Question 1: S. Philip
I am S. Philip and would like to know the possibilities of including my parents when I apply for my 190 visa. Will they get PR with me? My only brother is also a permanent resident in Australia?
Ans: You could not include your parents in subclass 190 Visa application. Generally, you can include your family members, ie, partner and your or your partner’s child or step-child in your application.
As your brother is a Permanent Resident in Australia, your parents can explore other options under Parent visa. Please be noted it depends upon family composition and relevant criteria to be satisfied for parent visa you prefer to apply.
Question-2 A. Varghese
Sir, I have hereby attach copy of refusal from Immi and date of my hearing at tribunal. I applied for post study work visa in wrong category. It was refused. Plz let me know what i should do now ?
Ans: We have gone through the refusal decision of your subclass 485 (Graduate Work Stream) applied. One of the relevant criteria for this category visa states application must be 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.
As you advised that you had intended to apply under subclass 485 (Post Study Stream), the aforesaid criteria is not applicable in that category.
To get a favourable outcome at AAT appeal, you must furnish evidence that you have applied for skills assessment in the nominated occupation at the time of application lodged. In the event, you haven’t applied for skills assessment at the time of application, you would
not get a positive outcome at AAT.
Question-3 M. George
Hello Prathap, I have been working as commercial tax officer in Kerala and after retirement took LLB and practicing. My elder son is in Sydney is a PR in Australia. I came to Australia in visiting visa and will be going back. What are the formalities to obtain a work viza or residents viza in Australia? I am aged 60 plus and acquired MA LLB qualification.
Ans: In your case, the best option to move in Australia permanently is Parent Visa. However, the eligibility for that visa is decided upon the visa status or citizenship you children currently hold. To migrate Australia permanently under Parent visa, the applicant must pass the Balance of Family Test initially, ie, at least half of your children live permanently in Australia, or that more of your children live permanently in Australia than in any other country.
Question-4 (S. Greenwood)
Good evening, My temporary activity Visa (subclass 408) was refused few days ago. I received a grant to come do a research project at an university in Australia and am currently a student and provided my acceptance letter with the visa application. I'm attaching the refusal letter here and was wondering what you thought I should do? No one can seem to give me a straight answer as to why it was refused. I am currently in Australia on an ETA and have about 2 months before that expires.
Ans: We have gone through the decision letter received from the Department of Home Affairs on your visa application for Temporary Activity (subclass 408) visa. From the information provided, as per the regulation, the relevant criteria in your case is that you should be either a student of a foreign educational institution; or has graduated from a foreign educational institution during the 12 months preceding the making of the application.
You have the appeal rights against the current decision at AAT within the time frame of 21 days from the date of the decision.
In case you have evidence contrary to prove that you are currently a foreign student or graduated during 12 months from a foreign education institution preceding the application lodgment, there is a chance to win at AAT.
Question-5 AM Peter
Respected sir, I am AM Peter. I would like to know about the details of dietitian’s migration. I have master qualification in Clinical Nutrition and 2-year experience. I would like to give you my resume to assess for dietitian migration. Please advise about the procedures.
Ans: Thank you for the email. Please be advised that your occupation, Dietitian, is not eligible for independent skilled migration under subclass 189. However, it is an eligible occupation for State Sponsored migration and Employer Nomination Scheme visas.
The skills assessment for Dietitian, which is mandatory for Skill Select visas, is a multi-stage process, and you would get more information from the following link
https://daa.asn.au/becoming-a-dietitian-in-australia/recognition-of-dietetic-qualifications/overseas-educated-dietitians-assessment-stage/
Prathap Lakshmanan.
TN Lawyers & Immigration Consultants.
Email: info@tnlawyers.com.au
Web: www.tnlawyers.com.au
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