Changes to MODL - 8 Feb 2010

[Guest bilaln30]

I think Australia is becoming worse in its immigration BUT Canada is equally bad. Last year, the Canadian immigration made a retrospective immigration policy change that affected those already submitted their PR application. I was one of the victim. When i submitted my application, my skill was on the SOL equivalent. However, months later, they announced a new list that applies retrospectively to those applications submitted months ago !! Talking about respecting people and treating fairly, Canadian immigration has a lot to learn too.

 

Canadians announced to change their occupation list in first quarter of 2008 and they actually did that in Dec, 2008. They gave ample warning before making these changes.

 

Since the change there has been no change in 38 occupations.

 

I think Canadians are much much better then Aussies.

[Guest dragsterwish]

Canadians announced to change their occupation list in first quarter of 2008 and they actually did that in Dec, 2008. They gave ample warning before making these changes.

 

Since the change there has been no change in 38 occupations.

 

I think Canadians are much much better then Aussies.

 

Canadian announced that they would be changing the list but the list was only known later. This is similar to Oz's case. They have announced the new SOL would be out and it would only be known later. Both gave advance warning.

 

However, for Canada immigation, when the new list was out, the implementation date was set retrospectively at a much earlier date(Feb 27 2008). Whereas OZ assures that the new SOL only applies to those who applied after it is out. In this aspect, i think Canadians are much worse than Aussies.

 

However, Aussies immigration are no angels too. The sudden revocation of the MODL and the cease & capped of 2007 applications are sudden killers. The change in priority processing is also unfair especially to those already getting their PR. The goal poles for them have suddenly shifted when its so close to them.

 

Thus, i think Canadians not much better than the Aussie immigrations.

[Guest shaman]

Dear Sam,

I am also at the same stage. My CO also asked me to amend Form 80 on 6 Feb. Form 80 is for 'Character Checks". Most probably they are carrying your Character Checks. How they carry out these checks, nobody knows.

 

I know two cases who were asked to amend Form 80 in Nov, 2009 and still no visa.

 

I hope that u get visa soon

Regards,

Bilal

 

 

Hi Bilal,

 

What is the status of your rest of the documents, is it " required or " met" ?

 

thanks

[Guest shaman]

Canadians announced to change their occupation list in first quarter of 2008 and they actually did that in Dec, 2008. They gave ample warning before making these changes.

 

Since the change there has been no change in 38 occupations.

 

I think Canadians are much much better then Aussies.

 

I couldn't agree with you more.

Canada has been having a very humane immigration policy,which ensure changes does not effect the applications that are on the pipeline.

 

My occupation is on the 38 list I wish I did apply to canada but then again there are two things which stops me from doing so

 

A ) I am stuck with DIAC as already have invested over US$ 10.000

B) Canadian Weather

[Guest dragsterwish]

I couldn't agree with you more.

Canada has been having a very humane immigration policy,which ensure changes does not effect the applications that are on the pipeline.

 

 

 

Not totally true. The 38 list was stable after the 27 Feb 2008 change. Prior to that, Canada also has another much wider list. Then they announced that the list was going to change but not much people can do about it b'cos nobody knows what was going to change. Just like Aussie case now... nobody knows what the new SOL is going to be like but there are hints that its is going to focus on higher skill labour.

 

And when Canada announced the 38 list, it applied to applications that have already been submitted and on the pipeline! It stated that those applications that do not meet the criteria would be refunded. (something Aussie should learn!) My application which was submitted months before the announcement when my skill was still on the Canadian SOL then suddenly became not recognisted due to a new list which came about many months later! This is retrospective legislation at its worst!

 

Talking about being humane and fair, i cannot agree that Canada immigration is much better than Aussie. I can only say that both countries has their own concerns to take care of and they chose to do it in a way that best address their concerns.

[Guest Aslan]

Hi Bilaln,

 

My CO asked me for Form 80 when he first communicated with me last May 2009. Then after I submitted the form, I didn't hear from her again until 9/23 blast. I still email her but no response at all.

 

May I know your team no.?

 

thanks and regards,

Aslan

 

Dear Sam,

I am also at the same stage. My CO also asked me to amend Form 80 on 6 Feb. Form 80 is for 'Character Checks". Most probably they are carrying your Character Checks. How they carry out these checks, nobody knows.

 

I know two cases who were asked to amend Form 80 in Nov, 2009 and still no visa.

 

I hope that u get visa soon

Regards,

Bilal

[Guest samra138]

Dear Sam,

I am also at the same stage. My CO also asked me to amend Form 80 on 6 Feb. Form 80 is for 'Character Checks". Most probably they are carrying your Character Checks. How they carry out these checks, nobody knows.

 

I know two cases who were asked to amend Form 80 in Nov, 2009 and still no visa.

 

I hope that u get visa soon

Regards,

Bilal

 

Hello Bilaln,

i am just worried that in next July, they remove my asco code(2231-79) from the new skills list and my application will not be any more in priority.

So I was in Priority then lost it then make new assessment to get it again and probably next July I might lose it :arghh:

 

BR,

Sam

[Guest bilaln30]

Hi Bilal,

 

What is the status of your rest of the documents, is it " required or " met" ?

 

thanks

 

It is still required. Even those documents like IELTS which I submitted long time ago. Also medicals, which I know are finalized, are not showing finalized against each applicant except one of my sons.

 

What about you????

[Guest bilaln30]

Hi Bilaln,

 

My CO asked me for Form 80 when he first communicated with me last May 2009. Then after I submitted the form, I didn't hear from her again until 9/23 blast. I still email her but no response at all.

 

May I know your team no.?

 

thanks and regards,

Aslan

 

Dear Aslan,

I personally know two applicants in my country who were asked to amend Form 80 in last quarter of 2009 before medicals. The CO has not asked them to do medicals till date.

 

Mine case is bit different. I got first CO on 5 Aug who asked me to do medicals along with submission of Form 80. I did medicals and PCC, by 23 Sep. Then most probably my CO got de assigned, since I did'nt do any correspondence.

 

Then suddenly on 12 Jan, 10 my agent told me that my case reprocessing has recommenced and certain internal checks are in progress. She further told me that these are Character Checks and are not related to employment etc and would take 3 months or more.

 

Then again on 6 Feb my agent told me that CO has asked me to do some amendments in Form 80 and send me back ASAP. I sent my Form 80 back over the following weekend but then came 8 Feb. Neither me nor my consultant told me what's the status of my application now.

 

She(my agent) sent me an email on 8 Feb describing the changes. Pertinent lines for information of all PIO members are reproduced below:

 

" As at the 8 February 2010, the minister is yet to approve any state migration plans. I spoke to the Victorian State Government today to see if they have any further information about this “new” state migration plan however they are not familiar with this new piece of legislation. Presumably, the Minister will either approve / disapprove the state / territory skills shortage lists as they currently stand, or seek to approve a revised state / territory skills shortage list based on the nation’s skill shortage needs. I have left a message with the Director of the Skilled Migration Unit in Canberra to call me to discuss these new changes.

The processing time of your GSM application may be further affected due to these new changes. Considering that your case manager has already implemented final checks on your person, I would hope that this would not be the case. "

 

Regards,

Bilal

[Guest bilaln30]

Hello Bilaln,

i am just worried that in next July, they remove my asco code(2231-79) from the new skills list and my application will not be any more in priority.

So I was in Priority then lost it then make new assessment to get it again and probably next July I might lose it :arghh:

 

BR,

Sam

 

Dear Sam,

I think if your case is in very final stages like Internal checks or external checks then probably they wont stop ur processing even if you are not qualifying in SOL.

 

What stage is your application???

 

Regards,

Bilal

[Guest Gollywobbler]

If you don't know much about DIAC and their rules, it is better to say nothing.

 

I'm an Offshore pre-september 2007 applicant who have been living in Australia for 3 years and for them, It doesn't count as I have just studied short courses in order to wait for the visa I'm never going to get. Now I can't reapply as I lost my work experience.

 

I totally disagree with you in both of your comments.

 

Hi Dasalcedo

 

As of today, Thursday 18th Feb 2010, it appears that DIAC have decided to "show some decency" in situations like yours.

 

For "show some decency" I think we can safely raad:

 

1. Avoid very messy, expensive and high profile litigation which the Minister for Immi has been warned that he might lose;

 

2. Avoid scenes on the steps of Parliament House in Canberra which would attract adverse media attention throughout Australia and elsewhere in the world during a General Election year in Australia; and

 

3. Have sane people asking why DIAC is suddenly staging a climb-down and back-track only 10 days after advising the Minister for Immigration to go ahead with the sweeping claims that he made on the DIAC website on 7th Feb, in his speech on 8th February and to the Senate Estimates Committee on 9th February.

 

However please see George Lombard's post of today on this thread:

 

http://www.pomsinoz.com/forum/migration-issues/78424-thread-agents-only-re-new-gsm-changes-3.html

 

It appears that you and others like you will be let off the hook.

 

According to George, you are to "contact DIAC immediately", please.

 

The only problem with that notion is that there is no senior DIAC Officer whom you can contact because David Wilden in London is the only senior DIAC Officer who has been instructed to look after the interests of applicants for visas.

 

Since DIAC have not "shown the decency" to appoint a senior DIAC Officer in Australia to safeguard your interests, I would suggest that you contact David Wilden in London instead. That way, at least that a senior DIAC Officer - not just a lowly little junior clerk who may or may not understand your own situation properly - will be notified of your name, visa details etc by you and can ensure that your situation is not overlooked by mistake.

 

Mr Wilden is DIAC's Regional Director for Europe, based at Australia House in London, so at least he is suitably senior to look after you properly. I have been nagging Mr Wilden for a good 3 months to get other senior DIAC Officers involved, all of them looking after different groups of the applicants. I have had no feedback and no indications that this is being done or even arranged, so I suggest that all the applicants in your situation should nag Mr Wilden yourselves instead and as well until he and the other senior Officers within DIAC get the message that visa applicants are NOT cattle and that leaving them in the hands of very lowly junior clerks simply will not do. There is too much risk that a junior clerk will make a mistake whereas there is every probability that a senior DIAC Officer will get it right, in my view.

 

Dasalcedo, please click on my user-name to the left of this post. A drop down menu will appear. Please could you select the option to send me an e-mail? An e-mail, not a private message. I will then reply to you by e-mail with the contact details for Mr Wilden.

 

Many thanks :notworthy:

 

Gill

[Guest samra138]

Dear Sam,

I think if your case is in very final stages like Internal checks or external checks then probably they wont stop ur processing even if you are not qualifying in SOL.

 

What stage is your application???

 

Regards,

Bilal

 

Hi Bilal,

I sent to my CO asking about the status of my application and they send me the following template:

 

At present your application is undergoing checks which are part of the

routine processing of visa applications. Unfortunately, ensuring all

the legal requirements are met in relation to an application can take

some time. In particular, it can take several months to gain any

necessary character, national security or other checks or clearances

from other agencies.

 

The case officer is following up on the status of your case on a regular

basis to ensure it is being processed as soon as practicable. You will

be contacted if we require more information when they proceed with

processing your application.

 

What do you think?

 

BR,

Sam

[McKlaut]

Hi Bilal,

I sent to my CO asking about the status of my application and they send me the following template:

 

At present your application is undergoing checks which are part of the

routine processing of visa applications. Unfortunately, ensuring all

the legal requirements are met in relation to an application can take

some time. In particular, it can take several months to gain any

necessary character, national security or other checks or clearances

from other agencies.

 

The case officer is following up on the status of your case on a regular

basis to ensure it is being processed as soon as practicable. You will

be contacted if we require more information when they proceed with

processing your application.

 

What do you think?

 

BR,

Sam

 

They've been making my "routine character checks" ever since August 2009 and I have no idea when they finish. Until that time a case is not "decision ready" and is subject to any retrospective changes in Aus migration.

[Guest samra138]

They've been making my "routine character checks" ever since August 2009 and I have no idea when they finish. Until that time a case is not "decision ready" and is subject to any retrospective changes in Aus migration.

 

Hi Mcklaut,

Are you under Cat 5 or Cat 3?

[McKlaut]

Hi Mcklaut,

Are you under Cat 5 or Cat 3?

 

Generally speaking Cat 5.

However, in my situation even if I was in cat2 they would not be able to make it faster because ASIO (the agency that makes these checks) have limited options to compel my local government to produce the answer to their request.

 

I know another applicant from my country (belongs to CSL cat.4) who's been waiting since August too and the last reply from ASIO says "delay in finalising". Which means the checks come out the normal time frame.

 

In fact, I think it's not right that our freedom depends on my local gov. but I don't see what I can do except just to wait.

[Guest AffectedByNewRule]

Right, as my name suggests, am in the same boat as most of you. Was happily cruising along with 130 points and CSL, now overnight am down to 115 points. I have another option - I could apply for 176, sponsored by my husband's brother who lives in Australia. The problem is that my husband cannot apply as he is in the armed forces. He will be resigning in June and it could take a couple of months to get a discharge after that. I was planning to apply first under 175 CSL for myself and my child and then sponsor him on a spouse visa once he got his discharge.

 

Is it possible to apply for 176 without including my spouse in the application, given that his brother's sponsorship is required?

 

Thank you!

[George Lombard]

Dear ABNR,

 

There are assumptions in your post that I'm not sure are justified - in particular I don't understand why your husband can't be included in your application, and I'm also unclear as to why you don't mention state sponsorship as an alternative. I think that for most CSL cases it won't matter so much since the structure of the new SOL will probably benefit you.

 

Regards,

 

George Lombard

[Christopher McGrath]

Right, as my name suggests, am in the same boat as most of you. Was happily cruising along with 130 points and CSL, now overnight am down to 115 points. I have another option - I could apply for 176, sponsored by my husband's brother who lives in Australia. The problem is that my husband cannot apply as he is in the armed forces. He will be resigning in June and it could take a couple of months to get a discharge after that. I was planning to apply first under 175 CSL for myself and my child and then sponsor him on a spouse visa once he got his discharge.

 

Is it possible to apply for 176 without including my spouse in the application, given that his brother's sponsorship is required?

 

Thank you!

 

Include your husband. You have to include him in the forms in any case, but include him as an applicant. If you arec granted your visas before he is demobbed, you can travel without him first and he can follow. Doing it the other way is very messy and costly and not necessary.

 

Cheers

[Guest AffectedByNewRule]

Thank you for your prompt responses. The thing is, hubby cannot apply for PCC/certificate/get any kind of letter from the Indian army unless and until he resigns and gets an official military discharge. At least this is what we were advised.

 

Regarding SS, thanks for the heads up on that. Never thought about this as an option and only looked at the family route as a fallback.

[George Lombard]

Dear ABNR,

 

The Indian army clearance is a time of decision criterion. No problem...

 

Cheers,

 

George Lombard

[Guest bilaln30]

Hi Bilal,

I sent to my CO asking about the status of my application and they send me the following template:

 

At present your application is undergoing checks which are part of the

routine processing of visa applications. Unfortunately, ensuring all

the legal requirements are met in relation to an application can take

some time. In particular, it can take several months to gain any

necessary character, national security or other checks or clearances

from other agencies.

 

The case officer is following up on the status of your case on a regular

basis to ensure it is being processed as soon as practicable. You will

be contacted if we require more information when they proceed with

processing your application.

 

What do you think?

 

BR,

Sam

 

Dear Samra,

Undoubtedly Mckault knows the rule of the game much better then me. But each applicant has varying experiences and pathways to visa.

 

However, in my opinion your application is in very final stages and wont be affected retrospectively now. I think hopefully your checks would take about 3 more months from the date of initiation. This is what my agent advised me. Dont worry hopefully things would turn right for you. Also given your situation,you cannot do much about anything related to your visa now. So sit tight and relax.

 

Regards,

Bilal

[Guest bilaln30]

Right, as my name suggests, am in the same boat as most of you. Was happily cruising along with 130 points and CSL, now overnight am down to 115 points. I have another option - I could apply for 176, sponsored by my husband's brother who lives in Australia. The problem is that my husband cannot apply as he is in the armed forces. He will be resigning in June and it could take a couple of months to get a discharge after that. I was planning to apply first under 175 CSL for myself and my child and then sponsor him on a spouse visa once he got his discharge.

 

Is it possible to apply for 176 without including my spouse in the application, given that his brother's sponsorship is required?

 

Thank you!

 

Hire a good, well reputed MARA Agent. Aus is not easy as Canada to apply at your own.

[Guest samra138]

Dear Samra,

Undoubtedly Mckault knows the rule of the game much better then me. But each applicant has varying experiences and pathways to visa.

 

However, in my opinion your application is in very final stages and wont be affected retrospectively now. I think hopefully your checks would take about 3 more months from the date of initiation. This is what my agent advised me. Dont worry hopefully things would turn right for you. Also given your situation,you cannot do much about anything related to your visa now. So sit tight and relax.

 

Regards,

Bilal

 

Hi Bilal,

Since last August 2009, When I sent PLE, I got the following reply.

Now I am wondering if it is the same as the one above which I received recently because both of them are speaking about CHECKS

If yes, then They have been checking since August till now.

Please let me know your opinion.

 

"At present your application is undergoing routine processing.

Unfortunately, ensuring all the legal requirements are met in relation to

an application can take some time.

 

The case officer is following up on the status of your application on a

regular basis to ensure it is being processed as soon as practicable. You

will be contacted if we require additional information to process your

application.

 

We appreciate your patience in this matter."

[McKlaut]

Hi Bilal,

Since last August 2009, When I sent PLE, I got the following reply.

Now I am wondering if it is the same as the one above which I received recently because both of them are speaking about CHECKS

If yes, then They have been checking since August till now.

Please let me know your opinion.

 

"At present your application is undergoing routine processing.

Unfortunately, ensuring all the legal requirements are met in relation to

an application can take some time.

 

The case officer is following up on the status of your application on a

regular basis to ensure it is being processed as soon as practicable. You

will be contacted if we require additional information to process your

application.

 

We appreciate your patience in this matter."

 

Looks like almost the same. Taking into account the length of time they make "routine processing" and the "legal reguirements" I'd say these are ASIO's checks.

 

I'd ask the CO about the time when the external checks have been started. They should answer such simple question.

[Guest samra138]

Hi Mckult,

Is there a difference between words:

internal checks

external checks

routine checks

undegoing checks

 

BR,

Sam