As a prime example about how wrong the DIBP can get things at times, one only has to look at the current stuff up by the DIBP regarding the 485 visa, in particular the Graduate Work Stream.

From the 1st of July 2014 the 485 visa regulations were amended.

The current regulations state;

485.223

[485.223]   When the application was made, it was 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.

485.224

[(1) repealed/substituted by MLA(2014MNo.1)R 2014 with effect on and from 01/07/2014 - transitional/application see Sch 13 3102 - LEGEND note]

[485.224] (1) At the time of application:

(a)   the skills of the applicant for the applicant's nominated skilled occupation had been assessed by a relevant assessing authority as suitable for that occupation; and

(b)   if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment - the period had not ended; and

(c)   if paragraph (b) did not apply - not more than 3 years had passed since the date of the assessment.

[485.224] (2)     If the applicant's skills were assessed on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course.

When you read 485.224(1)(a) you can see that it requires at the time you lodged the visa application, a suitable skill assessment, meaning the final positive skill assessment has been obtained, not just evidence you have applied.

This of contradicts 485.223 which only requires evidence of skill assessment lodgement, not the final result.

It would seem that on the 1st of July some bright spark at the DIBP has inserted the wrong regulation in to the 485 subclass.

However this regulation is the current law and we advise all 485 visa applicants who need to use the Graduate Work Stream of the 485 visa and don't hold a skill assessment result, hold off lodging your application if you can until this is sorted. Contact the DIBP and ask them or seek independent legal advice on this issue.

Today we checked the current DIBP online form for the Graduate Work Stream 485 visa and found this. It says quite clearly;

"You must provide evidence of a suitable skill assessment from the relevant authority, or evidence that you have booked to undergo a skill assessment with the relevant authority when you lodge this application."

What a fine mess this is. The online form clearly indicates evidence of skill assessment application is enough to apply.

We will keep you posted and what the DIBP have to say.

A thank you to Liana of Migration Alliance for pointing this out to Migration Agents.