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Please Help! complex 485 and waiver of 8503

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aa206 View Drop Down
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Joined: 15/January/2012
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  Quote aa206 Quote  Post ReplyReply Direct Link To This Post Topic: Please Help! complex 485 and waiver of 8503
    Posted: 15/January/2012 at 00:30
Hi everyone,

I have been studying (Bachelor degree) in Australia for last 4 years and handed in my thesis in june, 2011. My visa was supposed to expire in september,2011 however my results came out in mid-october.
In septmeber i asked the uni. to extend my visa so that i could wait for my results and then apply for my 485 graduate work visa. However, the uni. refused to extend pointing that since i am not enrolled they cannot do so.

I then contacted DIAC and was advised to wait out as long as possible before my visa expired (and the apply for 485) or go back to my country, apply for a tourist visa and then re-enter Australia and apply for 485.

As my resutls were still not out- i took the later step and came back to my country, applied for a tourist visa and got it on 5 Jan, 2011. However, i have a no further stay condition on it now (which i was unaware of previously/and DIAC people didn't tell when i spoke to them).

Here is the quandry- I cannot apply for a 485 on "no further stay" condition, and i have to be onshore to apply for 485.

I have spoken to a few lawyers and they never had a situation like this before.

I would like to know-

1) What are the chances that i can get a waiver of no further stay?

2) Is it possible and/ advisable to directly email the Minister of Immigration and explain my situation ask him for a solution/advise regarding my situation?

3) Information on any Lawyer who has previously dealt with a similar situation would be highly appreciated.

Thank you very much in advance.

MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 23/January/2012 at 22:28
The chance of a getting a waver are nil.

Afraid all you can do is return to your country and seek qualifications and experience in an appropriate field and then seek skilled migration.

The fact that you obtained your original degree in Australia and are fluent in English will stand you in good stead.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

kaykim88 View Drop Down
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Joined: 30/March/2012
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  Quote kaykim88 Quote  Post ReplyReply Direct Link To This Post Posted: 30/March/2012 at 01:45
Hi there,

I am under the same situation as yours...
I wonder how it went..?

So far I have found in my research that I might be able to apply for a waiver, but that's only when I could prove that I am under special circumstances,

or apply for sponsored visa offshore, as Northern Territory and possibly some other state allow sponsorship of my case- IELTS7, No experience, General accountant.

well, if I get IELTS8, I could apply for PR directly and can be applied offshore..

I know that the graduate visa of some engineering degree allow application from overseas.. but this is not my case.

I think the situation has gotten tougher to skilled migrants after the change of the scheme and I'm sure there are many people now who are going through similar situation as this...

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 30/March/2012 at 07:04
Okay, may need a really good Migration Agent. Lawyers are not necessarily the best to "professionals" to see about visas etc because DIAC is a law unto itself and the field is so highly spexed. I have a family member who is an agent but currently on a "task-force" and un contactable.

What little I know about this - not much except that it's a mine field - is that "regional centres" are easier for some visas and certain waivers apply. Apparently the whole of WA and NT are regional.

There is a book I've seen in my relative's office that is like the gospel for all migration issues. It is about 75mm thick and has a pale green cover and 3 authors - wish I could remember what it's called. Anyway it gives detailed instructions about all this and more - I'll see what it is called so you can order a copy from a major library.

Having said that; you are both Uni grads - how about visiting the Law Library and asking for some help from the librarian to source the references and case law that may apply in your own situations, Best of luck!
not legal advice

kaykim88 View Drop Down
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  Quote kaykim88 Quote  Post ReplyReply Direct Link To This Post Posted: 30/March/2012 at 09:15
Thanks so much for sharing your knowledge iconociast,

I will try the library research as well as applying for an waiver in the regional office in Northern Territory.

Do you think it will matter if my degree course was held in NSW and I end up staying in NSW after getting my waiver approved in NT?

Best regards,
Kay

iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 30/March/2012 at 11:30
Thaks Kay, I believe you can still stay in REGIONAL NSW and still get any benefits that might apply in your case but I confess I know next to nothing about all this except that it is jolly complex.

I refer you to the austlii website - you can find out about the basics on a post at the top of "General" issues. Also the Administrative Appeals Tribunal or AAT (C'th) is a good source of decisions. May take a bit of a trawl thru' but heck what's a few hours of your time compared to what else you may lose? Wishing all the best. Cheers
not legal advice

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