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Immigration Daily News Schedule 1 Subclass 485 Graduate Work stream: Regs clash and don't correspond to PAMSAustralian Immigration Daily News
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Schedule 1 Subclass 485 Graduate Work stream: Regs clash and don't correspond to PAMS
485.223 requires the applicant to have applied for a Skills assessment at the time application, however 485.224 requires a positive skills assessment at the time of application. PAMS supports 485.223 and clashing 485.224 which skills assessment result is at the time of decision criteria. See below:
485.22 Criteria for Graduate Work stream
[485.223] When the application was made, it was accompanied by evidence that the applicant had applied for an assessment of the applicant’s skills for the nominated skilled occupation by a relevant assessing authority.
[(1) repealed/substituted by MLA(2014MNo.1)R 2014 with effect on and from 01/07/2014 - transitional/application see Sch 13 3102 - LEGEND note]
[485.224] (1) At the time of application:
(a) the skills of the applicant for the applicant’s nominated skilled occupation had been assessed by a relevant assessing authority as suitable for that occupation; and
(b) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment — the period had not ended; and
(c) if paragraph (b) did not apply — not more than 3 years had passed since the date of the assessment.
[485.224] (2) If the applicant’s skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.
PAMS:
10 Skills assessment
10.1 At time of visa application
For 485.223, when the application was made, it must have been accompanied by evidence the applicant had applied to a relevant assessing authority for an assessment of their skills in their nominated skilled occupation. For policy and procedure on "relevant assessing authorities", see PAM3: Div2.6 - Prescribed qualifications - Application of points system - Regulation 2.26B.
To satisfy 485.223, the applicant should enclose with their visa application evidence that they have applied to the relevant assessing authority to have their skills assessed. For example, an acknowledgment letter from a relevant assessing authority or a 'yes' answer accompanied by a reference number on the visa application form.
Note: The applicant does not have to have applied to the relevant assessing authority for their nominated skilled occupation - it can be any relevant assessing authority. However, see also section 10.4 Different assessing authority at time of decision.
The ASRI (Australian Skills Recognition Information) page on the departmental website provides applicants with information about the assessing body/bodies for each skilled occupation and relevant contact details. See ASRI website (www.immi.gov.au/asri/).
10.2 Cannot later change nominated skilled occupation
There is no legislative mechanism that allows an applicant to change their nominated occupation after applying for this visa. If an applicant has skills in more than one occupation on the skilled occupation list, they must decide before making their application which one of those occupations they will nominate as their nominated skilled occupation.
10.3 At time of visa decision
At time of decision, the primary applicant must have a favourable skills assessment in relation to their nominated skilled occupation (485.224(1)). Assessing authorities give applicants written advice of the outcome of the assessment as to whether the applicant's skills are suitable for the nominated skilled occupation.
Comments
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Wednesday, 02 July 2014Sch 1 is validity. The regs you refer to are in Sch 2.
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Wednesday, 02 July 2014
Isn't Schedule 1 form and fees? Can someone paste Schedule 1 in here please!?
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Thursday, 03 July 2014
But the regulations [485.224] (1) requests TOA had skill assessment result, though PAM did not support it. What can we do now? Can we still just provide application evidence of skill assessment in TOA? Please advise.
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the At the time of application:
(a) the skills of the applicant for the applicant’s nominated skilled occupation had been assessed by a relevant assessing authority as suitable for that occupation; and -
Thursday, 03 July 2014
WE have written through Agents gateway a complaint so lets see what they say. Until this is sorted this remains the law and although the DIBP would probably not refuse an applicant if they did not have skill assessment result at the time of application, we have found the MRT is not so forgiving and will apply the law as it stood regardless of its absurdity.
Best to wait to lodge 485 if possible until the DIBP make some official announcement. -
Thursday, 03 July 2014
Haha, DIBP have done it again! Last year they amended the 457 Schedule 2 regs to include a reference to Reg 1.15B in the 'time of decision' criteria - which created an absurdity as Reg 1.15B states that an IELTS test used to meet 'Vocational English' must be sat before the relevant visa application is lodged. DIBP have dealt with that little snafu by just quietly letting applicants sit IELTS after lodging their applications & use the results despite the regs saying they shouldn't be able to.
Same deal here - they've obviously just cut & pasted the 189 / 190 amendments wrt addressing skills assessment 'validity' into 485 Sch2 whilst being blissfully unaware the 485 has always operated differently to the PR GSM visas in terms of when the skills assessment outcome was required.
Gee whoever is doing the drafting there these days really needs a pat on the back and a slow golf clap for this latest effort. -
Friday, 04 July 2014
Thanks Liana.
Wish to see how soon DIBP REAMEND this regulation. -
Monday, 07 July 2014
Hello Liana
I been checking the MIG REGS.
The regulations for 485 there is NO two separate criteria such as Criteria to be satisfied at time of application OR Criteria to be satisfied at time of decision. IT just has common criteria and criteria for Graduate Work Stream,
BUT in PAM3 there is
10.1 At time of visa application
For 485.223, when the application was made, it must have been accompanied by evidence the applicant had applied to a relevant assessing authority for an assessment of their skills in their nominated skilled occupation
10.3 At time of visa decision
At time of decision, the primary applicant must have a favourable skills assessment in relation to their nominated skilled occupation (485.224(1)). Assessing authorities give applicants written advice of the outcome of the assessment as to whether the applicant's skills are suitable for the nominated skilled occupation. SO in the mig. regs. it does NOT say 485.223 is at time of application and 485.224 is at time of application -
Friday, 12 May 2017
I have applied for skills assessment under registered nurse and while applying, I placed ANZSCO code RN(NEC) for AMNAC and clicked on RN(MEDICAL) for Temporay Visa 485. I need to change with DBP the code. Is it possible now before the decision is made?
Immigration blog
WELL done Liana for picking that up. Looks like someone at the DIBP stuffed up and put in the wrong regulation. Obviously a 485 applicant for the Graduate Work Stream will not have a skill assessment result at the time of application. What does the DIBP have to say?