Turner Coulson Immigration Lawyers Australian - Immigration Articles
An Australian Visa Solution for Australian International Students Holding Only an AQF Diploma Level Qualification
Subclasses 857 & 119 RSMS Permanent Residence
Introduction
Recent and ongoing changes to the Australian Skilled Migration programme have made it virtually impossible for International students in Australia holding only a Diploma level qualification or lower to be able to apply for both the subclass 485 temporary graduate visa and the subclass 885 onshore Australian permanent residence visa.
Cannot Get A Positive Skills Assessment?
A positive skills assessment is essential to a successful visa application for both the subclass 485 and subclass 885 visas. The positive skills assessment, wether the assessing body is VETASSESS or Trades Recognition Australia, are impossible to get in the majority of student circumstances.
Students finish their certificate III trade certificate and Diploma of hospitality management only to find that the TRA requirements for a successful application for a subclass 485 provisional skills assessment are onerous to say the least if not impossible.
International students in Australia that have studied Diplomas or Advance Diplomas in things like Accounting, Business Management or other professional areas find that VETASESS now require at least a Bachelors level qualification as a requirement for a positive subclass 485 skills assessment outcome. Therefore, although they may have access to the ‘transitional provisions’ for international students, as they held a student visa on 8 February 2010, they cannot apply successfully for the subclass 485 visa as they cannot get a positive skills assessment outcome.
All their Diploma level qualifications allow them to do is leverage into, or prepare for, further study in a Bachelor’s level programme.
Cannot get 6+ in the International English Language Test Score (IELTS)?
Further for the majority of international students in Australia who do not speak English as their first language, achieving 6+ in the IELTS exam in each of the 4 major components is virtually impossible. This acts as a further barrier to a positive skills assessment as well as any subsequent potential Australian independent skilled migration pathways.
However, there is a potential onshore, and offshore, Australian permanent residence visa solution available to the Australian international student who's ultimate goal is to not leave Australia and to gain Australian permanent residence.
The Subclasses 857 and 119 Regional Sponsored Migration Scheme Australian Permanent Residence Pathways
The subclass 857 & 119 Regional Sponsored Migration Scheme (RSMS) visas offer the international student in Australia, holding only a Diploma or Advanced Diploma level qualification, an alternative Australian permanent residence pathway outside of the subclass 485 to subclass 885 international student permanent residence pathway.
The regional sponsored migration scheme visa subclass 857 must be lodged in Australia and the applicant must be in Australia and hold a qualifying visa. Australian student visas, subclass 572, 573 as examples, are qualifying visas.
The RSMS subclass 119 is for applicants applying outside of Australia and, for those in Australia but who do not hold a ‘qualifying’ Australian visa. It is known as an ‘offshore’ application.
The subclass 119 Australian visa application, although an ‘offshore’ application, can be lodged either in or outside Australia but the applicant must be outside Australia when it’s granted.
How is the Subclass 857 & 119 Australian Permanent Residence Pathway Different?
The significant point of distinction is that you only need a Diploma level qualification to be eligible for the grant of permanent residence under the subclass 119 or 857 pathway.
The English language requirement is set at a minimum of 4.5 in each of the 4 major components of the IELTS test and therefore, is far more achievable for international students that have English as a second language. Yes, you must have an offer of employment from an employer in regional Australia to be eligible and this offer of employment must be for at least 2 years.
However, you do not need work experience and you do not need a formal skills assessment, you only have to hold the Diploma qualification. This is a critical difference that means many international students may be able to remain in Australia for the longer term via this visa pathway.
Regional Australia does not mean living in the desert nor remote outback Australia as many places in what is considered regional Australia are great places to live.
Regardless, if you are committed to working and living in Australia, rather than travelling home and abandoning your Australian migration goals, travelling to regional Australia to find work may be your only option. Further information on the subclasses 857 & 119 RSMS visa pathways can be found in out detailed article at http://www.tcilawyers.com.au/TurnerCoulsonImmigrationLawyers255/Page/18917/RegionalSponsoredMigrationSchemeVisasSubclass.aspx
Conclusions
Australian international students holding only Diploma level qualifications should look very closely at gaining permanent residence through the Regional Sponsored Migration Scheme pathway (RSMS).
However, please note that the visa application process and the laws which lies behind it are very complex.
Any person making this application without the advice and assistance of a specialist immigration lawyer, even if only for an initial consultation to confirm your own assessment, faces a very real chance of making essential errors that will lead to the refusal of the visa application and may mean the loss of the opportunity of enjoying a future in Australia.
Accordingly, it is our strongest recommendation that specialist immigration lawyers are instructed to assist you with the visa application process to maximize your chances of success.
Please contact either Ray Turner or Stewart Coulson of Turner Coulson Immigration Lawyers to discuss your immigration goals and to ensure you application is given its best chances of a positive outcome for you.
Ray and Stewart can be contacted on +61 (0)2 9264 4654 or by email at info@tcilawyers.com.au
This article should not be taken as legal advice and cannot be relied upon as a complete or accurate representation of the law. It is meant to be indicative only and a general informative guide to the visa application process.