BSMQ Temporarily Suspends QUEENSLAND SKILLED VISA NOMINATION for Subclass 190 & 489

[Cerberus1]

BSMQ Temporarily Suspends QUEENSLAND SKILLED VISA NOMINATION for Subclass 190 & 489

April 10, 2017

Business and Skilled Migration Queensland (BSMQ) has temporarily suspended the acceptance of all applications for Queensland Skilled Visa Nominations under the State Nominated scheme Subclass 190 & 489, due to having reached their DIBP allocated ceiling.  BSMQ will advise shortly as to when the nomination process will reopen.

If you currently have a paid application with BSMQ that has not been finalised, you can either choose to:

1. stay in the queue to be processed once applications have been reopened OR
2. request a refund and your application will be withdrawn.

If you have submitted an EOI with Skillselect that has not been considered, your EOI is no longer valid and you will be required to resubmit an EOI once the application process has been reopened. Please note that there may be changes made to the Queensland Skilled Occupation list. Only EOIs meeting new criteria will be considered.

[ayda]

 oh gosh that puts a stick in the wheel. I'm new to this process (previously had PR visas but they lapsed). Do there tend to be time scales of when it will re-open or is it a case of how long is a piece of string?

[Nemesis]

3 hours ago, ayda said:

 oh gosh that puts a stick in the wheel. I'm new to this process (previously had PR visas but they lapsed). Do there tend to be time scales of when it will re-open or is it a case of how long is a piece of string?

If they've reached their allocated ceiling I'd hazard a guess at July 1st.

[doubter]

4 hours ago, ayda said:

 oh gosh that puts a stick in the wheel. I'm new to this process (previously had PR visas but they lapsed). Do there tend to be time scales of when it will re-open or is it a case of how long is a piece of string?

Wouldn't you better applying for a resident return visa then if you previously had PR visa? Much quicker, easier and cheaper than the above.

[ayda]

That would be great but I'm pretty sure too much time has lapsed since we validated. 

[doubter]

When did you validate and was that the only time you spent in Australa?

[ayda]

just found original grant email - july 2011. We validated some time in early 2012 with the intention of then moving but subsequent family illnesses and bereavements meant we couldn't make the move. edited - just found the flight booking - we left aus on Feb 10th 2012.

Edited April 14, 2017 by ayda

[doubter]

2 minutes ago, ayda said:

just found original grant email - july 2011. We validated some time in early 2012.

I had a visa grant Dec 2009  and left Australia November 2010 after only 9 months. I have managed to get 2 RRVs since from the UK done online by myself.One in 2015 and one recently but have not been back as yet to Australia since 2010.

Everybody's curcumstances are different and an application is only as good as the evidence you provide.The the sake of $360 for an application I would try that first rather than the complicated route you are trying. Is it just you who needs a visa or family as well?

[ayda]

Family also. My husband was on original grant, one child since then. Gosh, I assumed the '5 years' from date of Grant would be set in stone. Will look into that thank you!

[doubter]

2 minutes ago, ayda said:

Family also. My husband was on original grant, one child since then. Gosh, I assumed the '5 years' from date of Grant would be set in stone. Will look into that thank you!

Your husband can try first and if successful  then the rest of the family have to do their own application. You have give evidence on why you never went to OZ after validation and why you have not returned for so long.You have to show substantial ties to Australia. So a job offer or emails talking to a potential employer, that's what I submitted. Chances might be poor because you never lived there and it's been a while but what you got to lose  if you don't have other options. It will be the quickest and cheapest route. You were once a PR so you are eligible to apply for a RRV.

[Guest The Pom Queen]

Hi @ayda I agree with @doubter it's worth a go. Maybe have a chat with one of the agents on here and they will be able to tell you if it's possible.

If you have been physically absent from Australia for more than five continuous years since the date you were last granted permanent residence (i.e. for a New Zealand citizen, your last arrival in Australia before 1 September 1994) you must provide evidence that there was a compelling reason for your absence.

You do not need to demonstrate compelling reasons for your entire absence from Australia. There must however be compelling reasons for any absence(s) from Australia greater than 5 years duration. While this may involve demonstrating why you were unable to return to Australia at the end of an absence, equally it may be that you are able to demonstrate that an event or reason that occurred at the beginning, in the middle, or on several separate occasions throughout the period of absence resulted in a total period overseas that exceeded 5 years.

The term ‘compelling’ is not defined in migration law, so its ordinary (dictionary) meaning applies. The term compelling implies that the reasons for the absence should be forceful to the person concerned.

Key elements in this also include the amount of time you previously lived in Australia, intentions of returning to Australia to live and the amount of time you have subsequently lived in Australia. Ultimately the issue is whether a reasonable person, faced with the same set of circumstances, would have made the same decision.

Some examples of compelling reasons include, but are not limited to:

• severe illness or death of an overseas family member.
• work or study commitments by you or your partner that are of a professional nature, in circumstances where the acquired experience results in a benefit to Australia.
• You were living overseas in an ongoing relationship with an Australian citizen partner.
• You or a family member were receiving complex or lengthy medical treatment preventing travel.
• You or a family member were involved in legal proceedings such as sale of property, custody, or contractual obligations
• You were caught up in a natural disaster, political uprising or other similar event preventing travel
• You can demonstrate you were waiting for a significant personal event to occur that prevented you from relocating to or returning to Australia. The period of time for any such event would have to be reasonable in its context, for example:
  • a 12 month delay while waiting for a dependent child to complete their schooling or a tertiary qualification is likely to be a decision that a reasonable person, facing the same set of circumstances would make
  • waiting to relocate to Australia for several years until a dependent child completes their schooling or course of study would not of itself be considered a decision a reasonable person would make.

[ayda]

Our reasons were the diagnosis of terminal illness for one parent, then another. I have had a quick read about the RRV but will speak to an agent. Do you know if there are the same timescales for validation etc?

Another thought that makes me hesitate is that our original visa was state sponsored for South Australia. We now wish to settle in Queensland. I have read posts that say there is not a legal obligation with these visas but would have to check that out with the authorities. We still have just enough points to submit a general skilled application but I'm worried that my occupation may be removed in July. All depends on how quick invitations are issued, if at all!

 

[doubter]

11 hours ago, ayda said:

Our reasons were the diagnosis of terminal illness for one parent, then another. I have had a quick read about the RRV but will speak to an agent. Do you know if there are the same timescales for validation etc?

Another thought that makes me hesitate is that our original visa was state sponsored for South Australia. We now wish to settle in Queensland. I have read posts that say there is not a legal obligation with these visas but would have to check that out with the authorities. We still have just enough points to submit a general skilled application but I'm worried that my occupation may be removed in July. All depends on how quick invitations are issued, if at all!

 

If you can provide documented evidence for parents illness this will help with compelling reasons for absence from Australia.You basically need to attach a document stating your life story beginning to present of why you never went to Australia with any evidence that will help. Always good to speak to an agent but like I said for the sake of $360 I did it myself and the last RRV was granted in 5 days. Your main problem may be substantial ties to Australia. It's difficult to secure a job from the UK but emails talking to potential employers with possibilities may be enough,was for me. If you had PR you are still classed as one you only lost the travel facility.