关于职业认定部分,法规上原文如下:
The applicant must nominate a skilled occupation:
(a) that is specified by the Minister in an instrument in writing for this
item as a skilled occupation at the time of invitation to apply for
the visa; and
(b) that is specified in the invitation as the skilled occupation which
the applicant may nominate; and
(c) for which the applicant declares in the application that the
applicant’s skills have been assessed as suitable by the relevant
assessing authority and that the assessment is not for a Subclass
485 (Temporary Graduate) visa
这里我自己感觉,ACS的信件中不直接回答,说明过期的评估未必会影响EOI select,要是铁定受影响,它大可以直接回答,因为评估过期这种情况在EOI里应该不少见。
Thank you for your email.
I would advise you to consult the Department of Immigration as to whether it will still be accepted. If they require a new assessment then you may lodge a new application with us.
Let us know if you have any further questions.
谁知,移民局又犯了个错误,不是我为移民局鸣冤,而是说真的,天下有谁能写一本那么厚的书,而不出一点错呢?这本书的名字,就叫MIGRATION REGULATION 1994.
代理所周知,关于递签有效性的描述在S1里,885明确写到
(ba) If the applicant:
(i) is not seeking to satisfy the criteria for the grant of a Subclass
887
(Skilled — Regional) visa; and
(ii) has not nominated a
skilled occupation
specified by the Minister in an instrument in writing for paragraph
(bb);
the applicant’s skills must have been assessed by the
relevant assessing authority
as suitable for the applicant’s nominated
skilled occupation.
(bb) If the applicant:
(i) is not seeking to satisfy the criteria for the grant of a Subclass
887
(Skilled — Regional) visa; and
(ii) has nominated a
skilled occupation
specified by the Minister in an
instrument in writing
for this paragraph;
the applicant’s skills must have been assessed by the
relevant assessing authority, on or after 1 January 2010, as suitable for the applicant’s nominated
skilled occupation.
这也是我一直告诉大家的,递签885就需要职业评估结果的原因,大家注意,根据表述,申请人必须被授权评估机构评估为suitable,但是没有定义时间,表述失败,也就是说,即便以后失效了,也是曾经suitable,只要曾经suitable,以后职业评估过期,不过就是职业评估本身过期而已,这丝毫不影响申请人曾经被评估为suitable.
跟着在S2里885.222
(1)
The skills of the applicant have been assessed by the
relevant assessing authority
as suitable for the applicant’s nominated
skilled occupation.
Schedule 3—Amendments relating to skills assessment validity
Migration Regulations 1994
1 After paragraph 186.234(2)(aa) of Schedule 2
Insert:
(ab) if the assessment specifies a period during which the assessment is valid, and the period does not end more than 3 years after the date of the assessment—the period has not ended;
(ac) if paragraph (ab) does not apply—not more than 3 years have passed since the date of the assessment;
2 Paragraph 187.234(b) of Schedule 2
Repeal the paragraph, substitute:
(b) all of the following requirements were met:
(i) the applicant’s occupation is specified by the Minister in an instrument in writing for this subparagraph;
(ii) the applicant did not obtain the necessary qualification in Australia;
(iii) the applicant’s skills had been assessed as suitable for the occupation by an assessing authority specified by the Minister in the instrument for subparagraph (i) as the assessing authority for the occupation;
(iv) the assessment was not for a Subclass 485 (Temporary Graduate) visa;
(v) 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;
(vi) if subparagraph (v) did not apply—not more than 3 years had passed since the date of the assessment; or
3 At the end of subclause 189.212(1) of Schedule 2
Add:
; and (c) 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
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
4 At the end of subclause 190.212(1) of Schedule 2
Add:
; and (c) 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
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.
5 Subclause 485.224(1) of Schedule 2
Repeal the subclause, substitute:
(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.
6 At the end of subclause 489.222(1) of Schedule 2
Add:
; and (c) 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
(d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment.