Annoisa Posted August 27, 2012 Share Posted August 27, 2012 Hi dear fellows!! i got following issues concerning my case lodged in august 2009. my lawyer did a blunder and send my form 1100 now after 3 years. An Immigration law matter involving subclass 475 Skilled – Regional Sponsored (Provisional) Visa DIAC is arguing that the nomination should be assessed under the guideline in place when Form 1100 is received. We argued that DIAC does not have any legislative basis for that assertion and they cannot apply the law retrospectively when there is no legislative requirement for the Form 1100. If anyone else got same problem please tell me how it was solved. because it is my agent's mistake so she is working hard on the issue. Any suggestions??? Annoisa Link to comment Share on other sites More sharing options...
Annoisa Posted August 27, 2012 Author Share Posted August 27, 2012 Hi dear fellows!! i got following issues concerning my case lodged in august 2009. my lawyer did a blunder and send my form 1100 now after 3 years. An Immigration law matter involving subclass 475 Skilled – Regional Sponsored (Provisional) Visa DIAC is arguing that the nomination should be assessed under the guideline in place when Form 1100 is received. We( my agent) argued that DIAC does not have any legislative basis for that assertion and they cannot apply the law retrospectively when there is no legislative requirement for the Form 1100. If anyone else got same problem please tell me how it was solved. because it is my agent's mistake so she is working hard on the issue. Any suggestions??? Annoisa Occupation: Recreation officer , Date of Lodg: August 2009, Visa class: 475, State sponsorship letter got in June 2009, Form 1100 submitted in July 2012CO waiting:( Link to comment Share on other sites More sharing options...
shijut20 Posted September 7, 2012 Share Posted September 7, 2012 Hi, You can have a discussion with State to know in case any off-list nomination possibilities available with regard to your application. Regards, Shiju Thomas Hi dear fellows!! i got following issues concerning my case lodged in august 2009. my lawyer did a blunder and send my form 1100 now after 3 years. An Immigration law matter involving subclass 475 Skilled – Regional Sponsored (Provisional) Visa DIAC is arguing that the nomination should be assessed under the guideline in place when Form 1100 is received. We( my agent) argued that DIAC does not have any legislative basis for that assertion and they cannot apply the law retrospectively when there is no legislative requirement for the Form 1100. If anyone else got same problem please tell me how it was solved. because it is my agent's mistake so she is working hard on the issue. Any suggestions??? Annoisa Occupation: Recreation officer , Date of Lodg: August 2009, Visa class: 475, State sponsorship letter got in June 2009, Form 1100 submitted in July 2012CO waiting:( Link to comment Share on other sites More sharing options...
Annoisa Posted September 11, 2012 Author Share Posted September 11, 2012 The answer i got from South Autralian Department for immigration is : In response to your e-mail, your State Sponsorship nomination was approved on 11 June 2009. You will be aware that the sponsorship approval had a validity period which was sixty (60) days and you were required to lodge the visa application with DIAC within that time AND to enter the TRN (or BCC) number into the Online Application System or provide Immigration SA with the TRN or BCC number. While a date for entry of the TRN number was not specifically indicated it would be expected that this will occur within a ‘reasonable’ period after visa application lodgement. Our records show that no TRN or BCC number were provided to Immigration SA and thus the Form 1100 (confirmation of sponsorship nomination) could not be sent to DIAC. You will also be aware that given the lapse of time in confirming state nomination, there have been several changes to the General Skilled Migration program such as: Two different State Migration Plan (SMP) lists have been implemented DIAC has determined that only occupations listed on the State Sponsored Migration List (SSML) will be eligible for visa grant " DIAC's Nomination Process" In relation to the receipt and processing of nominations DIAC advises that since 1 July 2010 the nomination process has been administered under the State Migration Plan (SMP) of each State and Territory as those plans came into effect. The SMP sets out occupations available for nomination based on State and Territory governments identifying which skilled occupations are in particular demand within their jurisdiction. The SMP also governs the nomination process. For a nomination to be accepted by the Minister the nominator must provide a Form 1100 directly to the department and the nomination must comply with the provisions of the SMP including that the nominated occupation be on the current SMP or the nomination is submitted as an "off-list" nomination for which a place remains available under the SMP. On receipt of the Form 1100 by the department a decision is made as to whether Minister accepts the nomination following consideration against the SMP in effect when the Form 1100 is received. While we understand that you had already lodged the visa application with DIAC, the changes stated above have had an impact on progressing applications and we appreciate that potentially, without confirmation of sponsorship (via Form 1100) the visa application could be refused,BUT DIAC have confirmed that an applicants nominated occupation must be listed on the sponsoring states/territories SMP in order for the nomination to be accepted, in this case the 2011-12 State Sponsored Migration List (SSML). As your nominated occupation of Recreation Officer is not listed on theState Nominated Occupation List (SNOL) – 2012/13 program year, hence, if Immigration SA were to complete a Form 1100, DIAC would not accept the nomination for the aforementioned reason. As requested by your agent, Immigration SA generated and sent the Form 1100 to DIAC on 19 July 2012 and as indicated previously, DIAC have not accepted the late State Sponsorship Nomination as your occupation is not currently listed on the State Nominated Occupation List (SNOL) – 2012/13 program year. DIAC have indicated that the only way the application would be accepted would be through the Off-List nomination provision. As you do not meet Off-List criteria, Immigration SA will not be utilising this provision for your application. Immigration SA acknowledges your disappointment and possible distress but under these circumstances, we are unable to accommodate your request. Immigration SA no longer has any input into the visa process and should you wish to discuss DIAC's policy/procedure for the acceptance of nominations then you would need to contact DIAC directly. Did anyone else know any solution it looks as if my application was already in air because my lawyer never sent them form 1100 within due time. what should i do? Link to comment Share on other sites More sharing options...
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