# RE: Subclass 485 Visa Problem Help!!!



## supporter28 (May 8, 2010)

*RE: Subclass 485 Visa Problem Help!!!*

I know I am silly. I do made a big mistake.
When I applied for the 485 Visa (TR), I didnot know that have to do the Australian Federal Police Check, and I didnt do it and didn't provide it.

Now my case officer said would refuse to grant me the 485 Visa if I couldn't provide a copy of Police Check date before I applied the application. he said if I provide a new one, which the valid date would be now. then he would refuse to grant the visa!

HELP,??!!! Anyone??


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## Wanderer (Jun 16, 2007)

supporter28 said:


> I know I am silly. I do made a big mistake.
> When I applied for the 485 Visa (TR), I didnot know that have to do the Australian Federal Police Check, and I didnt do it and didn't provide it.
> 
> Now my case officer said would refuse to grant me the 485 Visa if I couldn't provide a copy of Police Check date before I applied the application. he said if I provide a new one, which the valid date would be now. then he would refuse to grant the visa!
> ...


It may seem to be a harsh ruling but all immigration regulations are governed by legislation and the case officers have no option but to apply the regulations as they are.
If they did anything otherwise they would be breaking the law.

It may be that you have to get your existing application cancelled or withdrawn and you can ask your CO about that and in regard to submitting a new application once you have the PCC.


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## supporter28 (May 8, 2010)

Thank you for your reply.
I don't have any chance to re-apply as I already pass the time of six months after I graduated from my Uni.

If I do withdraw my case.
Can I still apply for a Student Visa (post-graduate degree related to IT, as my current degree is Master of Information Management,and I can get some credits from my current degree, then I can finish in half year. and apply 485 visa and PR )
Can I do this?


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## Wanderer (Jun 16, 2007)

supporter28 said:


> Thank you for your reply.
> I don't have any chance to re-apply as I already pass the time of six months after I graduated from my Uni.
> 
> If I do withdraw my case.
> ...


The 485 study requirement eligibility does say that the 92 weeks study does not need to all be in a two year period and so if you can do study that will see you still comply with the 92 weeks and awarding of a degree etc., further study may be an option for you.
You'll need to make sure you comply with the conditions specified on http://www.immi.gov.au/skilled/general-skilled-migration/485/eligibility-study.htm in addition to all 485 eligibility requirements and so make sure you use the *Checklist* - http://www.immi.gov.au/skilled/general-skilled-migration/pdf/485_checklist.pdf

So you certainly need to look into it thoroughly and take it one step at a time, ie.
. Organise a student visa and to be accepted into an appropriate course that could mean waiting until next year.
. A 485 visa will not guarantee PR and is just a means to allow moving towards achieving eligibility - and then it is a separate application.

You should also have a good read of the changes that are to be introduced for Immigration regulations - the _What's New link _ on Skilled - Graduate (Temporary) visa (subclass 485)


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## supporter28 (May 8, 2010)

I very appreciated your reply, Wanderer.
When I read the two year study requirement and overlap qualification from Immi.gov.au website, I still can't quite get it.

Now I hold Master of Information Management degree (two years study in Australia), and I withdraw my 485 visa.
Then I apply for Graduate Diploma of Information Systems Management (one year study).
and I can get some credits from my Master degree courses, then I can finish in half year.

My question is that "Two Year Study Requirement", do I meet it?
Because I study Postgraduate degree ONLY for one year in Australia.

Does Immigration department admit that I meet the TWO YEARS study requirment,
if I apply PR based on my Postgraduate degree, since my Master degree already pass 6 months period after I graduated from my Uni. 

Can I count on the time that I studied my Master degree.?


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## Wanderer (Jun 16, 2007)

supporter28 said:


> I very appreciated your reply, Wanderer.
> When I read the two year study requirement and overlap qualification from Immi.gov.au website, I still can't quite get it.
> 
> Now I hold Master of Information Management degree (two years study in Australia), and I withdraw my 485 visa.
> ...


It is a bit unusual to do a Masters and then use credits from that to do a lesser qualification but the Immi site does say that can be done.

First you need to ensure whatever new course you intend to do is approved, the key information being


> There are two main components of the Australian study requirement.
> 
> •You must have studied for a minimum of at least 16 calendar months within Australia in a course registered with the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS)
> and
> ...


http://www.immi.gov.au/skilled/general-skilled-migration/485/eligibility-study.htm has further detail on overlap of courses, ie.


> *Overlap of qualifications*
> Where qualifications overlap, you cannot count periods of study more than once.
> 
> If you complete more than one 'acceptable' qualification but use only the last qualification to meet the Australian study requirement, then any credit received in that qualification from the previous qualification(s) will count towards meeting the Australian study requirement, while the actual study within the previous qualification(s) on which the credits were based is used towards meeting the regulation 1.15F(1)(b) 16 month requirement.
> ...


So in effect, with credits you use from the Masters, you'll still need to meet both the 16 months minimum time duration in total and also the 92 weeks as rated by CRICOS to be eligible for the 485 or alternately the 885/886 via any state/territory migration plans [ yet to be published ] or state/territory sponsorship.

By getting a 485 granted that is a qualifying visa for an 885/886 and the eligibility is based on: 
Skilled - Independent (Residence) Visa (Subclass 885) -

Where you also need to be wary though is that your studying will align you with whatever occupation you seek to nominate, ie.


> *Qualifications must be closely related to nominated occupation*
> The Australian qualification(s) you have completed must be closely related to your nominated skilled occupation. This means that the subject matter and the skills gained from your qualifications can be applied at the level you achieved them in your nominated skilled occupation. Some examples of this are:
> 
> •Diploma in Business and Certificate IV in Carpentry would be consistent with nominating Carpenter as your occupation as applicants could find those qualifications genuinely useful in operating their own business as a carpenter.
> ...


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