Student Visa Holders - what

next?

Common Visa Pathways

Who are we?

National Visas has been in operation for nearly 10 years. We have 7 registered migration agents at our company. Simon has nearly 5 years experience with DIBP before becoming a migration agent. We have a combined 25+ years of experience with Australian migration.

Presenting to you today are:

Simon Delmo - MARN 1066328 Ivanna Cheng - MARN 1066462

Common visa options and pathways

Skilled temporary 485 Skilled Migration (permanent) Employer sponsored visas

Lots of possible options to get to PR - let's have a look...

Common pathway which does not rely on an employer to sponsor you. Need to be sure you can meet 485 requirements.

Again, depends on 485 eligibility, but provides a good option for people who need extra points, or who may struggle with skills assessments or English.

Not eligible for the post study 485 and your occupation is not on SOL Schedule 1, then you may need an employer to sponsor you. This pathway has good options to PR, possibly with no skills assessment and lower English.

Great option if you can do it. This is what we would first of all be aiming at, but it's not possible for everyone.

Another great 'direct to PR' option with no skills assessment. Wages can be lower than with the 457. You need an employer in a regional area. PR visa can be cancelled if you don't stay with the employer for 2 years.

Which visa?

Choosing the correct visa or pathway can be complicated and mistakes can be very costly. If your visa is refused while you are in Australia you could be barred from making further applications.

You need to understand whether you can meet requirements before you lodge. You also need to understand how your choices lead to PR.

Let's start by looking at the skilled temporary visa (485).

The skilled temporary 485 Visa:

The 485 visa can lead you to employer sponsored or possibly skilled permanent visas in the future.

There are now two possible options in the 485 visa. These are called 'streams':

Graduate Skilled Stream Post Study Work Stream

Graduate Stream

Occupation must be on SOL Schedule 1 Requires a skills assessment 2 years study IELTS 6 (at time of application) Only 485 option for people who had applied for a student visa before Nov 5th 2011 Only 485 option for people who have a trade level qualification.

Post Study Work Stream

You must have applied for your first ever student visa after 5th of November 2011 Bachelor level or higher 2 years study No skills assessment required No occupations list IELTS 6 (at time of application) Length of visa depends on your course of study (2 years for Bachelors).

485 Eligibility by occupation

Hairdressers:

Not eligible for the 485. A good option to consider is an employer sponsored visa.

Marketing and Business:

Not eligible for the 485. A good option to consider is an employer sponsored visa. Alternatively, if you applied for your first ever student visa after Nov 5th 2011, if you continue on to a Bachelor Degree, you could then be eligible for a 485.

485 Eligibility by occupation

Graphic Design (Digital production):

There is a distinction between a 'Graphic Designer' and 'Printers' such as 'Printing Machinist' or 'Small Offset Printers'.

With a Diploma qualification you are not eligible for the 485. A good option to consider is an employer sponsored visa (TSMIT issues).

Alternatively, if you applied for your first ever student visa after Nov 5th 2011, if you continue on to a Bachelor Degree (consider for example pursuing the pathway of a Graphic Designer, Web Designer, Multimedia Designer or Illustrator), you could then be eligible for a 485.

485 Eligibility by occupation

Graphic Design (Digital production):

Important note: Using the 'Printer' occupations the skill level is:

"AQF Certificate III including at least two years of on-the-job training, or AQF Certificate IV"

485 Eligibility by occupation

Community Services:

There are a number of occupations that may fit into this category. Examples include:

Community Worker Disabilities Services Officer Family Support Worker Parole or Probation Officer Residential Care Officer Youth Worker

485 Eligibility by occupation

Community Services:

Not eligible for the 485. A good option to consider is an employer sponsored visa. Alternatively, if you applied for your first ever student visa after Nov 5th 2011, if you continue on to a Bachelor Degree, you could then be eligible for a 485. For example, consider

Welfare Worker Social Work Nursing Recreation Officer Community Arts Worker

Moving to the permanent visas (GSM)...

Whether or not you are able to apply for your skilled visa will depend on various eligibility criteria. These will include:

Your occupation Can you meet assessing authority requirements? Do you need state nomination? Points Test

What about Employer Sponsored Visas?

The temporary visa - 457

Permanent visas - ENS (186) and RSMS (187)

The 457 visa

The 457 visa is a temporary visa that can go for up to 4 years, and can be renewed. It can be a great way to open your pathways to a permanent visa in either the skilled or employer sponsored space.

It is a reasonably fast visa so employers like it.

TSMIT currently $53,900 + superannuation.

The 457 visa - transitional residence pathway

An example of how the employer sponsored visas can work is to find an employer to sponsor you on the temporary visa (457), then once you are in Australia working for that employer possibly look at applying for permanent residence with their support (ENS or RSMS). This is called the Temporary Residence Transition Stream and is one of the most effective pathways to possible permanent residence.

ENS - subclass 186

This is a permanent employer sponsored visa. Your employer can be anywhere in Australia (city and regional).

In most cases applicants won't be eligible for the ENS (subclass 186) visa as a new graduate. You may be able to meet requirements for this visa if:

You have three years post qualification work experience, or You have worked for your employer on the 457 for 2 years,

or You earn over $180K per year.

RSMS - subclass 187

This is a permanent employer sponsored regional visa. Your employer must be in a 'regional' area of Australia.

In Victoria - anywhere except Melbourne Metro area.

In NSW anywhere except Sydney, Wollongong or Newcastle.

In Queensland - anywhere except Brisbane or the Gold Coast.

All of Western Australia, South Australia, Tasmania, the Northern Territory.

RSMS.... Direct to PR

This is a permanent visa which you can apply for as soon as you complete your course, as long as you have an employer to sponsor you.

Main benefits:

Australian qualified applicants do not need a skills assessment

You do not need work experience You need only to meet 'ANZSCO' requirements IELTS 6

RSMS - important information

You must make a 'genuine effort' to remain with your sponsoring employer for the first 2 years after the visa is approved or your visa can be cancelled.

DIBP do cancel these visas!

Other options?

If you are not immediately eligible for one type of visa, then we can move on to looking at alternatives such as looking at your partner's eligibility, or perhaps continuing on to further study.

Each situation is different, so please discuss your situation with one of our advisers.

A word on 4020…

The Department has what they call 'Public Interest Criteria 4020'. This is how they smash people who have provided bogus documents or false information in their application, or in the application for a visa they have held in the last 12 months.

DO NOT provide false documents or information. It can catch up with you years later and blow you away.

Examples from our experience (IELTS and police clearances)...

How does the application process work?

Once you lodge a valid 'onshore' visa application you will receive a bridging visa. Normally this will be a BVA. The bridging visa allows you to remain lawfully in Australia while your visa is being processed (see diagram on next slide).

You can't travel while holding a BVA, you must hold a BVB!

Notes:

Make sure you are lawful at the time you apply! Becoming unlawful can have terrible consequences (such as visa refusal and a three year ban).

Student visa expiry573 student visa

Apply for another visa (eg 485).BVA granted here.

BVA comes into effect when student via expires. No travel on BVA., but you can get a BVB if you need to travel.

New visa approved. BVA ceases.

How to start with National Visas....

www.nationalvisas.com.au

This slide show will be available on our National Visas blog site here:

http://www.nationalvisas.com.au/blog/

Articles written by our migration agents are on the blog site's 'Agent Articles' section here:

http://www.nationalvisas.com.au/blog/category/migration-agent-articles/

Questions?