# Skilled – Independent (Residence) Visa (Subclass 885)



## jiser911 (Apr 5, 2012)

Hi,

I want to apply for subclass 885. I've previously completed two semesters at UNSW and gained the *Master of Commerce* degree. Currently i'm in my second semester at uts studying *Master of IT*. After the second semester I'm eligible for a Graduate Degree in IT. If I do another semester i'll get the master. The Australian study requirement in order to waive the skilled experience is that you have completed two years of study closely related to your nominated degree. Since by the end of this semester i've done both IT and commerce I think it would be best to nominate ICT business analyst.

The problem is however the following. I'm pretty worried about the coming SkillSelect. Maybe i'll do an EOI and they're not going to select me. At the 18th of JUly I'll get the results of this semester. Only then i can do the skills assessment thing. I was thinking, is it possible that I can just apply for 885 on the 30th of June and then just send in the results of the skilled assessment later? Somewhere on the immi website i read that you can also just also give proof that you made an application at the assessing authority. So can i just do that? Just apply at acs and pay their fee and send in the documents later? They say on their website:
"Your application will be put on hold until we receive a copy of your signed online ‘application record’, the email acknowledgement with the reference number, proof of application fee payment and all required certified documents. "

With the 885 they say:
"You must obtain a positive skills assessment for your nominated occupation before you lodge your application for this visa."
immi.gov.au/skilled/general-skilled-migration/885/eligibility-occupation.htm]Skilled – Independent (Residence) visa (subclass 885)

but with the 485 they are saying:
"At the time of making your application, you must have applied to have your skills assessed by the relevant assessing authority for your nominated occupation. This is an evaluation of your qualifications to make sure that you are sufficiently qualified for your nominated occupation."
immi.gov.au/skilled/general-skilled-migration/485/eligibility-skills-assessment.htm]Skilled – Graduate (Temporary) visa (subclass 485)

Is the 485 a route to avoid the SkillSelect thing?


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## Tgupta (Apr 10, 2012)

As seen from immi (immi dot gov dot au slash skilled slash general-skilled-migration slash pdf slash points-tested-visas.pdf )

"Phasing out of existing points tested skilled migration visa subclasses:
•From 1 July 2012, points tested skilled migration visas granted outside Australia (subclasses 175, 176 and 475) will be closed for new applications
•From 1 January 2013, points tested skilled migration visas granted in Australia (subclasses 885, 886 and 487) will be closed for new applications."

It seems onshore applicants have 6 months more than off-shore guys to apply for PR without EOI?


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## jiser911 (Apr 5, 2012)

Yessssss This might actually be true. At 

immi.gov.au/skills/skillselect/]Skillselect

under "If you are in the transitional group"

it says:

"If you are in the transitional group, you will not be affected by SkillSelect. You will still be able to apply for a skilled visa under the existing arrangements until 31 December 2012."

Then if you click on "transitional group" it will take you to:
immi.gov.au/students/news/2010/international-students.htm]Students - Transitional Arrangements for International Students

There is says it says:
"In February 2010, the Australian government announced a number of changes to its Skilled Migration program. These changes included the withdrawal of the Migration Occupation in Demand List and the introduction of a new Skilled Occupation List.

The changes included generous transitional arrangements which have been extended to current and former students. These transitional arrangements are in place until the end of 2012."

You would however need to have been on a student visa from 8 February 2010. See the document at immi.gov.au/students/_pdf/recent-changes-gsm.pdf

"They also allow anyone who held a qualifying Student visa when the changes were announced on 8 February 2010 to apply for a Temporary Skilled Graduate visa (Subclass 485) on the basis of the old Skilled Occupation List. Qualifying student visas are subclasses 572, 573 and 574."

So I reckon we can then apply for the new skilled list without the EOI!


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## Tgupta (Apr 10, 2012)

Hi mate,

I am very clear with your situation. To apply for 885, you must have a positive skills assessment *in hand* while for 485, you just have to provide evidence that you have applied for assessment (not yet receive assessment result).

If you held a student visa on Feb 2010, you are allowed to apply for a Temporary Skilled Graduate visa (Subclass 485), not 885. 

Hope that I am wrong:confused2:


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## jiser911 (Apr 5, 2012)

Yes you are right, check:

immi.gov.au/students/8-feb-students.htm

Coming back to your first comment, look at this!
"People eligible to lodge an application for a subclass 885 visa will be able to do so until 31 December 2012 using the current application process, and will also be able to submit an EOI for one of the new visa subclasses under SkillSelect from 1 July 2012."

migrationblog.immi.gov.au/2012/03/30/new-visa-subclasses-announced-on-the-skillselect-website/


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## Tgupta (Apr 10, 2012)

The keyword in what you have underlined is *ELIGIBLE*. It seems for those who had or was applying for 485 on Feb 2010, not those held student visa.


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## jiser911 (Apr 5, 2012)

Mmmmmm Maybe... Maybe we just have to wait till more closer to 31 July to see what the rules are....


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## jiser911 (Apr 5, 2012)

I got the answer! It appears you can just still apply for 885 without skillselect until 1 january 2013! Check

Hi Kelvin,

Thanks for your questions.

You’re right in saying that if you meet all the requirements, you’ll still be able to apply for an 885 visa after 1 July 2012 and up to 1 January 2013. This is the case for transitional applicants and for non-transitional applicants. The 885 visa regulations will not change on 1 July 2012, so if you do apply for this visa before 1 January 2013, you will still need to meet the same basic requirements for it that you do now. For non-transitional applicants, this includes things like having to nominate an occupation on the Skilled Occupation List current at the time of application.

More information about the 885 visa, including eligibility requirements, can be found at these links:

immi.gov.au/skilled/general-skilled-migration/transitional/885/ (for transitional applicants)

immi.gov.au/skilled/general-skilled-migration/885/ (for all other applicants)

Source:
migrationblog.immi.gov.au/2012/04/24/changes-to-points-tested-skilled-migration-visas/#comments


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