175 Visa - applied in August 2008 Cat 5.....change to 176 worth it now?

[owensfamily]

Hi everyone, its a long time since I last posted, so long I've forgotten my account details and the email address I was using! Anyway I'd almost given up hope of ever getting a visa or getting our money back after applying back in August 2008, but yesterday I received an email from DIAC - probably a lot of people did as it was pretty generic but it basically directed me to the SMP program.

 

Since I haven't kept up to date with all the changes since late 2009, I had no idea what is was or the options available but on investigation it appears my job - ANZSCO 262113 is on the SMP list for NSW!

 

So the question is, is this a valid route i.e. apply for sponsorship, change visa to 176, move to cat 3 and get a visa within 12 months? or is it risky, its another $300 and since they had $2100 four years ago, then changed the rules and kept the money, is it possible they could do the same thing again? If you successfully get sponsorship do they have to change the 175 to a 176? Is it possible they will change the rules for 176 processing or are they trying to get through the backlog so they can move on the new Skill Select system? I know nobody can give definitive answers but has anyone any experience of doing this recently?

 

Thanks

Rob

[lebourvellec]

You should run your case past a registered migration agent - as things like your IELTS and skills assessments - might have ran out and affect your chance of getting State Nomination.

 

And the other complicatied thing is as 176SS visa ceases to exist - I am unsure if you can change this over, since 1 July 2012.

 

Skillselect applicants are getting priority over all applicants that applied Before 1 July 2012.

 

Maybe your only option is to start again - lodging an for a 190 visa - or wait out on 175 visa.

 

But there is nothing stopping you lodging an EOI for any of the Employer Sponsored Visas

[farrukh162]

Why did it so long for you to get any update from DIAC ???

Did you pursue your case once you started to process at first instance... Does that mean that the time lines given in DIAC site are fake & does not mean anything ... OR your case is the special one ....

Please elaborate for others knowledge ...

Thanks

[owensfamily]

Firstly thanks for the reply, this is the email I received -

 

I am writing to you concerning your General Skilled Migration (GSM) <subclass> application lodged on <Lodgedate>.

 

The Government recently announced 190,000 places for the 2012-13 migration program year. This includes 129,250 places for the Skilled Migration Program including Skilled Independent, Employer Sponsored, State and Territory Sponsored, and Skilled Australian Sponsored (Family Sponsored) applicants.

See: http://www.immi.gov.au/media/fact-sheets/20planning.htm

 

The Minister for Immigration and Citizenship has set new priority processing arrangements for skilled migration applications, which took effect from 1 July 2012. Information about the priority processing groups and the order of processing applications is available on the departmental website.

See: Priority processing groups and order of processing applications.

 

As at 1 July 2012, there were approximately 16,350 Skilled Independent cases representing approximately 27,600 applicants in Priority Group 5 awaiting allocation. As such, many Priority Group 5 applicants still face a considerable wait until their application is allocated to a case officer for processing.

 

You can follow the progress of GSM applications being allocated to case officers on the departmental website:

See: http://www.immi.gov.au/skilled/general-skilled-migration/estimated-allocation-times.htm

 

As you have not been nominated by a state or territory government, and your nominated occupation is not on the SOL in effect from 1 July 2012, your application is in priority group 5 for the purposes of priority processing arrangements

 

As your GSM visa application was lodged before the legislative changes made on 1 July 2010, you are eligible to seek a nomination from any state or territory government.

 

When seeking a nomination from a state or territory government agency you should consider whether your nominated occupation is listed on the current State Migration Plan (SMP) for your intended state or territory.

 

State Migration Plans commenced for all states and territories in late 2010 and early 2011, and list which occupations state and territory governments can nominate applicants under. States and territories have a limited capacity to submit nominations for occupations not listed on their State Migration Plan. These provisions allow states further flexibility in providing nominations which may be valuable in meeting shortages in very specialised occupations.

 

It is important to note that it is entirely at the discretion of the state or territory government agencies to nominate applicants and to submit nominations of their choosing to the department. Once a nomination of their choosing is received by the department, it will be considered and the nominating agency will be informed of the decision.

 

If you are able to obtain a state or territory nomination, and meet the other eligibility requirements, you should email a completed Form 1022 to gsm.documents@immi.gov.au notifying GSM of a change to your visa application category. Your visa application category will change once your nomination has been submitted to the department by the state or territory government and approved.

 

You may also wish to consider alternate visa options including:

- considering your eligibility for an employer sponsored visa, which would require a new visa application

- submitting an Expression of Interest (EOI) for another skilled migration visa through SkillSelect

Information about SkillSelect can be found on the departmental website.

See: http://www.skillselect.gov.au

 

You can withdraw your application at any stage during processing if you no longer want to be considered for the grant of this visa. Information on how to withdraw an application, along with other information for applicants who have already lodged a GSM application, is available on the departmental website. Applicants who do not wish to continue their application and withdraw for this reason, are not eligible for a refund of the visa application charge.

See: http://www.immi.gov.au/skilled/general-skilled-migration/lodged-information.htm

 

Further information on the processing of priority group 5 applications is available on the departmental website:

See: http://www.immi.gov.au/skilled/general-skilled-migration/gsm-priority5-processing.htm

 

To me it doesn't make sense for DIAC to suggest applying for SMP if 176SS are being phased out unless they are trying to clear the backlog of 175 by getting people to transfer, I'd forgotten about the assessments only being valid for a set period, think it was two years but I'll have to check so that would mean they have ran out and I not prepared to spend more money getting re-assessed, I have emailed the NSW business and investment departments to see what they say, if its not an option then I guess I'll just have to hope they process the 175 or cancel it and return the money - if they are phasing those visa out they cant keep people hanging on forever! Worse case scenario, my wife qualifies as a nurse in 12 months so we could always go that route.

[topgun123]

any update on this i have same case even i have lost hopes in 175 they say my cat is 5 and have to wait wait and wait. Since i applied on 27th Jan 2010 i am eligible for SS but my ACS and IELTS were got expire also my occupation is Systems manager and its available in NSW. But i dont know if i can take ss as i have advanced my career from system manager to project manager it projects so risk in re-accessing my skills as well. Any way out of advise from my fellows on the forum.

 

Thanks,

Maverick