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

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 viza 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.

It is mentioned in the decision letter that your last qualification obtained in overseas was in 2016. 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 lodgement, there is a chance to win at AAT.

Question-5 M. Chaudhary

Dear Sir,
I have done PG Diploma, MBA from Australia. We applied for RSMS through a Melbourne based employer. My case was refused due to employer’s fault and neither he didn’t inform us on time nor we could check online status. We had two months overstay after refusal , when we came to know about that we went to immigration department and they granted us one month visa after explaining the situation. We left Australia in September 2017. Now i am working as a Marketing Manager approximately for one year. What are my options to Australia again.
Ans: As you have overstayed for more than 28 days in Australia, normally you would have a ban from returning to Australia for up to three years, ie, re-entry ban. During this period, you may not be eligible for applying most of the temporary visas to Australia.The Department of Home Affairs can waive the re-entry ban in certain circumstances.

However, this restriction is not applicable for applying Permanent Visas in the three-year exclusion period.

The occupation, Marketing Manager, is an eligible occupation for permanent visa is subclasses 187 (RSMS) and 190. As you have one-year experience only, you are not eligible for RSMS visa. To get subclass 190 visa (Skills Select) nomination, you must satisfy the requirements and conditions of the participating states.

You may note visa history is considered when applying for an Australian visa, and if you have breached the conditions of your visa or overstayed your visa the risk of refusal is high.