Subclass 176 family sponsor

[TILAK RAJ]

I applied for Australian P R on 21 July 2008. I am Indian citizen but living in America from last 9 years (ON TEMPORARY VISA).

I am married so i applied for my wife too.

 

I applied under GENERAL SKILLED MIGRATION OFFSHORE Subclass 176 Family Sponsor. My job category is GENERAL MANAGER.

My real sister is in Australia who sponsored me.

 

IMMI website says it takes maximum 12 months. Next months it will be 12 months and i have not heard anything from immigration department.

 

My question is should we contact immigration department when 12 months are over. if we contact will it not affect my case negatively.

 

I heard about Priority processing, should i be looking for different subclass or just wait for bit. Any idea how long it taking for similar cases.

 

Please help me what to do. I am open to suggestions and any assistance.

Thanks

 

[Guest Gollywobbler]

Hi Tilak Raj

 

Welcome to Poms in Oz.

 

Please send a completely blank e-mail to aspc.processing@immi.gov.au It will send you an auto-reply e-mail within an hour and it is important that you get that information e-mail.

 

At the moment, yours is a non-priority application. Priority is being given to applications in the following order:

 

1. Employer Sponsored PR visas (ENS or RSMS)

2. State Sponsored applications

3. Applications which are not sponsored but the occupation is on the CSL.

4. Applications which are not sponsored but the occupation is on the MODL

5. All other applications.

 

The current quota of skilled visas for the 2009/10 Financial Year (year end 30th June 2010) is 108.100 skilled PR visas.

 

The Minister and DIAC say they expect Groups 1 & 2 above to account for about 50% of the skilled PR visas granted in 2009/10.

 

The CSL occuoations are Health, ICT and Engineering Professionals plus some Accountants. Nobody is sure how many CSL applications will be made in months to come.

 

If there is a surplus after taking care of everyone in Groups 1,2 & 3 then DIAC will make a start on processing Group 4. They have said priority will be given to MODL only applications received before 30th June 2008. Plainly they think that adding some of the applicants in Group 4 will exhaust the 108,100 for the current year.

 

Which means that if you leave things as they are you have no chance of a sc 175 visa before 30th June 2010 but you might be lucky in 2010/11, considering that you applied some time ago, but it really does depend on how the Aussie economy performs in the next 12 to 24 months, I suspect.

 

The Minister likes his new Priority Processing scheme. I think that is with us for as long as he remains the Minister and I suspect it could be a permanent alteration to Auus Govt Policy because it clearly makes sense. I think that when they relax the current squeeze they will do it by increasing the skilled migrant totals, not via changing Priority Processing.

 

Your occupation is not on the CSL. Ideally you need State Sponsorship for an subclass 176 visa but this may not be possible in practice. If you can get SS then you can switch to an sc 176 application withoout having to complete a new application and without having to pay a new visa application charge to DIAC.

 

Until 30th June 2009 the Australian Capital Territory was willing to consider sponsoring a limited number of General Managers for the sc 176. Their general requirements for this occupation were:

 

Managers and Administrators: minimum 5 years work experience in the nominated occupation; minimum IELTS 7 in speaking

 

 

Beyond that it was necessary to send them the person's CV in advance of applying for Sponsorship. If the CV showed that that the person had the right sort of work experience for whatever they were looking for, the ACT would then invite the person to apply for State Sponsorship.

 

The ACT will be publishing a new list on 1st August 2009. Hang on and wait to see whether General Manager is on the new List, I suggest. No other State or Territory is specifically seeking General Managers at present.

 

The visa is here (see Booklet 6 too.)

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

All the States & Territories set their own policies - and publish their own Lists - about which occupations they will offer sc 176 Sponsorship for. The fast link to all of the State & Territory migration websites is here:

 

State & Territory Migration Sites - australia.gov.au

 

In addition each State/Territory has been given the opportunity to choose an extra 500 people each whose occupations are not on the sc 176 List for the particular State/Territory. Again, they can choose how to allocate the extra 500 places (called Off List Nominations.) Most of them insist on a firm offer of employment in the relevant State/Territory.

 

Plan B - Can you nominate a different occupation?

 

DIAC are not obliged to permit this. It might well involve having to get a new skills assessment, getting State sponsorship from somewhere and then making a new visa application and paying a new DIAC fee.

 

Please study the ASRI List:

 

A-Z Occupations List - Australian Skills Recognition Information

 

What else could you nominate AND get a skills assessment for which is ALSO on one or more of the State Sponsorship Lists for an sc 176 visa? There is no sense in embarking on something like this without a realistic chance of success.

 

If there is nothing on the sc 176 Lists, try the sc 475 Lists next. In particular try the one for South Australia. A General Manager can be "dumbed down" to Office Manager with minimal difficulty, I would think. SA is the only State actively offering sc 475 sponsorship to Office Managers.

 

Do you have a degree or two? If so, you could get through Vetassess with no difficulty and SA might agree that it would be silly to make you apply for a new skills assessment. If they are generous about this, you would keep your current 60 points.

 

However if you go down this route you would have to make a new application for a Skilled Regional Sponsored 475 visa, which would mean a new visa application and a new DIAC fee of $2,525. In this scenario, you would NOT withdraw your sc 176 application. Leave that running in the background.

 

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

 

The sc 475 would be granted quite quickly if it is State Sponsored. However BE AWARE that this visa would prohibit you from moving to any of Sydney, Melbourne, Brisbane or Perth for as long as you are on the sc 475 visa. Whereabouts does your sister live, please?

 

Cheers

 

Gill

[TILAK RAJ]

Gill

Thank you so much for all the information. I Think i will wait for new list and take my chance for SS. Can i move OUT of that state before 2 years or they will strictly enforce 2 years rule. My sister lives in Melbourne. I think its almost impossible to get any SS in Victoria. My sis talked to a lawyer he said i might be getting processed in 5-8 months. Any comments on this.

 

What you think my chances are if i don't get SS and keep waiting under 176 family sponsor its already 1 year today.

Is that 100000 dollar investment option valid any more. Any other ways i can go to do this quicker.

THANKS

[Guest Gollywobbler]

Hi TR

 

Is that 100000 dollar investment option valid any more.

 

No - it was closed to new applicants when the visa system changed on 1st September 2007.

 

My sis talked to a lawyer he said i might be getting processed in 5-8 months. Any comments on this.

 

 

I think the lawyer is relying on the ideas I have already suggested:

1. General Manager might stay on the ACT List for sc 176 sponsorship, you might be able to meet the ACT's general criteria for the occupation and your actual work experience might be exactly what they are looking for as well;

or

2. Look at the possibility of getting you in via South Australia and an sc 475 visa, probably, as a short term stop gap.

 

I agree with you that the first step is to wait for the new ACT list on 1st August.

 

Can i move OUT of that state before 2 years or they will strictly enforce 2 years rule.

 

Yes you can but the risk you run is that if you cannot convince the sponsoring State that you have a genuine intention to move there and try the place out for a sensible period of 24 months, the State concerned would decline to sponsor you in the first place. If your heart is not in it, that will come across in the application for State sponsorship. They are good at spotting and weeding out the applicants who are simply trying to use the sponsoring State as a tactic via which to get round the Minister's new Priority Processing Scheme but who have no real intention of moving to the relevant State.

 

My sister lives in Melbourne. I think its almost impossible to get any SS in Victoria.

 

I agree with you about VIC SS. I assume that by "Melbourne" you mean the Melbourne Metropolitan area? An sc 475 visa sponsored by a State would prohibit you from moving into the VIC State Capital and this particular condition on the sc 475 visa is monitored and is enforced. You would be able to move to, say, Geelong but no closer to Melbourne than that. By road it is about 70kms from Geelong to the Melbourne CBD. My guess is that the traffic is like everywhere else - an easy enough run outside the rush hours but.......!

 

What you think my chances are if i don't get SS and keep waiting under 176 family sponsor its already 1 year today.

 

The Minister does not seem to be interested in how long people have already been waiting for or in how much longer they might have to wait. He has been absolutely ruthless with the way some of the changes have been implemented.

 

Therefore I think that unless you are successful in obtaining SS you will have no chance of a visa grant before 30th June 2010. It is too early to say what might happen after that.

 

Best wishes

 

Gill

[TILAK RAJ]

Thanks again so much.

Do you think i should get medicals and P C done now rather than waiting till last minute......

Thanks

[Guest Gollywobbler]

Thanks again so much.

Do you think i should get medicals and P C done now rather than waiting till last minute......

Thanks

 

Hi TR

 

Defintely not. We have no idea whether sc 176 sponsorship is even possible as yet and the ACT are not quick even when they have invited the application.

 

Sit tight for now and wait for 1st August, I reckon.

 

Cheers

 

Gill

[TILAK RAJ]

Dear Gill

 

ACT new list do have General Manager in demand but IELT requirement are changed now they want 7 in all categories not only speaking, I have overall 7 but not in all so this one goes................... Let me know if i misread.

 

I was looking at SA 475 they are looking for General Managers is this better option what are PR prospects after 2 years is it simple process or you need to work hard and be lucky to get it. Would you suggest me going this way.

AS you know i already applied 176 family sponsor so looking at regional 475 (Family Sponsor) from VIC won't make sense, as my sister is in Melbourne.

 

I am so confused let me know if i am not thinking of any option to get PR faster.

I wish my agent would be able to help me he is too busy for any thing.

 

I am very thankful to you always.

Thanks.