# Victoria Visa 190 application question



## joeliu (Sep 17, 2013)

Hi there,

I graduated in Victoria with my PhD but currently I am working in Brisbane. Just wondering if I want to apply Vic state nomination for visa 190, do I have to either move back to Victoria or provide them a Vic employment offer to be eligible to get a sponsorship under the Vic PhD graduate stream? 

Thanks

Regards
Joe


----------



## ashleigh (Sep 4, 2013)

joeliu said:


> Hi there,
> 
> I graduated in Victoria with my PhD but currently I am working in Brisbane. Just wondering if I want to apply Vic state nomination for visa 190, do I have to either move back to Victoria or provide them a Vic employment offer to be eligible to get a sponsorship under the Vic PhD graduate stream?
> 
> ...


No, you do not have to be in Victoria, and you do not have to get employment (at least not under the 190 visa). If you want an employer sponsorship, you could try the Employer Nomination Scheme.

As you're in Brisbane, could you tell me how Brisbane is like, as friends of mine plan to move there and were anxious about issues of extreme racism there. Is it true? They are Asian, and you as someone from China, have you experienced any discrimination?


----------



## joeliu (Sep 17, 2013)

ashleigh said:


> No, you do not have to be in Victoria, and you do not have to get employment (at least not under the 190 visa). If you want an employer sponsorship, you could try the Employer Nomination Scheme.
> 
> As you're in Brisbane, could you tell me how Brisbane is like, as friends of mine plan to move there and were anxious about issues of extreme racism there. Is it true? They are Asian, and you as someone from China, have you experienced any discrimination?


HI there thanks for the reply.

Actually i was asking whether i will need a job offer to get a VIC nomination under the Victorian PhD graduate scheme when i am not living in Victoria at the time i apply for the nomination. on the official website it states that :

*Offer of employment
You will be required to provide a current job offer in your nominated occupation to support your visa nomination application if:
you are currently living in another Australian state, 
or this is a requirement for your occupation on the State Nomination Occupation List for Graduates in Victoria.*

It looks to me that I would need a job offer to apply for VIC nomination if i am not living in VIC. But official statements can be confusing. Would be great if someone can clarify this for me. Thanks a lot.

Regarding your question, I have not really encountered any discrimination against myself since i am in Australia (I was in Tas more than 2 years, Melb more than 3 years and now Bris almost a year). Foreign cultures seem to be generally accepted by Australians (maybe just a few narrow-minded people aren't like this). In Birsbane (or most of the cities) Asian society is still pretty big in ratio to non Asians. Discrimination is everywhere but Australia is not too bad. I would not worry too much about discrimination in Brisbane. And Bris is developing very fast both economically and culturally. So I would say people's acceptance to foreign cultures is also improving. One of the beauties of this country is that you can choose the life style you want to live. If a minority is too narrow-minded to accept you, then I guess you just have to realise discrimination is just a matter of opinion and not to care about other people's opinions. What can you do. and what can they do.

Regards
Joe


----------



## ashleigh (Sep 4, 2013)

Hi Joe,

I looked up the Victorian 190 visa page, and yes, it seems that you do have to provide evidence of employment since you are in Brisbane right now. This is interesting, as I've never encountered other states requiring this. If finding employment proves to be difficult, then maybe you could move to Vic and lodge the application from there? It would also be easier for you to find employment in Victoria if you were also living there (easier to come to interviews etc.)


----------



## MarkNortham (Dec 19, 2012)

The job offer requirement is usually dependent on the occupation and the level of availability - many of the states including WA, ACT and NT require this of some occupations. For occupations they really need badly they won't have this requirement, but for ones that are in low-moderate need, this is becoming a more common requirement.

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

Hi Ashleigh Thanks for the Info. appreciate it.

Hi Mark, any chance you know how to check this "need badly"? I am a food technologist. Dont know how badly they need ppl in this occupation. Thanks a lot!

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

You would need to research with people who know that industry well in Australia - you could talk to companies who hire people in this occupation, as well as recruiters who recruit in this area and job boards such as seek.com.au and others.

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

Hi Mark,

Yes will do. Thanks a lot!

Also by the way, by any chance you would know about if I am on a bridging visa waiting for my visa 885, could i apply for visa 190 at the same time? or I would have to withdraw my 885 application (in that case i would be without and visa to stay here immediately) before I lodge visa 190?

Really appreciate your information guys! Thanks a lot!

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

Generally no need to withdraw one application if applying for another visa, however once one is ready to be granted, DIBP will normally ask you to withdraw the other one.

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

MarkNortham said:


> Hi Joe -
> 
> Generally no need to withdraw one application if applying for another visa, however once one is ready to be granted, DIBP will normally ask you to withdraw the other one.
> 
> ...


Thanks a lot!

I am going back to China for 4 weeks in this November, Just hope my visa 885 application (lodged in May 2011) wont get processed while I am in China. A bit worry if I get rejected, I wont have a visa to come back to Australia anymore. That would be terrible.

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

Suggest you update DIBP with your contact info when away - are you leaving on a Bridging Visa B?

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

Hi Mark,

Yes Bridging B. And I just got it today. $ 140, man thats more than 10% of my return ticket. 

Funny that the counter officer told me that I have been assigned a Case Officer for more than a month. First time I get to know I have a CO for my Visa 885 lodged in May 2011, by paper. 

Then first thing I do was call Health Solution Medibank for the medical exam booking. But they told me I need a HAP ID from the CO to do the booking. I may give immigration a call to find out about this CO thing and the HAP ID thing. 

Sorry Mark do you have suggestions on this one? By any chance you would know what documents are ususally required to supply by CO besides the Medical exam? I heard that the Australian Police Check and my Chinese Police check will be also needed?

Mark really thank you for following my post and giving me advices. May I ask what brings you to the forum?

Best Regards
Joe


----------



## joeliu (Sep 17, 2013)

And just saw ur signature that you are a migration agent. Ignore my last question. 

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

Glad you were able to get the Bridging Visa B - the visa application fees are quite a money grab - BV-B used to be $50 not long ago.

Re: medicals, you must have a HAP ID to book a medical now - new rules. Typically with visas that are taking a very long time to process you would need to wait for the case officer to contact you, and the case officer would provide the HAP ID when they're ready for you to take the medicals. The controlling factor is that the medical results expire after 1 year, so they don't want an applicant taking a medical too early if a visa is going to take a long time to process. Would suggest contacting the case officer and requesting the HAP ID.

Yes, you'll need Australian and overseas police check certificates normally for the 885 - will need these for all overseas countries you've spent 12 months or more in (in total) over the last 10 years.

Re: why I'm here - yup, am an agent and I feel part of my job is to try and help people with general information at no cost via the forum - migration is stressful enough without getting stuck on the many logistical, etc details that, frankly, are not well explained on the various online resources, etc.

Hope this helps -

Best,

Mark Northam



joeliu said:


> Hi Mark,
> 
> Yes Bridging B. And I just got it today. $ 140, man thats more than 10% of my return ticket.
> 
> ...


----------



## joeliu (Sep 17, 2013)

Hi Mark,

Yes I will try to find out HAP ID. Thanks a lot!

Probably the Medical and Police checks are not a problem. But my application is just having 120 points with the four 7 bands IELTS which I did when i lodged my application. Now the IELTS I submitted with my application is more than 3 years old. So in that case, to be able to claim the proficient IELTS points, I will be asked to do the IELTS again is that correct? 

I am sorry that I keep asking you so many questions. It feels like everytime I read about the visa885 application info online, I will get more and more uncertainties. Yes it is a very stressful process and have been giving me (and many many applicants) a lot of mental burdens. 

It is not an easy task to have four 7 bands for me in IELTS. 

Do you know if I could claim points with my work experience that is earned after i lodged my application? 

Feels like i pick a bad time to go home but it does have been for 2 and half years since i went back home last time. 

Anyway, thanks again Mark, for helping us out in the forum! Really appreciate your efforts!

Regards
Joe


----------



## joeliu (Sep 17, 2013)

Hi Mark,

I called immigration today. They told me that my case officer just got assigned to me 1 week ago. So my HAP ID is not even generated yet. They advised me I will just have to wait to hear from the case officer. 

Would you know about my IELTS situation as I mentioned above? Thanks a lot!

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

Thanks for the note. The regulations are not clear re: retaking IELTS. My guess is that they will not ask you to do so, however meeting the points test is a time of decision criteria (vs time of application) for this visa, so there is the possibility I suppose, but if they ask you to do this, I'd probably push back a bit and point out that you presented a valid IELTS score to justify your points claim at the time of application, and that you should not be penalised because DIBP took so long to process the application.

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

Hi Mark,

Thanks for the reply and advices! Yes let's hope for the best.

I actually have another post in the forum about claiming points for Australia study requirement. But there have been no replies. 

So would you mind also give me some comments on this one please: 

I was holding my 485 by the time I lodged my 885 application (May 2011). I intend to claim the 5 points for Australia study requirement ( 2 years full time). But I completed my 2-year Master course in Dec 2008 which is not within 6 months by the time i lodged my 885 application. In this case, am I still eligible to claim the 5 points for Australia study requirement? (I am pretty sure I met all the Australia study requirement rules except for the within 6 months rule). 

Thanks a lot Mark.

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

The Australia Study Requirement (ASR) stands alone and does not always have attached the 6-months provision - this can be a confusing area of migration law. For the 485 visa, it requires that the applicant meet the ASR within the 6 month period ending the day before you apply for the visa. For 885 visa applicants, if applying directly from holding a student visa (no 485), then the ASR with the 6 month limitation also applies.

However, if you're applying for the 885 visa and are holding a 485 visa at the time of application for the 885, you still have to meet the ASR and all the degrees/quals you use to meet the ASR must be closely related to your nominated occupation, but there is no 6-month limitation in this scenario.

Hope this helps -

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

Hi Mark,

Thanks for the prompt reply. As always your answers are very much to the point! 

When I lodged my 885 application (2011), I was using the occupation assessment from vetassess for Life Scientist nec (acquired in Feb 2009, with no expire date on it) that i used for my 485 application (2009). It was more than 2 years old back then, although no valid perirod or expire date indicated on the certificate, I am still concerned about it. Should I be worried? 

Regards
Joe


----------



## MarkNortham (Dec 19, 2012)

Hi Joe -

Probably not, unless there was an ASCO to ANZSCO code change issue. There should not be a problem re: expiration date for the skills assessment, however if you received the assessment on an old ASCO code but made application for the 885 using an ANZSCO code, you may want to compare the two codes and see if there is a difference. You can read more about that and note the approved correlation list here:

Australian and New Zealand Standard Classification of Occupations (ANZSCO)

Best,

Mark Northam


----------



## joeliu (Sep 17, 2013)

Hi Mark,

I have checked and Life Scientists nec is on the departmental-endorsed ASCO-ANZSCO correlation list. 

Although I have accidentally got to know I am assigned to a case officer when i was applying for my Bridging Visa B, should I try to contact the case officer for a HAP ID by calling immigration, so that I can book for my medical exam to supply all the documents? (I lodged by paper. When i recently tried to book a medical exam, i was asked for the HAP ID which i do not have).

The reason I want to speed up is mainly because I will be going back to China for my annual leave in 5 weeks. I really would like to finish up all the documents and medical exam before i leave. 

Regards
Joe


----------

