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Is 489 the new 475


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After having a relative (daughter) being caught up in the Cap and Cease 475 visa debacle after approx 7 to 8 years of false promises and lost money, it appears the new 489 is exactly the same visa. Why then, were the 475 applicants not automatically offered a place on the 489 if their original application still met the criteria.

Our daughter now wants to apply again and has been advised to go for the 489. How can we be sure that the 7 months processing time doesn't get blown out to 7 years again and she loses thousands of dollars a second time. Are there any guarantees with this visa?

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There are no guarantees with any visa application.

Under the new system - Expresion of Interest followed by a visa application (if invited) applicants can still lose the money they have paid for skills assessments, English language tests, professional advice and ancillary costs if not invited. 

From the Migration Agents Code of Conduct:

2.14A
A registered migration agent must not represent that he or she can procure a particular
decision for a client under the Migration Act or the Migration Regulations.

From my service agreement:

27    You agree that you have been advised that no person associated with Pinoy Australia Proprietary Limited plays any part in processing visa or other applications and you have not been promised that a favourable decision will be secured.

 30    Various authorities, including skills assessing authorities and Australian immigration, do not refund charges for unsuccessful applications and only under special conditions for withdrawn applications. If you believe a refund is due, it would be up to you to pursue recovery of fees paid on your own behalf.

One of the reasons given for refusing capped victims was that if they were not on the SOL they would have trouble finding work in Australia. I had one victim who had been working in Australia in a skilled role for more than a year and would have walked into a job.

Notwitstanding the above, I recovered the visa application charges for all my 'capped an ceased' victims.

 If you want me to assess your case, go to my website: pinoyau.com and use the contact form.

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