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Guest AVALSHARMA

Further Guideline for ACT SPONSORSHIP after refusal letter

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Guest AVALSHARMA

Hello All,

 

I have got email from ACT Specifying the refusal of application due to insufficiant individual funds. They mentioned in their letter as follows:-

 

"ACT Government sponsorship criteria require the applicant to have a minimum $20,000 in personal liquid assets and $10,000 for each dependant. The documents you have provided in your name total an amount of approximately A$6,800. The other financial documents you have provided are in various family members’ names, which is not acceptable. We do not take into consideration declarations of family financial support.

 

I am satisfied that you have not provided sufficient funds in your own name and therefore I am not satisfied that you will have enough personal assets to support yourself in Canberra whilst you seek employment."

 

I have funds to show but I want to know whether it is final decions or there is a way to change the outcome by appeal of sending again a new fund statements to ACT.

Is there any other alternative to solve this problem.

 

Please help me i am very much upset due this refusal.

 

Thanks in Advance.

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Guest threespire

Sorry you've had this refusal, and I can't help with your query either sorry. Just wondered do all states have this clause about assets in or just ACT? Haven't looked into that yet?

 

Also does it have to be money you have currently or would have once house sold etc.?

 

Good luck with your application and I hope you can appeal?

 

Kirsty

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Guest threespire

HI again,

 

I have just found teh following for you on teh ACT website :

 

Documentary evidence to support current personal financial status. Main applicants

should have at least A$20,000 in transferable assets, with A$10,000 for each

additional dependent family member.

 

 

If you have less than the required amount of transferable assets, you must

 

 

provide a statement justifying your ability to support yourself and any

dependents while becoming established and finding employment in the ACT.

The statement must include evidence of research into the cost of living in

Canberra, with an estimated budget e.g. rental accommodation, transport,

 

 

electricity, gas and food.

 

It doesn't state anything about appeal, but maybe you could try and use this info instead?

 

Good luck!

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Guest AVALSHARMA

Yes I will try to serch the cost of living and prespare a document to satisfy the ACT Govt. that how i will survive there. But will they accept my statement after refusal or not this is penicing me. But This is not the issue. I have funds to show but will they consider now after refusal. This is the big question. Would they change the out come or not.

 

Thanks

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Guest Gollywobbler

Hello Aval

 

Mmmmmm. What a mess.

 

How much money/assets needs to be proven? Presumably you are married? If so, how many children do you have, please? What is the actual figure that we need to prove, in other words? For you, your wife and two children the total needed would be $50,000. $60,000 if you have 3 children and so on.

 

The ACT Guidelines are here:

 

http://www.business.act.gov.au/__data/assets/word_doc/0020/117425/176_Visa_Sponsorship_Guidelines.doc

 

The relevant section, on Page 5, states:

 

Documentary evidence to support current personal financial status. Main applicants should have at least A$20,000 in transferable assets, with A$10,000 for each additional dependent family member.

If you have less than the required amount of transferable assets, you mustprovide a statement justifying your ability to support yourself and any dependents while becoming established and finding employment in the ACT. The statement must include evidence of research into the cost of living in Canberra, with an estimated budget e.g. rental accommodation, transport, electricity, gas and food.

 

 

According to the ACT, the whole of the $50,000 or however much is required must be in the form of assets which are (a) transferable and which (b) belong to you alone. The Guidelines go on to say that if you cannot prove a sum which is equal to or higher than their minimum then you must include a statement explaining how you would support your family when you first arrive. Did you include such a statement, demonstrating that you know what it would cost to rent a suitable property in Canberra, what the outgoings on it would be, what the family's weekly food bill would be, what you intend to do about transport and what that would cost, and so forth?

 

The ACT people have made no reference to any statement from you about this. Does this mean that you did not include one?

 

The other financial documents you have provided are in various family members’ names, which is not acceptable. We do not take into consideration declarations of family financial support.

 

Which family members are they talking about, please? Do they mean that you demonstrated that your wife and children each have assets of their own? Or do they mean that you have offered them assurances from Uncle John and Cousin Harry - who probably don't even live in the ACT themselves - promising that they will support you and your family if need be? If the latter, it is not acceptable and the ACT are quite right because neither you or they can enforce voluntary promises of this sort, made by third parties who have nothing to do with your visa application.

You must think long and hard about this, Aval. If the truth is that you cannot afford to move your family to Canberra then so be it. If you genuinely can afford this move and genuinely have the level of assets they require, in your own name, then why did you fail to declare them in the first place?

Their website does not say that you cannot try again but you would have to make a whole new application to the ACT. You are not disputing the conclusions which they have reached based upon the information which you provided the first time around.

However if you make a second application to the ACT, be very aware that they are now going to be deeply suspicious of you and they will not believe that you have the necessary assets unless you produce incontrovertible, independently verifiable PROOF that you own them, plus a satisfactory explanation for your earlier decision to conceal their existence. They are not likely to believe that a professional Systems Manager is a naive, incompetent, less-than-bright clown. They are more likely to suspect that he is a liar. Tough but true, I am afraid, particularly since you are from a "high risk" country.

I think that any new application by you would have a much better chance if you instruct George Lombard to deal with it for you because the ACT people know George and they know that he would not allow you to claim ownership of assets unless you have first proven to George that those assets exist and that they belong solely to you.

It would be better for you if George fields any awkward questions from them on your behalf too. He wouldn't be panicked in to trying to give them snap answers. You would be. George could tell them, "I will take my client's Instructions" and get rid of them, to give you some breathing space in which to think carefully and calmly.

Additionally, George was born and raised in the ACT and lived there till about 10 years ago. You have never even been there. He has a much better idea than you have about what it actually costs to live there and what sort of ideas about how to survive in the place would be realistic and which ones would not be.

George Lombard's website is here:

 

Visa Info | George Lombard Consultancy Pty. Ltd.

 

Best wishes

 

Gill

 

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Guest Gollywobbler
Sorry you've had this refusal, and I can't help with your query either sorry. Just wondered do all states have this clause about assets in or just ACT? Haven't looked into that yet?

 

Also does it have to be money you have currently or would have once house sold etc.?

 

Good luck with your application and I hope you can appeal?

 

Kirsty

 

Hi Kirsty

 

The issue that all the States worry about is that a new migrant to Oz is not entitled to claim anything from Centrelink (social security) during his/her first two years in Australia:

 

Special Benefit

 

It does say sternly that inability to get a job will not result in a Special Benefit payout.

 

The various State Governments all have their own ideas about what it costs for a family to live in their State without job-income. The ACT reckon the cost of living there is quite high. It could be that it is on a par with Sydney - I don't know because I've never been to Canberra.

 

The NT Government reckon that the cost of living in the NT is high as well. I would believe that because everything that the NT cannot grow, rear or dig up itself (eg petrol) has to travel several hundreds of miles to get to the NT. Also the Top End is a swamp during the Wet, which lasts from November till March. A self-employed brickie in the NT probably can't do very many days' work during the Wet so he would need a good cash cushion if he migrates to the NT at the start of the Wet, when there is not so much casual, tourist-trade work about either, nor in the mines (all because of the Wet.)

 

A bricke in WA can rely on having suitable weather to work in for more days in the year than he would actually want to work for, the tourist work is constant, so is mining work and so forth. They therefore seem to be fairly relaxed about how much initial capital is required.

 

I don't know what SA, VIC and TAS reckon without looking them up but they do all give a clear indication on their website. (I think SA say $25,000 for the main applicant and $5,000 for each secondary applicant but I would need to check their website to be sure.)

 

Best wishes

 

Gill

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Guest threespire

Gill thankyou again.

 

Regardless of amount, do you know if you have to have the money sat there in teh bank when you apply for state nomination, or is it ok to explain how much money you will have available to take with you once you have sold your house etc.

 

For us personally we would not have an awful lot to show at the time we would be submitting our nomination application, however, with the house sale, cars etc. we anticipate having approx. $130,000 to take with us. If you are able to demonstrate that you will have funds to move over with is that accepted as ok?

 

Look forward to hearing back from you and thankyou so much your help is invaluable,

 

Kirsty x

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Guest michelle in Havant

Hi Aval

 

We have applied for ACT sponsorship. We had to supply a letter from our bank stating what our savings are, and we had to write a financial statement listing the assessts we had to sell and how much they were approximatley worth. The ACT are very strict with regard to the financial side of things, if you own a property and intend to sell it to raise the funds, you have to prove how much equity is in the property, i.e. letter from mortgage company stating how much is outstanding on the mortgage and valuation letters from estate agents.

 

We also had to write a statement explaining why we wanted to go to ACT, and we had to show that we had researched rentals, food prices, utilities and property tax etc, and we had to state where we had found this information (what websites, online newspapers).

 

We are using Cheryl from Bird migration to help us with this. She is based in Australia and has been excellent. I don't think we would have been able to lodge it correctly without her as they seem to be really strict. As Gill suggests I think it would be best for you to lodge a new application using an agent as they will know exactly what is required at the outset!

 

Good Luck!

 

michelle x

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Guest AVALSHARMA

Thanks everybody,

 

Let me clear some points then you can suggest be better.

First of all I am single never married of 27 years.

Transferable amount to show was ONLY $20000 as I have no dependent member.

The other members they questioned are my father and mother who are always ready to transfer their money to my account at any time. As I belong to INDIA I also give all my earnings to my Mother. But unfoutunately I didn't do that before applying the State Sponsorship.

It doesnt matter here in which account she deposited.

I haven't include any statement justifying the cost of liviing there as by mistake I had in my mind that They demanded Commulative total of $20000 including my Mom Dad. (Big Mistake). But $20000 in not an issue But the problem is Could it be justifiable after this decion letter. How much time I have to do it? Or I must apply new application as my code 2211-31 is not sponsored by any other state.

Other question is If i got job offer letter from ACT Company will it work for me ?

What are the other alternative i didn,t included in my writing here to solve the issue.

 

Thnks all for kind help.

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Guest Gollywobbler

Hi Aval

 

I think you will have to start again with a new application and another $275 payment because it looks as if the ACT are justified in refusing your application in view of your including money held by Mum & Dad plus failing to supply the Statement required by the Guidelines.

 

If you insist on having another go by yourself, without obtaining some competent help from an experienced Agent, you will be taking an unnecessary risk about whether you might get the whole thing wrong again, this time in some other way, but that's up to you. I have told you that I think you ought to get professional help. The choice now rests with you.

 

If you insist on gambling, I think the best thing you can do is as follows:

 

1. Prove not less than $20,000 in your own name.

 

2. Provide the Statement that you should have provided the first time as well.

 

3. Do a detailed Statutory Declaration explaining your custom of giving your money to your mother. Explain that it is your money but that she holds it in trust for you (and explain why. This practice may be the custom in India but it is not the custom in Australia and the Australians are the people you have to try to convince about this, not your own countrymen.) Explain that you have arranged for the capital from your trust fund - which always was your money - to be given back into your possession.

 

4. Send a covering letter as well, with a grovelling apology for making such a mess of your first application because you did not read teh Guidelines properly (if, indeed, you read them at all.....) Tell them how sorry you are for having to trouble them twice when you now realise that that could have been avoided.

 

5. Michelle has very kindly provided you with a detailed description of all the things their Agent got them to do in connection with their own application to Canberra. Read Michelle's description carefully and do all the same things as she has done.

 

6. Study the Lonely Planet Guide.

 

Canberra Travel Information and Travel Guide - Australia - Lonely Planet

 

It is a good source of information about where to find cheap accommodation etc. Also, it is the sort of reference guide that a single man of 27 who is on his way to Canberra for the first time would be likely to study and use.

 

Additionally:

 

Business and Industry Development - Skilled and Business Migration

 

Read every word on the above website with the greatest of care. Follow every single link that it provides and read all of those carefully too. Otherwise the next thing they will fail you on is that you are clearly not serious about moving to the ACT because your application demonstrates that you have not bothered to do any research into what it is like to live in the ACT and have not bothered to discover what it would cost you to live there.

 

How do you propose to get to work in the CBD from wherever a reasonably-priced place to live would be? What would it cost you to get to work every day? What do you expect to pay for rent & utilities on a one bedroom property or in a shared house? What do you expect your weekly food bill to come to? All that sort of information must go into your Statement, just in case they do not believe that what you say is your trust fund is not genuinely your own money. If they stick with their $6,800 then you have to PROVE how a single man of 27 can manage on much less than $20K until he manages to find himself a job and somewhere settled to live. Remember that the officials have sons and daughters of your own age, also living in Canberra. They know what the cost of living is for their own offspring. You have to prove that you know this as well.

 

You have to STOP being impetuous and careless about this, my friend.

 

Best wishes

 

Gill

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Guest AVALSHARMA

Thanks Gill,

I will follow the same path you enlighted. Let me know you that my application was prepared and applied by an agent. I don't want to mention her name who have done all so carelessly but anyhow lets hope for the best next time. Agent must selected with due care. But i will try to convince them once because all other requirements are fulfilled. If they didn't change their decion I will apply again with all the learnings from the first time. I am feeling roughed by agent I specified to her but she argue and did according to her own. Anyhow EVERY TIME IS NOT YOUR TIME. Thanks for reply.

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Guest Gollywobbler
Thanks Gill,

I will follow the same path you enlighted. Let me know you that my application was prepared and applied by an agent. I don't want to mention her name who have done all so carelessly but anyhow lets hope for the best next time. Agent must selected with due care. But i will try to convince them once because all other requirements are fulfilled. If they didn't change their decion I will apply again with all the learnings from the first time. I am feeling roughed by agent I specified to her but she argue and did according to her own. Anyhow EVERY TIME IS NOT YOUR TIME. Thanks for reply.

 

Hi Aval

 

I am appalled to hear that an Agent has let you down so appallingly. Is she a MARA-registered Agent?

 

Migration Agents Registration Authority

 

If she is, the MARA complaints procedure is here:

 

Migration Agents Registration Authority

 

Whether or not she is MARA registererd, you should also complain to DIAC about this. You can do so by e-mailing agents@immi.gov.au Nothing will ever be done about preventing shonky agents from practicing - there are defective Registered Agents and there are some first rate unregistered Agents - unless the public complain to DIAC every single time one of these people lets one of you down.

 

The Agent should pay the new $275 fee to the ACT and I would insist that in the circumstances she writes the grovelling letter to the ACT, admitting to them that her own incompetent negligence has damaged your chances of securing sponsorship from the ACT. I would also tell her in no uncertain terms to get George Lombard to help her with it and to pay his fees for doing so herself. She can treat it as a valuable learning experience and she can learn from a senior agent who knows how to do it properly.

 

I would be incandescent with rage if somebody took my money and then let me down so abominably.

 

Good luck, my friend.

 

Best wishes

 

Gill

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Guest AVALSHARMA

Thanks Gill,

Today Monday I am going to talk her lets see what excuse she gives for failure and what alternative she sugests further. The ruining thing for me is that my assessment validation has been expired last month. Though my visa file for 176 visa is in waiting list I still in tension that whether there must be new assessment copy required for reapply of State Sponsorship Application. I am going to discuss all the issue. It is very penicing and harrasing situation for me. I just want to get rid of It. Plz pray for me.

 

Thanks everyone.

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Guest AVALSHARMA

Today I discuss all the issues but she demanded more time to consult wit senior adv. in Australia. The suggestions by the Gill was given due importance. But I think Some time must be given to prepare all the documents to satisfy ACT Officials.

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Guest Gollywobbler
Today I discuss all the issues but she demanded more time to consult wit senior adv. in Australia. The suggestions by the Gill was given due importance. But I think Some time must be given to prepare all the documents to satisfy ACT Officials.

 

Hi Aval

 

Who on earth are you using that this woman is apparently not competent to deal with your affairs properly without consulting a superior in Australia? Is she or is she not a MARA-registered Agent and where is she, please?

 

Migration Agents Registration Authority

 

If she had prepared the documents properly in the first place, you would not be in the soup now, my friend.

 

Does she actually know what the situation is with the ACS or is she relying on incompetent guesswork about that as well? Have you checked the ACS website yourself?

 

Best wishes

 

Gill

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Guest AVALSHARMA

Yes she is MARA registered AGENT,

She not admited her mistake but she realised that.

Now she is taking all the factors I have metioned in my previous post like expiry of Assessment Result, 7 month of Visa Application when applied

and all other aspects and factors to design a better and solid strategy which could ultimately lead to success.

Lets hope for the best.

I will write you about that as I got from her I will discuss with you then i will permit her.

But One thing I fear Will they accept directly the justification fronm ourside or There is legal way to appeal. How much time I have to file the explanation as there is nothing mentioned on the web site.

 

 

Thanks Gill

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Guest AVALSHARMA

Today I got information from the agent that the ACT will consider my application again without depositing fee again. We have to submit fund statements and other documents as the gill specified is earlier post. Goods news is this that they have given chance to be consider again

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Guest Gollywobbler
Today I got information from the agent that the ACT will consider my application again without depositing fee again. We have to submit fund statements and other documents as the gill specified is earlier post. Goods news is this that they have given chance to be consider again

 

Hi Aval

 

Excellent news. I suggest you prepare and submit the Statement as well. They can bin it if they don't need it but don't allow your Agent to risk another ACT refusal. They might refuse the application if your skills assessment is no longer valid, by the way, so make sure that this dopey Agent of yours sorts that out first if necessary. Such a useless Agent would not be acting for me and that is all there is to it, my friend.

 

Best wishes

 

Gill

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Guest AVALSHARMA

Hi Gill,

 

We are planning and focusing on the same. May this time there will be no blunder. Hope we will complete the documents soon and there will a positive result.

 

Thanks Gill

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Guest lakmal

Hi All,

Im a newbie and facing a similar issue. I'm trying to get ACT sponsorship and understand that I need to show at least AU$ 20,000 and if less, show a statement (a budget ) how I will support myself until I find a job.

I have a vehicle (worth around 10,000 ) and a property (worth around 50,000) which I'm planning to sell when I get a the visa. I have around AU$ 4500 in bank accounts

My questions are

1. Can I get a value statement for both the vehicle and the property and include the value in my application?

2. As for the cash, will a statement showing current balance is sufficient enough or do I need provide statement history?

You advice is very much appreciated

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Guest AVALSHARMA

Hi lakmal

 

I must say one thing that it is the best option to show $20000 on your personal account. It may be in the forms of FDs, or other kind of liquid assests. But the amount $ 4500 is very much low. Well you can also submit a statement justifying that how you will survive there, how your have reserched the cost of living there. I am now transfering all my savings in one account to submit the statement to ACT. It is risky process to give justification in case you have $ 4500 is even less than 25% of the money they need to have with an applicant. About you property it may be a good option ut i am not sure about it. So before applying you must satisfy all the conditions required by the ACT Govt as it is of worth impostance to you and your visa.

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Guest AVALSHARMA

Hi Gill and everybody,

 

I like to thank you all who have supported and guided me well to got my sponsorship approved from ACT. I am very happy now. Though it took long time to finalise but all is well if it ends well. There was no fee paid again just prepared my new statements on my name and and applied with new application with referrence to the old application. I am now just waiting for the allocation of case officer. A copy of approval with a form i guess 1100 had been sent to DIAC. Could someone guide me what is next and how long i have to wait for the finalisation of VISA application.

26th of june was a big day for me.

 

Thanks to everyone again:laugh:

 

AVAL

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Guest Gollywobbler
Hi Gill and everybody,

 

I like to thank you all who have supported and guided me well to got my sponsorship approved from ACT. I am very happy now. Though it took long time to finalise but all is well if it ends well. There was no fee paid again just prepared my new statements on my name and and applied with new application with referrence to the old application. I am now just waiting for the allocation of case officer. A copy of approval with a form i guess 1100 had been sent to DIAC. Could someone guide me what is next and how long i have to wait for the finalisation of VISA application.

26th of june was a big day for me.

 

Thanks to everyone again:laugh:

 

AVAL

 

Hi Aval

 

I was thinking about you a day or two back, wondering whether you had secured 176 sponsorship from the ACT. You have so very, VERY well done there!

 

Please send a completely blank e-mail to aspc.processing@immi.gov.au You will get an auto reply within less than an hour. It will explain the current state of play better than I can so please start with the e-mail.

 

Cheers :hug:

 

Gill

xx

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