If Occupation is on SOL but not in demand can I apply for visa???

[cobbler]

I am at a total misunderstanding of what the situation is with visa applications, My occupation is worth 60 points on SOL but not in demand list (shoemaker/repairer) 19 years experience I'm 39 yrs old, on the job trained. My wife is 34 and her occupation was a Nursery Nurse with NVQ3 Qualification until we had our 1st child in May 2000. Since then she has done voluntary work (Mothers & Toddlers and Helping at the Nursery). Now She has started a course with Home Start (Care in the Community) to Kick start her career. I am now starting to feel very dissapointed because which ever angle I try there doesn't seem to be a way into Australia. When I last spoke to an Agent he told me the only way in was if I had a Relative in oz that can sponsor me(which we don't) Is our dream really over? I still have a firm job offer pending the visa outcome but NO sponsor.

 

Please help

[Guest Gollywobbler]

Hi Cobbler

 

When I last spoke to an Agent he told me the only way in was if I had a Relative in oz that can sponsor me(which we don't) Is our dream really over?

 

Whether or not this claim is accurate depends on your Points total:

 

Skilled – Independent (Migrant) Visa (Subclass 175)

 

Your potential points total is 110 (115 at the outside depending on when you turn 40) made up as follows:

 

15 - Age (assumiing you have turned 40 by the time the visa application is submitted.)

25 - Proficient English (assuming you do well in the IELTS, which I think you would.)

60 - Nominated Occupation

15 - Specific work experience.

 

Total 110 or just possibly 115 but either way it is not enough for a subclass 175 visa.

 

OK - Plan B. As you have no rellies in Oz, Plan B is State Sponsorship, either for the sc 176 visa or for the sc 475 visa. For either of these visas the points total is 100 and the State contributes 10 points towards the total so you only need 90 points of your own.

 

State Migration Centre » Skilled Sponsored Visa

 

Please read what West Australia say about Off List Nominations for sc 176 Sponsorship. Despite what it says, read the threads & posts by Karin & Mervyn, please:

 

http://www.pomsinoz.com/forum/members/karin_and_mervyn.html

 

Karin is a Translator. That is not on the WA List. They have no rellies or friends in WA. A Translator needs to be in Perth, not out in the sticks. Translators are nearly all self-employed. It is not an occupation that lends itself to securing a job offer in WA or anywhere else.

 

Karin argued her case. WA have agreed to sponsor her for an sc 176 visa despite the fact that on paper she does not meet any of the criteria for it.

 

I would also contact this company:

 

Evans Leather Restoration and Shoe Repairs

 

If they are willing to offer you a job then VIC may be willing to consider State Sponsorship. They need not offer to sponsor you themselves. Seek.com has this same company trying to find an experienced shoe repairer. I suspect that they despair of finding one and so they are willing to consider training someone instead.

 

However I think that Shoe Maker is very similar to Translator, in that both are needed (or they would not be on the SOL) but in the ordinary course somebody working in a State Migration Office would use a Shoemaker/repairer maybe once a year and a Translator probably never. Hence these occupations are not in their minds when they are compiling their Lists. This does NOT mean that the State concerned would not consider you. Both are occupations where the experts are in such short supply that it is probably not even worth bothering to advertise to try to find them if one is the State Migration Centre in a particular State.

 

Please see this link:

 

Visitor Information | Katanning Western Australia

 

4.500 people live in Katanning but if one needs to get a pair of shoes repaired, it is a 2 hour drive to Albany to get the shoes repaired there. WA is full of townships like Katanning. Also even if they build a new suburb in or near Perth (as they do) just as in the UK nobody notices the lack of a shoemaker/repairer or a locksmith until you need one.... Then the cursing begins...!

 

One of the difficulties of consulting migration agents is that they are not allowed to accept instructions from you unless they are very confident that they can get you a visa. At the moment we are waiting to hear whether TAFE SA could assess you for AQF III. If they can do that so that you can get a skills assessment from TRA, the next step will be discovering whether we can persuade one of the States to sponsor you either for a subclass 176 visa or for a sc 475 visa.

 

A friend of mine is in a not dissimilar position. To have any chance of a visa she needs the following:

 

1. Not less than 7.0 in each of the four modules of the IELTS.

2. A positive skills assessment (she got that by herself after the first Registered Migration whom she consulted gave her inaccurate advice about her qualifications.)

3. If she can get the required scores in the IELTS then the next step would be to see if we can talk WA into an off list sponsorship for the sc 475 visa.

 

Agent A has been dismissed. She gave inaccurate advice about the lady's qualifications so there is no point in wasting any more money on Agent A.

 

Agent B told me that having got the skills assessment on her own, the lady should proceed to organise her own IELTS exemptions (she is deaf) and get her IELTS at the required level. He said that she should then secure State Sponsorship from someone.

 

If & when she has done all that by herself, Agent B would be delighted to act for her in a visa application, so he solemnly told me. His fee would be £1,000 + VAT for this apparently.

 

I pointed out that a client who can do 3 out of the 4 steps on her own has no earthly need to pay somebody else to do the 4th - and the easiest - step for her, particularly not in consideration of such a daft amount of money as £1,000 for Agent B to do nothing more than act as a scribe.

 

It actually had not occurred to Agent B that only a basket case would retain him in the circumstances described! Presumably he has no experience of persuading a State to agree to an off list nomination - when that is the bit he might have been useful for if he knew anything about how to do it since the lady (a PiO member whom I am helping) and I would be beginners at that on our own.

 

At the moment she needs the IELTS first so she and I are getting that organised. I'm her "Hearing Dog." I can make phone calls for her which she can't do by herself. I wouldn't dream of trying to charge her anything, obviously. It is my pleasure to help her in any way that I can.

 

I suspect that you are in the same position, Cobbler. By the time you have completed 3/4 of this on your own there would be no point in paying somebody else to do the final 1/4.

 

Let us wait & see what the TAFE say. If they are encouraging then I will help you to have a preliminary chat with WA and a couple of others and we can see what sort of indications we can obtain from them. If the State vibes are good and the TAFE can help then it may be worth executing the first part of the Plan, which would be obtaining the Skills assessment.

 

Best wishes

 

Gill

[cobbler]

Thanks Gollywobbler,

You are one of lifes kindest people giving so many words of encouragement to many on this forum. Just look at how much effort you have put in for me alone. Thanks

[Guest Karin_and_Mervyn]

Hi Cobbler,

 

I was just browsing the forum, and came across this thread. I am the translator who has been given off-list WA sponsorship. I think a large part of WA's positive decision for me, but this is a guess, as who knows exactly what their criteria are or how they can be persuaded, may have been my argument that I already have a job.

 

I have been very honest in my application, I mentioned that I was aware that my occupation is not in demand in Perth. However, as a freelancer, all I need is a computer and internet and onwards and upwards I go. I have a solid client base, internationally (even one in Oz), and will continue working for the same customers when I go to Perth. They are happy to pay my fees into an Australian bank account (or PayPal) as opposed to a UK one.

 

My argument was therefore that I can solely support my family and will continue to be able to do so after arriving in Perth (even more so, as my fees will remain the same, but worth more in Oz). I therefore bring with me a positive contribution to the Australian economy. And no need to dig into savings or having to go back because I can't find a job.

 

I like Gill's argument about the need for shoe repairers. I think it's a valid point, and if you add to that the fact that you have a job offer, if you do your research properly, I don't see any reason why you would not at least be in for a chance (my take was 50%, even in my seemingly hopeless case, they could say yes or no, right?), also bearing in mind that applying for State Sponsorship in most states (not all!) is free and only takes a long time, not money, at this point.

 

Then, I also want to add, that not only did we not have much chance to secure state sponsorhip, I also had to do the IELTS test three times. Because, yes really, I am hard of hearing. I needed the points (band 7 and higher on each of the modules) for IELTS for our visa 175 application back in July 2008. Three of the modules were no problem at all, but then there was the listening module. There was just no way I was ever going to pass that. I tried two times, but to no avail. Then I went to the hospital and spoke to some people in audiology. One of their consultants then set me up with a personal loop system. A microphone for the examiner, which was connected to a special loop thing around my neck, which in turn was connected to my hearing aids. I came away with level 8!

 

What I really want to say is that if you are determined to go, don't let anything or anybody stop you. Give it your all and try. But you do need to be completely without doubts for this, I think, 100% determination is what you need. Or it's what I needed to get there. And I'm going to get there. As permanent resident. And I am proud of that (and really happy).

 

Good luck with everyting,

 

Karin

[Guest Gollywobbler]

Hi Karin

 

Then, I also want to add, that not only did we not have much chance to secure state sponsorhip, I also had to do the IELTS test three times. Because, yes really, I am hard of hearing. I needed the points (band 7 and higher on each of the modules) for IELTS for our visa 175 application back in July 2008. Three of the modules were no problem at all, but then there was the listening module. There was just no way I was ever going to pass that. I tried two times, but to no avail. Then I went to the hospital and spoke to some people in audiology. One of their consultants then set me up with a personal loop system. A microphone for the examiner, which was connected to a special loop thing around my neck, which in turn was connected to my hearing aids. I came away with level 8!

 

 

 

Did you know that you could have been exempted from the Listening Module?

 

Celeliza (my deaf friend on here) and I found out about this last year. She is profoundly deaf and hearing aids wouldn't help but she can lip-read so well that you would not know she is deaf. In my role as the "Hearing Dog" for her, I rang up the relevant Test Centre. They do not have any IELTS Examiners who are qualified to work with deaf candidates. Yes they could organise a lip-reading version of the Listening Module but Cambridge ESOL would have to get involved etc etc. As a lawyer it seemed to me that unless the examiner has cast iron credentials for conducting the module via lip-reading there would be legal doubt about the validity of the result whether it was 0.0 or 9.0. Which seemed unsatisfactory to me and they agreed.

 

So Celeliza e-mailed DIAC about this whilst I e-mailed IDP, who control the IELTS in Australia. IDP and Cambridge ESOL confirmed that a candidate can be exempted from one or more of the modules if a doctor says that s/he must be exempted from it.

 

Which makes sense because the thing is a test of one's comprehension of English. If it becomes a physical test of how well a deaf person can lip-read or how good a blind person might be at Braille then it casts doubt on the integrity and credibility of this test, it seems to me. The physical ability aspects are an entirely separate issue and they should be totally beyond the scope of what the IELTS itself is supposed to be for. I had no difficulty with IDP about this. They agree and so do Cambridge.

 

Meanwhile DIAC responded to Celeliza. I don't know which bit of the legislation discusses the IELTS so I've not seen the relevant provisions myself. However Celeliza and I asked at least 6 migration agents, all of whom said that the way the legislation is worded, somebody who is missing both hands and can't write with their feet instead would nonetheless have to sit the Writing Module.

 

Which is illogical nonsense and again the integrity of the IELTS would be in doubt if this were the case. Ergo the wording of the legislation must be flawed, plainly. Australia has strict anti-discrimination laws to protect the disabled and they claim that their immigration policy is strictly non-discriminatory. It is very highly discriminatory if somebody who cannot do one or more modules of the IELTS loses points (or is not eligible to apply for a visa at all) because of the way the legislation treats the IELTS.

 

DIAC were ahead of us, as were the IELTS people. All of this has been gone into by all of them. DIAC said that if the IELTS people exempt somebody from one or more of the modules then DIAC will automatically award 7.0 for those modules on the strength of the exemption.

 

Celeliza and I decided to use the Panel Doctor in Southampton to organise the exemption. He is an Aussie and a really nice guy. I complained to him that DIAC pass the responsibility buck to the IELTS people and the IELTS people pass the buck to the doctor. He said, "Everybody always does that. Pass the buck to the doctor and then blame the doctor if you don't like the result." He was happy to be the Blame Dog!

 

When we sent the e-mails to the agents who had helped out with advice, it transpired that although DIAC publishes a great long Policy and Procedures Manual the printed version of which is probably 2 feet thick, despite a description of Policy and Procedure about the IELTS provisions the PAMs (Policy/Procedure Advice Manuals) do not mention DIAC's Policy of awarding 7.0 for each of the relevant modules in the circs described above. God knows why not - I'd have thought it would be crucial to spell this out in the PAMs.

 

I mention it because I think it is important to get the message out to the public that special arrangements and/or exemptions from one or more of the Modules ARE possible and so people should not let themselves be disadvantaged because of the IELTS. Hopefully your comments and mine on this thread will help others in the future.

 

Cobbler - I am SO sorry for hijacking your thread with this point but I hope you will agree that it is an important issue for some people.

 

Best wishes

 

Gill

[Guest Gollywobbler]

Hi Karin & Cobbler

 

I have been very honest in my application, I mentioned that I was aware that my occupation is not in demand in Perth. However, as a freelancer, all I need is a computer and internet and onwards and upwards I go. I have a solid client base, internationally (even one in Oz), and will continue working for the same customers when I go to Perth. They are happy to pay my fees into an Australian bank account (or PayPal) as opposed to a UK one.

 

My argument was therefore that I can solely support my family and will continue to be able to do so after arriving in Perth (even more so, as my fees will remain the same, but worth more in Oz). I therefore bring with me a positive contribution to the Australian economy. And no need to dig into savings or having to go back because I can't find a job.

 

 

 

Karin's arguments are 100% cogent and many of them apply to Cobbler as well.

 

If Cobbler is permitted to migrate as a skilled independent migrant, he does not need somebody else to employ him in Oz. Shoe mending is the sort of occupation where you can do it from a shed in your backyard as long as you have a means of letting the public know where to find you.

 

It is a rare skill as well. One simply never notices where the nearest shoe mender / handbag / belt repairer is until one needs him. When you need them you find that there are not that many of them in fact.

 

Most women have endured the experience of buying a highly expensive pair of strappy leather stiletto sandals. About 4 square inches - if that - of cow hide is involved but the tiny straps are highly elegant so you pay a mint for the shoes. One of the straps promptly breaks. In terms of value for money the bluddy shoes do not make it onto the scale. The cobbler comes to the rescue. Yes, he can mend the broken strap. Can he re-inforce the rest as well so that this won't happen again, one asks suspiciously? Yep, he can do that as well.

 

I'm convinced that this is a skill which one simply doesn't think about and that this is why it is not on the lists for the States. Plus I think that it is not worth mentioning on a State Sponsorship List because hardly any genuine bidders are likely to appear. It is not that the skill is not needed in Oz - it would not be on the SOL if that were the case. It is simply that so few people are genuine Cobblers that they will either come forward of their own volition or the Aussies will continue to slop around in thongs, I suspect!

 

Cobbler - my instinct is that WA would come through for you. They seem to be especially willing to consider a well-argued case, I reckon.

 

Cheers

 

Gill

[Guest Anton]

Hi everyone! I just want to say first that the forums here are really helpful. We're in the same boat as Cobbler (non-modl).

 

My agent has submittted my application to Engineers Australia for skills assessment, nominated occupation is Production Engineer. No acknowledgment yet from EA.

 

Based on the computed points (self point assessment)

skills - 60

age - 25 (30 y/o)

ielts - 15 (BS - 6.5)

work exp - 10

total 110 points

 

But my agent has advised me that we can apply for visa sc 175, because she's claiming 15 points from modl for me (total 125 points). Could somebody help me about this matter? I was thinking maybe..since my nominated occupation is on CSL..does this mean that the occupation is also in-demand?

 

Please help me.

 

Thanks.

[Guest Gollywobbler]

Hi Anton

 

Welcome to Poms in Oz.

 

Production or Plant Engineer - 2126-13 - is here:

 

Engineer - Production or Plant Engineer 2126-13 - Australian Skills Recognition Information

 

It is not on the MODL so MODL points will not be awarded:

 

Is your occupation in demand? - Workers - Visas & Immigration

 

This occupation is on the CSL so you would get fast tracking of a sc 175 application because of the CSL. However the CSL only goes to visa processing priority. It has no impact on the points total. Ergo the CSL only helps with an sc 175 application if you have 120 points or above to begin with. The CSL is here:

 

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critical-skills-list.pdf

 

Please send a completely blank e-mail to aspc.processing@immi.gov.au You should get an auto reply within an hour. The relevant extract from the current ASPC info e-mail says:

 

GENERAL SKILLED MIGRATION

ADELAIDE PROCESSING INFORMATION

 

This is an automated e-mail response which provides updated information on

skilled migration applications being processed by the Adelaide Skilled

Processing Centre (ASPC). Please do not reply to this email address as

this mailbox is not monitored. Contact details for the ASPC are listed

below.

 

 

Priority Processing - Change From 1 January 2009

 

Following recent announcements by the Minister for Immigration and

Citizenship, in response to the current global economic environment,

processing of General Skilled Migration applications gives first priority

to applications in the following two categories:

 

1. Applications with a successful State or Territory Nomination; and

2. Applications where the nominated occupation is identified on the

Critical Skills List (CSL).

 

Note: Due to the number of applications in the above two categories, on

hand and being received, applications not on the CSL, or applications

without a successful State or Territory nomination, will be delayed until

those applications which meet the processing priorities are finalised. This

includes those on the Migration Occupations in Demand List (MODL)

 

Details of the Minister’s announcements can be found on the DIAC website

via the following link:

http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm#j

 

 

Priority Application Processing Information

 

Applications are now being processed as follows:

 

1. State or Territory Nominated Applications - once the department has

received and approved a nomination from a state or territory authority,

processing of the application will commence within 10 working days of that

approval. Should you need to, please lodge enquiries about your

application via: General Skilled Migration Post-Lodgement Enquiry Form

 

2. Applications with a nominated occupation on the Critical Skills List

(CSL) - are being processed in date of lodgment order. Information about

the CSL can be found on the department's website at:

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/critical-skills-list.pdf

 

 

 

Given that MODL points are not available if Engineers Australia say that you are a Production Engineer, can you improve your IELTS score so as to get your points total up to 120? If not then how will an sc 175 visa be feasible?

 

We can see from the e-mail that if the total is less than 120 points then State Sponsorship is a viable alternative because that only needs 100 points and the State contributes 10 points towards tjhe total.. Your occupation would not be on the CSL if it is not needed somewhere.

 

West Australia is looking for Production or Plant Engineers. In the mines, I suspect, since they are offering sponsorship for the Skilled Regional Sponsored sc 475 visa:

 

State Migration Centre

 

http://www.migration.wa.gov.au/media/documents/WAOIDL_JANUARY_2009.pdf

 

State Migration Centre » Skilled Regional Sponsored Visa

 

State Migration Centre » Living in the Regions

 

The fourth link above is the Map - which is interactive. Hover the cursor on the Pilbara and it tells you that iron ore is the name of the game there, for instance.

 

The link to all the State/Territory websites is here:

 

State & Territory Migration Sites - australia.gov.au

 

I think you could be looking at the provisional sc 475 visa unless you can get your points total up to 120.

 

Is your agent MARA registered? A business cannot be MARA registered - only an individual. The Register of Agents is here:

 

Migration Agents Registration Authority

 

The search tool for it is off line at the moment but it does usually work.

 

Migration Institute of Australia

 

About 50% of Registered Migration Agents are also MIA members and the MIA search tool seems to be working so that might help though I do stress that not all RMAs are also MIA members.

 

Best wishes

 

Gill

[Guest Anton]

Thanks Gill,

 

She's MARA registered. I've sent her email about this matter but there's no reply yet. Now I have just sent her another one coz I still have to ask about the options we have. I am applying for family status, includes my wife- a Pharmacist & our 2 kids.

 

Thanks so much!

Anton

[Guest Karin_and_Mervyn]

Hi Karin

 

Did you know that you could have been exempted from the Listening Module?

 

Hi Gill,

 

I did find out about the exemption route. I spoke to both IELTS and DIAC, who, as you mention in your post, became very busy passing the buck. They basically told me that yes, an exemption was possible, but that I then would not be able to get this so needed band 7.

 

So I decided, as with the hearing aids I can hear reasonably well, but need to lip-read and have context, to try and get there another way. I had 1 more go at this point, and realized that as the first two attempts failed, I needed to do something different this time around. IELTS Cambridge made sure that my examinator was a man (lower frequency), without moustache (for lip-reading). He was very understanding and was OK to use the loop system. I am not sure what I would have done if the result of the 3rd attempt to pass IELTS with band 7 on each level, would have failed. I probably would have consulted a sollicitor. Luckily, there was no need to do this, as in the end, I finally caught a break (until the next hurdle).

 

Cheers,

 

Karin

[Guest Gollywobbler]

Hi Anton

 

Victoria would consider sponsoring you for the immediately permanent subclass 176 visa and you could live anywhere you like in Victoria on the 176 visa. If you can get VIC State Sponsorship then this would solve the fact that your IELTS score is not high enough:

 

http://www.liveinvictoria.vic.gov.au/__data/assets/pdf_file/0020/20819/Eligibility_List_visa176-15012009.pdf

 

The only alternative can find on the various State Lists is Regional WA and the 475 visa.

 

If it were me I would try for VIC State sponsorship for the sc 176 visa first.

 

I am guessing that your wife has been taking a career break because of your children? I ask because Hospital & Retail Pharmacists are both on the MODL, both on the CSL and on the sc 176 Lists for several States.

 

Best wishes

 

Gill