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New Changes to STATE SPONSORED MIGRATION


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Guest Jamie Smith
I noticed talk of contacting media sources. Here is the letter I sent to Watchdog feel free to use it and edit if you wish.

 

Good stuff!

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Guest Justin JIANG

What a silly idea that the case officer asked me to pay 2nd VAC charge one year ago. If i had the crystal ball i wouldn't do that as i would rather save this few thoudsands of AUD in the bank to get some interest return,being a benefit for a loyal customer. Having been a good student in Australia (average score for my courses was 85 plus) and having been working in my trade for more than two years is not better than the one who just got passed and provided bogus documents to DIAC to get their PR in and before the early of 2008.

 

The theory behind the story is that time could change everything and could make the worst one to the best and the best to the worst.

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Guest bilaln30
I noticed talk of contacting media sources. Here is the letter I sent to Watchdog feel free to use it and edit if you wish. Let me know your thoughts? I'm now going to have a good look around for other sources to send it to. If anyone has any contacts please let me know. Watchdog can be contacted @

BBC - Watchdog - - Got a story

Freaks.

 

 

Please can you help us as we don’t know who else to ask? Having written to all the relevant Government officials and Ombudsman, and still had no clear response as to when our application will be dealt with.

I write with regret. I am a skilled British Citizen wanting to move to Australia. I am writing this to you concerning the announcement on 23rd September 2009 by Senator Chris Evans to restructure priority processing for all General skilled Migration Applications. As a direct result of these changes all applicants in our position have now been left in limbo, facing further financial burdens and stress. When we originally applied we were under the impression our application would receive a decision within a reasonable timescale. That does now, not appear to be the case.

This process has taken us nearly 2 years already, I’m a Plumber and the amount of work available to me in the UK has considerably reduced. I’m now even looking to take on some temporary warehouse work to boost our income. I have had positive feedback from potential employers in Australia and feel for the benefit of my family this is the best thing we can do for our future. We planned to leave around November 2009, and decided to sell our home earlier this year due to our concern that property prices would fall further. We are now living in rented accommodation.

My story is that I have applied for a subclass 176 state sponsored visa. The Australian Department of Immigration and Citizenship (DIAC) removed my occupation from the Critical Skills List (CSL) in March 2009 along with a lot of other trades and occupations. This left us with one option, which was to gain state sponsorship which we did. DIAC made this announcement without notice and thought for any of the applicants in their final stages. We were informed by the Adelaide skills processing centre on the day before the announcement (22/9/09) that our case officer would review/finalize our application within 2 weeks they said if we had not heard from them within 2 weeks to call back. Adelaide skilled processing centre have requested both my family and I get our medicals and police clearance checks done on the 25/6/09. I had this done at considerable expense (£800) The new directives now dictate my application will not be finalized until 2012. By 2012 the medicals and police checks will have expired, resulting in forcing all applicants in my position to pay to get there medicals and police checks done again. I ask is this fair, reasonable and right for the Australian government to be allowed to deliberately, force this additional expense on skilled Migrants when all we are doing is following instructions from the Adelaide skilled processing centre, as laid down by ministerial directives. This excludes all the expense involved in lodging the application and gaining Vet Assess/trade (skills) approval (again all required prior to finalization of our application)

Surely if applications of this type which are in the final stage of processing are placed on the back burner, it will not only cost the skilled migrant, but the Australian government additional money as the files will require further attention due to the amount of time elapsed.

Skilled migrants at this stage in the process have sold their property, vehicles and possessions, in preparation for their move to Australia, as well as re-home there pets. Families with children aged 15 and up will now no longer be able to travel with their parents in 3 years, as they will be 18 plus and not eligible as a dependent on the visa, again causing terrible stress and upset within families. Is this right when we were not told any of this, when we lodged our application and paid the visa application charge.

Again I reiterate although I am sure the decisions by the powers that be, are made for the benefits of Australians and Australia. It should not be at the expense of individuals offering skills to Australia. Is there no responsibility and compassion for the skilled migrants that have jumped through the many hoops laid down by the Australian Government?

Although Both Senator Evans and Prime Minister Rudd's decisions, I am sure are made for the benefit of the Australian economy and society, is it acceptable and ethical to take money from skilled migrants and mess around with their lives as a direct result for there actions? Not to mention giving people false hope.

Both me and my family remain motivated to be able to live in Australia with the ability and skills to contribute back to the economy. We hope someone in power will see sense. All we are asking for is a little clarity and some factual guidelines as to what will happen with our applications, we don’t consider this too much to ask.

I am by no means the only one affected you can find further evidence at the Poms in oz Forum

http://www.pomsinoz.com/forum/migration-issues/69397-new-changes-state-sponsored-migration.html

http://www.pomsinoz.com/forum/migration-issues/70325-what-would-you-say-minister-immigration-really.html

 

Yours sincerely,

 

Some suggestions:

Start with how u planned to move to aus. Talk related to trade assessment and costs. Then talk about changes in march. Then u applied for SS in order to get ur application processed. Then u applied for visa considering that ur application would smoothly flow.Then talk abt 23 sep changes and finally how these changes affected u first in march and then in sep.

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Guest sparamjit

Hi Everybody, I just joined this group. I am another victim of Sep 23, 2009 changes. After going through the forum I felt I should also join you guys in this forum.

 

I am just giving you my application status. I appled for assessment in April 2008 and got successful assessment in May 2008 and then applied for south Australia state sponsership and successfully received on Octoer 3, 2008 and applied for VISA with DIAC on October 11, 2008. Then my long wait started to get a CO. Finally got CO on August 18, 2009 and I was given 70 days (By Oct 27, 2009) to return some of the documents required by CO. That included my PCC from India, UK and FBI Record Request from USA ( I spent 7 1/2 years in USA, 1 year in UK and currently living in India) and my employement evidence. I sent mine and my wife's finger prints to FBI on Augut 27, 2009 and got the reply on October 5, 2009 and UK PCC on September 22, 2009 and Indian PCC on August 27, 2009.

 

In between this time period this new rule thing happened and after coming to terms I still sent all my documents on October 12, 2009. When I checked my status yesterday, it showed that all the documents have the "MET" Status and they were updated yesterday (23/10/2009). I don't know what should I understand from this new status.

 

Will they process our application further? or they are just completing the formalities for all the applications on their desk and then dump them for 3 years?

 

My Application Details...

 

My application is Non-CSL

Primary Applicant: Paramjit Singh (02 June, 1974)

Application Type: Class VF, Subclass 475 Skilled - Regional Sponsored

Lodgement Date: 11 October, 2008

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Guest Gollywobbler

Hi sparamjit

 

Welcome to Poms in Oz.

 

My impression is that as requested items are received, they are being put into the files and ticked off. But I think this is the preamble to mothballing the files for however long they will be mothballed for.

 

Cheers

 

Gill

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hi, yeah we looked into the regional areas, but my oh trade is only required in certain areas, and unfortunately its not required in newcastle which is the area we want to be. thats part of the reason for the application for off list nomination. kind of thought they might consider us as we would be two trades (boilermaker and midwife) for the price of one. long shot i know but we thought if we didnt try then we would always wonder what if.

cheers nicola

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Guest JohnandLisa

From this, we're number 8 on the list Regional 475, which we lodged on the 10th Sept 09, Bummer!!

 

Eh oh...

 

How long do you nromally wait for a CO? I checked on the status and it's being processed but we are still awaiting our agent to tell us when we need to arrange our Meds and so on, as it shows these are still outstanding.

x

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From this, we're number 8 on the list Regional 475, which we lodged on the 10th Sept 09, Bummer!!

 

Eh oh...

 

How long do you nromally wait for a CO? I checked on the status and it's being processed but we are still awaiting our agent to tell us when we need to arrange our Meds and so on, as it shows these are still outstanding.

x

 

Curious, what Group belongs to #8 ?

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Guest Gollywobbler
From this, we're number 8 on the list Regional 475, which we lodged on the 10th Sept 09, Bummer!!

 

Eh oh...

 

How long do you nromally wait for a CO? I checked on the status and it's being processed but we are still awaiting our agent to tell us when we need to arrange our Meds and so on, as it shows these are still outstanding.

x

 

 

Hi John & Lisa

 

Please don't even think about doing meds and police checks yet. They are only valid for a year. According to DIAC at the moment your visa will take at least 3 years to be finalised.

 

The Case Officers ask for the meds and police checks as part of the final stages of the processing. The reason is because it is necessary to make your initial entry to Australia (which need only be for a short visit) within 12 months of completion of the earlier of the meds or police checks.

 

Cheers

 

Gill

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There has been notices of legislation change on the DIAC website. The change regarding MODL is related to us and is given at:

All Notices of Legislation Changes - Legislation & Regulations

 

I think changes in MODL with each visa subclass is on the cards and this is what is coming next by 9 November. What do you all think?

 

Not before December MODL Review Timeline Update : British Expat Discussion Forum and even then its the new process that may be released, not necessarily any change of occupations.

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Guest Alison Nugent
hi alison

 

thanks for your msg. did you apply on your job then. are u a nurse or midwife.

i really dont know what to do then, maybe we should sit it out waiting for a positive response from NSW or not.

Either way my yr experience is not until nxt summer.

Am so confused. xx

 

Hi Nicola, sorry for late reply, Yes i applied through my job, however i had to work for 1 year before i could do this, i am not sure about getting sponsored, you could call the hospitals in NSW and ask do you still need a years experience if you are to get sponsored by them? I would think you would have to, especially being a midwife i think they would prefer you to have some experience, I worked in Trauma Orthopaedics. My advice would be to get your one years experience then you are free to go wherever becasue if you get sponsored you are tied to work with them for a year and i think you have to work a minimum of 38hours per week (well i know you do in Perth) Hope this helps.

Alison

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hi, yeah we looked into the regional areas, but my oh trade is only required in certain areas, and unfortunately its not required in newcastle which is the area we want to be. thats part of the reason for the application for off list nomination. kind of thought they might consider us as we would be two trades (boilermaker and midwife) for the price of one. long shot i know but we thought if we didnt try then we would always wonder what if.

cheers nicola

 

I have my fingers crossed for you! Let us know how you get on.

 

Best wishes,

 

Shreen

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Morning all,

 

I noticed this post on the the DIAC agents gateway this morning relating to medicals, while this is about 457 to PR visas, I would imagine the same implications may affect those of us who have had meds requested and finialised now in cat#5? I maybe wrong they may just extend the life of our meds as the still have them on file and have not been stored.

Cheers Freaks

 

Changes to Medical 'Re-Use' Policy to Prevent Processing Delays

Changes to Medical 'Re-Use' Policy to Prevent Processing Delays

 

The department has received a number of complaints from clients and agents regarding our current re-use arrangements for permanent visa applicants who seek to re-use previous health examination reports (such as Form 26 Medical examination for an Australian visa) obtained for a temporary visa application and 'upgrade' these for a permanent health clearance.

These arrangements were intended to reduce processing times, and save clients time and money. However, the practicalities of the 'upgrade process' mean that re-use for this particular group of clients currently does not achieve this aim. Where 'upgrades' have been requested, processing delays have resulted, and some clients have still been required to complete new medicals.

Consequently, on 9 November 2009, a suspension of re-use arrangements for this group of clients will be put in place to ensure that the processing of permanent visa applications are not delayed unnecessarily.

This means that 'upgrades' of health examination reports will no longer be allowed. For example, a client who completed a chest x-ray and a form 26 medical examination for their Student visa application will no longer be able to simply undertake a new HIV test and have their previous health examination reports 'upgraded' for the purposes of a new permanent visa application. In this situation, new medicals will be required for the client's permanent visa application.

These changes will be outlined in a revised version of the Health PAM which will be released on 9 November 2009. The PAM will also provide advice about the limited exceptions available.

It is anticipated that these arrangements will be reconsidered once the department has further developed its electronic storage facilities for medicals and can provide an efficient upgrade process for you and your clients.

Note: There are no changes to other re-use arrangements which are currently working well:

 

 

  1. Temporary health examination reports which were locally cleared and remain valid can still be re-used for a further temporary visa application.
  2. The rules surrounding re-use of health clearances also remain the same (for example, a 457 visa applicant who completed full permanent medicals 'upfront' and received a permanent health clearance can 're-use' this clearance for their permanent visa application if it is still valid).

 

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Hi,

Checked out the IOM website, I think that it wouldnt harm us to get in touch with them and let them know about each individuals case. They may be able to help in some way. I am going to send them an email about our situation. Cant do any harm.

Cheers for that,

John Gilfillan

I'll send them mine too.

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Guest Wannabeoz

I just received this response to my complaint to the commonwealth ombudsman. It doesn't say much, but I guess at least they may investigate!

 

Thank you for your complaint about the new priority processing changes for General Skilled Migration visas announced by the Department of Immigration and Citizenship (DIAC).

The priority processing changes were a result of the Minister’s Direction No. 40 - Order of Consideration of certain applications for sponsorship, nomination and visas under the Skill Stream of the Migration Program and the Temporary Residence Program.

The Commonwealth Ombudsman’s office investigates complaints about the actions of Australian Government agencies. However, under our legislation we cannot investigate the actions and decisions of the Minister, therefore we cannot assist you with this matter. You can view a copy of our Service Charter and our brochure Making a complaint to the Ombudsman, which explain the Commonwealth Ombudsman’s role in more detail at http://www.ombudsman.gov.au.

We have noted the details of your complaint and have included the issues you have raised with those of several other similar complaints that we have received about this matter. As the Ombudsman’s office is already considering how these issues might be addressed at a more general level, we will not be investigating your complaint. If we are able to achieve any changes to the priority processing directions, DIAC will advise you about any change and any action you might need to take.

If you wish to seek advice on your migration options, you may consider engaging the services of a registered Migration Agent. Details of registered Agents are available on the Office of the Migration Agents Registration Authority’s (OMARA) website: www.mara.com.au.

Thank you for taking the time to raise this matter with us. If you want to discuss this further, please contact me using the details at the end of this email.

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Guest Gollywobbler

Hi Wannabeoz

 

I'd write back. It is highly unlikely that the Minister made Direction 40 out of the blue, off his own bat, contrary to advice given by DIAC or in the absence of advice given by DIAC.

 

Since DIAC guides the Ministerial Pen, complain about Andrew Metcalfe's actions in the alternative to complaining about the Minister's actions. Andrew Metcalfe is the Secretary (CEO) of DIAC.

 

I wouldn't let the Ombudsman split this particular hair.

 

Cheers

 

Gill

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Guest guest17301

So I saw on this thread that the reuse of medicals ie 457-PR was going to be phased out on the 9th Nov. I though I'd call DIAC to see if they could tell me if mine would be affected (I have meds from my 457 valid till mid Nov) Took me 10 mins to get through and the very nice lady I spoke to said that she thought Drs and nurses were exempt from the changes. All well and good if they look at my file before my meds expire!! I tried to get some indication of processing times from her...she either didn't know or was just being cagey but she said she didn't think that they were on late Sept non sponsored CSL's yet.

 

Then...I checked my status page after the call (for the 3rd time today) and it says 'application being processed further'!! now I don't want to get excited because I'm thinking does this automatically appear when someone looks at your file? ie after my phone call? Help..it's driving me mad!!:goofy:

__________________

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So I saw on this thread that the reuse of medicals ie 457-PR was going to be phased out on the 9th Nov. I though I'd call DIAC to see if they could tell me if mine would be affected (I have meds from my 457 valid till mid Nov) Took me 10 mins to get through and the very nice lady I spoke to said that she thought Drs and nurses were exempt from the changes. All well and good if they look at my file before my meds expire!! I tried to get some indication of processing times from her...she either didn't know or was just being cagey but she said she didn't think that they were on late Sept non sponsored CSL's yet.

 

Then...I checked my status page after the call (for the 3rd time today) and it says 'application being proessed further'!! now I don't want to get excited because I'm thinking does this automatically appear when someone looks at your file? ie after my phone call? Help..it's driving me mad!!:goofy:

__________________

 

You're on the CSL, not surprising if your application is being looked at.

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Below what I've received from ABC radio:

 

Dear McKlaut

Thanks for your email. As it happens we are going to discuss this very issue on our National Interest program this Friday 30 October (repeated midday Sunday 1 Nov). I'd encourage you to listen to the program and to respond to via our online guest book or feedback line.

Regards

 

Peter Mares

Presenter The National Interest

ABC Radio National

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Guest stillwaiting79
Below what I've received from ABC radio:

 

Dear McKlaut

Thanks for your email. As it happens we are going to discuss this very issue on our National Interest program this Friday 30 October (repeated midday Sunday 1 Nov). I'd encourage you to listen to the program and to respond to via our online guest book or feedback line.

Regards

 

Peter Mares

Presenter The National Interest

ABC Radio National

 

what exactly will be discussed?

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Guest proud2beaussie
Below what I've received from ABC radio:

 

Dear McKlaut

Thanks for your email. As it happens we are going to discuss this very issue on our National Interest program this Friday 30 October (repeated midday Sunday 1 Nov). I'd encourage you to listen to the program and to respond to via our online guest book or feedback line.

Regards

 

Peter Mares

Presenter The National Interest

ABC Radio National

 

That is EXCELLENT,Radio National has a huge audience and if they are going to cover this issue then you have possibly the best opportunity so far to bring the issue to the attention of the public at large.

I suggest everyone affected take the chance to provide feedback as advised.

This may really be an effective way of getting your opinions heard.

Well done to Mcklaut to pursuing this avenue of protest.:yes:

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