Question of the Week
The difficulties of getting a work visa for students after graduation…
Category: Student Visa
Question asked
I am currently on a Student Visa (sc 500) and applied for a sc 482 Sponsorship Visa. My sc 482 visa was refused under grounds of not meeting the criteria for the visa (specifically not providing enough evidence of 2 years work experience).
Looking for advice on what my next steps should be to try and get a successful 482 visa. I have attached details and my refusal letter.
Thanks T.
Answer provided by Migration Agent
Hello T.,
I am so sorry to hear of your refusal. I am not quite sure if you are on a Student Visa still or on the BVA associated with this application, because that could make a difference to your options. So, you could appeal it - but can you show that you have 2 years of experience?
According to the letter you state you have 14 months. If this is case it is unlikely you will win at the Tribunal, but you would be able to stay the extra time while it is being decided. Possibly up to two years. You are very limited in the visas for which you can apply as you are now s48 barred from applying for a further visa onshore - you need to go offshore to make the application.
If you are still on your Student Visa, you can stay on that visa and there may be some other options open to you.
You can let me know your current visa status by sending me a clarifying question.
------------- Request for Clarification ---------------------
I am still on my student visa. I was granted my student visa recently, before my 482 visa was refused, so I am not on a bridging visa.
The reason I would consider appealing is that the case officer interpreted my experience to be 14 months, when I actually meant that I had 14 months of freelance experience, and that 14 months combined with other experience as a full-time and part-time employee (not freelance) cumulated to over 2 years.
However, given that they stated I wasn't specific enough with dates, I'm concerned they would turn down my appeal.
------------- Answer from Migration Agent ------------------
Hi T.,
It is excellent news that you are on a Student Visa. You can remain on that for the time being.
You could if you like request a review of the refusal but that would help only if you were sure you would be able to prove what the Case Officer has disputed. However, this would take possibly a year or maybe even longer before you get an outcome. I guess my question to you is what your goal is. Is the ultimate goal PR?
If it is, this sc 482 will not give you an easy path to PR. You are on the short-term stream so you would either have to change occupation or perhaps move regionally.
While you are on the student visa you have currently - you can stay. However, you will have to go offshore and come back again if you want to put in another application for another sc 482 visa without going to the Tribunal - or for any other visa.
As you have the student visa, stay on that, then hopefully while you still have the visa you can go offshore - even if it is to NZ for a day.
This I guess will depend on when they open the borders again as you can of course leave when you like but you will find it very difficult to come back at this time. But that is the best strategy I think for you at this point - unless you apply for a Partner Visa - that is still possible without going offshore.
I hope this has helped - without knowing your long-term goal it is difficult to know exactly what the best option is for you. If it is PR then I think you need to look at alternatives. If it is to stay for a bit longer - then you have your student visa.
If you can prove everything the case officer said was lacking, then you can appeal but that would again depend on what your ultimate goal is.
I am always here to help if you need.
Thank you for using Ask-An-Agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger or chat. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.
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