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kennychina2009

Visa Issues - Any Advice?

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Dear Sir,

I am A Bachelor of Business Administration degree holder working as Director of sales, marketing and Distribution since 6 years. i have got my qualifications assessed positive by the Australian Institute of Management(AIM) as suitable.

i would like to hear your suggestion regarding my experience as I dream towards migration to South Australia under the General skilled migration program. Already i have my application for VE 475 refused by the South Australia Immigrations due to IELTS on 15/06/2009. i got an overall band of 6.0 in my IELTS exam. And SA Immigrations stated that i did not request to be considered under the concessional english when i submitted my application. However, i have re submitted all documents, including academics, work experience, financial status together with a written letter asking for consideration under the concessional english as obtained in South Australia . But since 15 july 2009 when my application for state sponsorship was refused by SA government up to the 28july 2009, the date I relodged a fresh application with a written request asking for consideration under the concessional english , i have not heard anything since from SA office.Sir what do you advise ? Any body with similar experience? How long am i to wait further? Do i go for another Ielts and forget the concessional english application request i submitted? A word from you will calm my nerves.

Sincerely,

kennychina

 

Please PM me for my private email

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Guest Gollywobbler

Hello Kenny

 

Welcome to Poms in Oz.

 

Before we worry about SA, do you meet DIAC's requirement for concessional competent English?

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

If you are not OK on DIAC's requirements then you are in difficulty anyway so it is just as well that you cannot submit your visa application as yet.

 

You say that you have applied to SA for Concessional English but have you read SA's criteria for that clearly?

 

Sponsorship requirements for Offshore 475 or 176

 

It says:

 

Concessional English

This provision is available to Provisional 475 applicants and cannot be used in conjunction with any other waiver. Applicants must provide the following:

 

IELTS* Test Report Form showing you have an overall band score of at least six (6.0)

 

AND

 

A written employment offer of at least 6 months in a skilled occupation. The employment offer must be based in South Australia and be full-time (at least 35 hours per week)

 

 

Have you sent SA proof of the necessary job offer? If so, what have you been offered a job doing? It must be a SKILLED occupation, which means it must be within Groups 1 to 4 inclusive in the ASCO Code, which is here:

 

1220.0 - Australian Standard Classification of Occupations (ASCO) Second Edition, 1997

 

Remember that Immigration SA will contact the prospective employer to verify the job offer. I am concerned because you have not mentioned the job offer at all?

 

What are the exact facts, please?

 

Best wishes

 

Gill

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Dear Gill,

Many thanks for your kind and encouraging mail. In answer to yourquestion, i have provided the IELTS Test Report Form showing i have an overall band score of at least six (6.0).

But what i have not got is a written employment offer of at least 6 months in a skilled occupation based in South Australia that is full-time (at least 35 hours per week).

Being an offshore applicant i have been sending series of job application letters without landing any job.

And so i have not sent SA proof of the necessary job offer because i do not have any job offer.

However in 31 March 2009 when i submitted my application for SA sponsorship the new clause of an employment offer , at least 35hpw

had not been introduced. My application waslodged before the new employment offer clause. And so will i be assessed under the new regulation? Your advise on what to do to move my application to the next level is urgently needed.

Warm regards,

kenny

:mad:

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Guest Gollywobbler

Hi Kenny

 

Thanks for the additional information.

 

I can understand your difficulty and I do not know which way SA will jump. If you had requested concessional English in the first application and the fact that you didn't is the only reason why they rejected your first application, rejecting a second application which merely clears up a technical error in the first one does seem harsh to me. Sure their rules have changed in the meantime but it would still seem harsh to me.

 

Did you enclose a letter with your second application describing what went wrong with the first one? If so then hopefully they will dig out the first application at their end, check why they refused it and they might decide not to be harsh on you.

 

They do want new migrants in SA because a report in the papers a few weeks ago quotes SA officials as saying that the population of SA needs to get bigger in order to give them enough manpower to complete some massive development projects which are going to start happening in the next couple of years.

 

They are also the only State looking for Supply & Distribution Managers and since you got through an AIM assessment for that, there is no doubting your specialist skills. It is not simply a case of Vetassess having said, "Yes, Kenny has a degree which is the equivalent of an Aussie bachelors degree but Vetassess has no idea whether Kenny knows anything about Supply & Distribution."

 

So in SA's shoes my inclination would be to use some discretion, link your two applications together and say "Yes." However I am not Immigration SA!

 

There is a lady in Immigration SA called Anne Johnson. I don't know who she is exactly but I think she might be the Manager of the State sponsorship team. If it were me, I would be inclined to phone Immigration SA and to try to have a word with Anne Johnson to see whether you can get a "feel" for how she is likely to approach your situation.

 

If you decide to phone them, good luck and please let me know how you get on? Your written English seems perfectly OK so my guess is that you were nervous on the day of the IELTS? That happens to lots of British applicants as well so you are definitely not alone if my hunch is right.

 

I heard about a British Bricklayer who was doing OK in his IELTS until it came to the Speaking Module. The examiner asked him to discuss what value his local public library has to his local community. If she had asked him what value his local public house has (in the UK a bar is called a pub or public house) he could probably have told her all about that very fluently since he probably goes there every Friday evening! He was soooo not expecting to be asked about the local library instead that he became sompletely flustered, made a mess of the Speaking Module and had to do the whole thing again. It happens, even with British applicants who have lived in the UK all their lives and can't speak any language except English.

 

The IELTS is just the sort of daft test that the British Council would devise! We lived in Malaysia when I was a child. The British Council in its wisdom got a team of actors from the UK and sent them round Malaysia solemnly performing about 6 Shakespeare plays. Yeah, right. Who is going to be interested in that except for someone who is actually studying English at quite a high level? Maybe enough people were but it did not sound like a commercial winner to me!

 

Cheers

 

Gill

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Many thanks again for your most encouraging mail. i felt highly uplifted in my depressed spirit after reading your mail again. Yes , i did enclose a letter with my second application describing what went wrong with the first one.But since 28 july 2009 i sent in the second application including the written request for consideration under the concessional engish i have not heard anything .Its quite frustrating.

Please your idea to phone them is okay. I would humbly ask your favor of calling the lady in Immigration SA called Anne Johnson. I don't know her number . Being a fellow woman and mother like you she may be inclined to listen moreto you .If you can have a word with her on my behalf i would remain highly appreciative. Try to have a word with Anne Johnson to see whether you can get a "feel" for how she is likely to approach my situation.

Remain blessed.

Warm regards,

kenny :dull:

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Guest Gollywobbler

Hi Kenny

 

I don't have a direct dial number for the lady in SA and she has never heard of me, I assure you.

 

Although I understand your feeling that a "woman to woman" chat might help, I can assure you that the idea would simply irritate the hell out of the lady in SA. If you want a third party to act as an intermediary then you must instruct a migration agent of your own choice - who would require payment.

 

If you want to phone them yourself instead, the details are here:

 

Make The Move :: Contact Immigration SA

 

Please bear in mind that their *normal* processing time for applications for 475 Sponsorship is now 6-8 weeks. Your application may well take longer to decide because they are going to have to involve senior staff in order to get a decision about which way to jump, given that you are not able to comply with their current criteria for concessional competent English but that might not have been a problem if you had remembered to request it the first time around. Your occupation is on their new List but it was on their old one as well, plus AIM say that you can definitely do this specialised and senior job to a level of seniority which is recognised and respected in Oz.

 

I do think your chances of SA smiling on you might well be better than they might be for someone else. It sounds as if you have made sure that they will consider your old application as well as your current one but I would not be at all surprised if your current application takes more than the "usual" 6 to 8 weeks to determine.

 

If you decide to use a migration agent - or you want to have a chat with one to see what s/he would suggest/advise, it would be sensible to use one in Adelaide. One of them might well know Ms Johnson. I've heard of her but thats all and she has definitely never heard of me, plus I am not a migration agent so I have no conceivable basis for trying to interfere with Immigration SA on your behalf.

 

Atif Khan is based in Adelaide and might be a good bet:

 

MIA Search Agent

 

atif@aussievisaexpert.com.au

Mr Khan seems to be less than 2 years' qualified so he does not have a vast amount of experience as yet but some Poms in Oz members are using him. Apparently Mr Khan's fees are low compared to those of most of his competitors. If so, fair dos. He is not making false claims for himself and is seeking a level of fees which reflects his comparitive inexperience.

The other agent in Adelaide whose name I happen to know is Libby Hogarth:

MIA Search Agent

 

Her website is here:

http://www.libbyhogarth.com.au/english/ourteam.htm

 

Stacks of experience and quite likely to know Anne Johnson personally but I would imagine that Ms Hogarth's fees are probably quite a lot higher than Mr Khan's.

 

Another option is to do nothing for the time being and wait to see what SA come back with. Since you only submitted your new application at the end of July, I wouldn't be surprised if it takes them till mid October to make a decision about your new application. 8-10 weeks would be reasonable considering the unusual situation that you are in. The two agents in Adelaide might both advise you to do nothing for the moment.

Cheers

 

Gill

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Hi Gill,

Thanks as always for the great encouragement you send through your mails. i cannot thank you enough. And they have been a major source of inspiration to me. i must tell you that since we started communicating , the gloom around me have dissipated to a great extent. At least i can begin to see some light at the end of the tunnel. And no longer feel its a search in futility.

Today i sent out mails to those addresses . Contacting Libby Hogarth was a bit difficult.

due to server problem. But i plan to give her a call tommorrow.

Also i sent mail to the SA office politely asking them what happened.

And like you prophesied my last option is waiting till october to see what happens next. Thats 10 weeks .

God bless you . i,ll keep in touch.

Regards,

kenny.:laugh:

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Hi Gill, first i want to thnk you for all your advice and encouragment which i found highly valuable . i can not thank you enough. Just aquick note to inform you i got a mail from Daic yesterday. Here it goes . Advice me on the next line of action as they did not tell me my status:

 

Dear Potential Migrant

Immigration SA is pleased to receive your enquiry about migration to South Australia as a skilled Migrant. You should be aware however, that responsibility for all matters relating to the criteria and granting of visas rest with the Commonwealth Department of Immigration and Citizenship “DIAC”. You should visit their website www.immi.gov.au in the first instance and download Booklet 6 to determine your eligibility for migration.

If you wish to migrate to and live in South Australia, Immigration SA may be able to provide you with sponsorship to facilitate visa grant by DIAC by those who need sponsorship to meet all the migration criteria. Sponsorship does not guarantee employment or any financial assistance.

Before you consider migration, you should visit all the relevant websites and conduct first-hand, thorough and meaningful research on the employment prospects and lifestyle issues to ensure that you are well prepared for any challenges that you might encounter when you move to a new country.

Please visit our website before you contact Immigration SA again for comprehensive information about the criteria, process and On Line application form for sponsorships available from Immigration SA.

Visit: http://www.migration.sa.gov.au/sa/migrate_from_overseas/visa_options/gen_skill3.jsp

Each of these options has specific sponsorship criteria in addition to the DIAC visa criteria. You should match your qualifications/circumstances to each visa option to determine the appropriate visa subclass for you. You must meet ALL the sponsorship and visa criteria to be successful. If your skills assessment/nominated occupation is not on one of our Lists, this means that you will not be able to meet all the sponsorship criteria and therefore not qualify for sponsorship at this time.

Other associated programs and concessions (read the relevant web pages for more details):

 

  • Concessional English – You must also have a firm job offer in South Australia.
  • Off List Sponsorship – You also have a firm job offer in South Australia.
  • Work experience waiver for international students – an exemption is provided under some circumstances.
  • If you have already lodged your visa application with DIAC, Immigration SA will consider a sponsorship application if the applicant was under 45 and/or the IELTS result was less than two years old at time of visa application. However the applicant must meet all the criteria at the time the sponsorship application was received by Immigration SA.
  • Sponsorship Lists – These lists are revised regularly. Occupations may be removed or added depending on planning levels and labour market needs. The lists on the website are the most current. If an application is submitted on-line and the documents are received by Immigration SA within the validity period, the applicant will not be disadvantaged should the list change.
  • All supporting documents must be received by Immigration SA within 60 days of the on-line application.
  • Once sponsorship has been approved, the applicant has 60 days to lodge their visa application.
  • The On Line application form only works under MS Explorer.

Note that the sponsorship application to Immigration SA bears no cost but there is a visa application fee imposed by DIAC. You should also take note of the timelines in the process that may be critical to your application and factor these into your application process. These timelines are available on the respective websites. Immigration SA cannot be responsible for any delays outside our processing times.

Immigration SA is unable to provide you with migration advice beyond the information outlined above and on our website. You may apply for migration direct but if you require more information or assistance, you may wish to engage the services of a registered migration agent. You can locate one in South Australia at www.mia.org.au or one near you at www.themara.com.au

Thank you for your interest in South Australia and we hope that we can assist you in achieving your migration objectives.

Manager, General Skilled Migration

Immigration South Australia

Department of Trade and Economic Development

Government of SOUTH AUSTRALIA

 

Regards,

kenny

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Guest jason RM0107604

hi kenny, sorry to but in, but your next step is to read the letter they sent you and ask yourself if you meet their guidelines. dont expect a miracle.

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