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19/03/2021

Case Study: How to avoid a 485 visa rejection – 485 Visas Not Always As Easy as Apple Pie!

case-work-visa-485

Lily came to Australia to study in 2013. After she completed Certificate, Certificate IV in Commercial Cookery, Diploma of Hospitality Management, Diploma and Advanced Diploma of Communication and Marketing, she applied for a Temporary Graduate Work Visa (485).

Dept. Immigration case officer requested “Evidence that study undertaken is closely related to nominated occupation”

Provide evidence that the Advanced Diploma of Communication and Marketing used to satisfy the Australian study requirement is closely related to your nominated skilled occupation as a Chef. This may be in the form of a statement explaining how the skill set(s) underpinning the qualification are directly transferable to your nominated skilled occupation in both subject matter and level of qualification.

Smart Choice Education & Migration’s registered migration agent provided a comprehensive submission to the case officer outlining the reasons why Advanced Diploma of Marketing and Communication course is related or closely related to nominated occupation as a Chef. The agent also quoted from a recent Federal Court case stating that “that it is not necessary that the studies enable the applicant to gain all, or even a substantial portion of the skill set of the nominated occupation, or that the degree or diploma that is gained through the course be a prerequisite to being qualified to engage in the skilled occupation. All that is necessary is that the skills that are gained through the Australian study must be capable of being used for more than a small part of the skilled occupation.

This indicates that NOT ALL of units of a particular course need to be closely related BUT more than a small part of the course will enhance the skill set(s) of the underpinning the qualification is directly transferable to nominated skilled occupation

This submission was sent to Immigration case officer and eventually our client was granted her Temporary Graduate Work Visa (485)

Smart Choice Education & Migration’s registered immigration agents provide the best immigration and education consulting services in Australia. With combined decades worth of experience and knowledge, our team of immigration agents can work with both individuals and Immigration case officers to secure the best outcome for your visa needs.

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