Visa 189/190 - Onshore Student

initialvelocity · October 2022

Hi guys,

I'm an onshore student here in Melbourne. My visa is about to end on March 2023 while my current course is ending this December. However, I can't decide which option to take as I am now ready to submit an EOI for 189 and 190 (Occupation: Computer Network and Systems Engineer). Possible points between 70-90. Depending on my new PTE results.

Option 1: Postpone submitting EOI. Apply for a new Student Visa then start a new course on January (1-year course). Then submit EOI once Student Visa is granted.

Option 2: Submit EOI for 189 and 190. Wait until February 2023. If no invitation, then apply for new Student Visa. If lucky enough to receive invitation, then lodge for PR before March 2023.

Option 3: Just submit EOI and Apply for new Student Visa at the same time.

The reason for this is I'm trying to avoid another year of student visa as I wanted to start working full time instead. But I'm also aware that my GTE for Student Visa might be a conflict for my PR plans. I just want to know if it matters even on EOI stage.

Appreciate your thoughts on this. Salamat po!

athelene · October 2022

@initialvelocity said:
Hi guys,

I'm an onshore student here in Melbourne. My visa is about to end on March 2023 while my current course is ending this December. However, I can't decide which option to take as I am now ready to submit an EOI for 189 and 190 (Occupation: Computer Network and Systems Engineer). Possible points between 70-90. Depending on my new PTE results.

Option 1: Postpone submitting EOI. Apply for a new Student Visa then start a new course on January (1-year course). Then submit EOI once Student Visa is granted.

Option 2: Submit EOI for 189 and 190. Wait until February 2023. If no invitation, then apply for new Student Visa. If lucky enough to receive invitation, then lodge for PR before March 2023.

Option 3: Just submit EOI and Apply for new Student Visa at the same time.

The reason for this is I'm trying to avoid another year of student visa as I wanted to start working full time instead. But I'm also aware that my GTE for Student Visa might be a conflict for my PR plans. I just want to know if it matters even on EOI stage.

Appreciate your thoughts on this. Salamat po!

Did you only study a 1-year course? Would you not qualify for 485 visa? If you qualify for 485, apply for that within 6 months of getting your completion letter (don't wait for diploma/testamur). Staying onshore on a 485 visa is definitely better than another student visa because of the full work rights that you get.

Submitting EOI does not equate to submitting an actual PR application, so it might take time to get an invite (especially if your occupation is not on the priority skill shortage list).

initialvelocity · October 2022

@athelene said:

Did you only study a 1-year course? Would you not qualify for 485 visa? If you qualify for 485, apply for that within 6 months of getting your completion letter (don't wait for diploma/testamur). Staying onshore on a 485 visa is definitely better than another student visa because of the full work rights that you get.

Submitting EOI does not equate to submitting an actual PR application, so it might take time to get an invite (especially if your occupation is not on the priority skill shortage list).

I studied 3 different courses for the past 3 years.
2020 - 6 months Adv Diploma
2021 - 1 year Diploma
2022 - 1 year Adv Diploma

Not sure if I can combine the past 2 years of study to be eligible. But the visa 485 requirement states that I need a minimum of 2 years of study.

Yes, I understand EOI is different from actual application. But do you think it can affect my student visa application? I'm a bit worried it might have an impact on their decision, hence, I have option 1. What option do you think is best in your opinion?

athelene · October 2022

@initialvelocity said:
I studied 3 different courses for the past 3 years.
2020 - 6 months Adv Diploma
2021 - 1 year Diploma
2022 - 1 year Adv Diploma

Not sure if I can combine the past 2 years of study to be eligible. But the visa 485 requirement states that I need a minimum of 2 years of study.

Yes, I understand EOI is different from actual application. But do you think it can affect my student visa application? I'm a bit worried it might have an impact on their decision, hence, I have option 1. What option do you think is best in your opinion?

Are all those diplomas related (same industry) or completely different? Related ba siya sa Computer Network and Systems Engineer occupation?

AFAIK as long as you have at least 2 years combined study, you could be eligible for 485 under the Graduate Work stream as long as those qualifications are related to the occupation on the MLTSSL. But apparently the skills assessment is not required when applying between July 1, 2022 and June 30, 2023.

I don't think having an EOI affects your chances of getting a student visa, but then again I'm not sure if Home Affairs checks for EOI when they receive your student visa application. If I were you I'd play it safe to apply for a visa first (whether student or 485) before lodging an EOI, just in case the unexpected happens.

But the most important thing is your GTE for the student visa... if you've already studied several Dip/Adv Dip, I'd question why you're still going to study another Diploma (if that's what you're planning to study). Immigration officers would usually be looking at your progression (finishing an advanced diploma, then continuing on to a bachelor degree, or doing a master's degree when you finish your bachelor's degree). If hindi nila makita na may progression/logic yung study plans mo, baka maging red flag yun sa kanila.

initialvelocity · October 2022

@athelene said:

Are all those diplomas related (same industry) or completely different? Related ba siya sa Computer Network and Systems Engineer occupation?

AFAIK as long as you have at least 2 years combined study, you could be eligible for 485 under the Graduate Work stream as long as those qualifications are related to the occupation on the MLTSSL. But apparently the skills assessment is not required when applying between July 1, 2022 and June 30, 2023.

I don't think having an EOI affects your chances of getting a student visa, but then again I'm not sure if Home Affairs checks for EOI when they receive your student visa application. If I were you I'd play it safe to apply for a visa first (whether student or 485) before lodging an EOI, just in case the unexpected happens.

But the most important thing is your GTE for the student visa... if you've already studied several Dip/Adv Dip, I'd question why you're still going to study another Diploma (if that's what you're planning to study). Immigration officers would usually be looking at your progression (finishing an advanced diploma, then continuing on to a bachelor degree, or doing a master's degree when you finish your bachelor's degree). If hindi nila makita na may progression/logic yung study plans mo, baka maging red flag yun sa kanila.

The last 2 years of my study are related.
1 yr - Diploma in social media marketing
1 yr - Adv Diploma in Digital Marketing
So I wonder if I can combine those 2 to be eligible for 485.
I’ve had a very good explanation in my GTE for those 2 courses. Now I need to come up with a better explanation for my new GTE in continuing another related Adv. Diploma course.

athelene · October 2022

@initialvelocity said:
The last 2 years of my study are related.
1 yr - Diploma in social media marketing
1 yr - Adv Diploma in Digital Marketing
So I wonder if I can combine those 2 to be eligible for 485.
I’ve had a very good explanation in my GTE for those 2 courses. Now I need to come up with a better explanation for my new GTE in continuing another related Adv. Diploma course.

I see. I think maybe consult with an agent to confirm if you can apply for a 485, given that your past 2 years of study are related (although wala ata sa MLTSSL) so you'd be meeting the 2-year Australian study.

As I've mentioned, there is no skill assessment required until June 2023 when applying for 485 visa, so you could potentially go on a 485 visa instead of another student visa (tipid sa tuition fees, and can work full time pa under 485).

initialvelocity · October 2022

@athelene said:

I see. I think maybe consult with an agent to confirm if you can apply for a 485, given that your past 2 years of study are related (although wala ata sa MLTSSL) so you'd be meeting the 2-year Australian study.

As I've mentioned, there is no skill assessment required until June 2023 when applying for 485 visa, so you could potentially go on a 485 visa instead of another student visa (tipid sa tuition fees, and can work full time pa under 485).

Yes. Thank you for that 485 idea! I'll include that in my options to explore.

Another thing is the Covid Visa (408). But it involves GTE again (minus the letter, I think) so I'm not sure if they will be checking existing EOI submission.

AUthentic · October 2022

Hello guys, pahingi lang ng suggestion, I entered AU on student visa May 7, nagsubmit ako ng EOI May 8, dun sa usual country of residence ang nilagay ko "Philippines" since I am holding student visa at isang araw palang ako nun sa Australia. Nainvite ako on 189 PTS last October 6, eksaktong 5months na ko halos nun, nagworry ako na they consider me as offshore, I wonder if I should push my application or not kase hindi sya match. I have few options

1 - Lodge my visa and Pray to God. Apat yung natanungan kong migrant lawyer sabi nila proceed with the application Usual Country of Residence can be updated sa visa application and legislatively no basis of refusal. May isa namang migrant lawyer sabi niya it is a mistake but can be subject for deliberation so proceed with application.

2 - Let go of the invite huhuhuhu

3 - Go back to Philippines at maglodge para maging offshore. Pero hindi ako pwedeng bumalik hanggat hindi granted ang PR

Salamat

initialvelocity · November 2022

@AUthentic said:
Hello guys, pahingi lang ng suggestion, I entered AU on student visa May 7, nagsubmit ako ng EOI May 8, dun sa usual country of residence ang nilagay ko "Philippines" since I am holding student visa at isang araw palang ako nun sa Australia. Nainvite ako on 189 PTS last October 6, eksaktong 5months na ko halos nun, nagworry ako na they consider me as offshore, I wonder if I should push my application or not kase hindi sya match. I have few options

1 - Lodge my visa and Pray to God. Apat yung natanungan kong migrant lawyer sabi nila proceed with the application Usual Country of Residence can be updated sa visa application and legislatively no basis of refusal. May isa namang migrant lawyer sabi niya it is a mistake but can be subject for deliberation so proceed with application.

2 - Let go of the invite huhuhuhu

3 - Go back to Philippines at maglodge para maging offshore. Pero hindi ako pwedeng bumalik hanggat hindi granted ang PR

Salamat

Not sure about the technicalities of onshore/offshore in terms of visa deliberation. I think you already have the best advice from your migrant lawyer. Although, usual residence refers to the address at which a person lives or INTENDS to live for six months or more. So regardless kung 1 day ka pa lang, pero your intention is to live for 6 months, then you are considered onshore.

I've heard na if you skip the invitation, you'll have a lower chance of getting an invite again from that specific Visa.