Richard Gregan Posted February 8, 2010 Share Posted February 8, 2010 With a health warning that no one will know what the new list will look like, I believe that to lodge as sson as possible is the best course of action for those who have not already done so. Question 12 on the Department's announcement says: IF I apply for a GSM visa in April 2010, will I be subject to the new SOL. A: No, as the new SOL does not commence until 2010. Link to comment Share on other sites More sharing options...
Guest kevindo Posted February 8, 2010 Share Posted February 8, 2010 Hey Gill, Thank you for being so helpful. My first post here as i was shocked by the ridiculous policy which the DIAC adopted last night. Firstly, feel very very sorry for those sept 07 applicants. Aren't they have some legitimate ground for them to sue the stupid Aussie DIAC? Yes, the so-called S39 did say those applicants are considered as "being taken as a decision not made". But that doesn't automatically bring them to a rejection with the free will from that arrogant immigration minister, does it? The minister is maliciously elaborating this section only in favour of "Australian interest" for which he thinks he is guarding . Isn't this decision considered as retrospective? Then, further up, if those applicants, especially those with family sponsor in Australia who can bring DIAC against in Migration Court, give up their ultimate trying and let it be? Will the Aus DIAC apply the same rule for us- poor applications awaiting decision in the pipeline? If so, do we have the legitimate ground to sue them as we are onshore applicants? None of us would want this to happen although we are not afraid of being stoodp opposite to DIAC on court. Besides, as the DIAC has announced the new prioritising orders, and meanwhile revoked the MODL, does it mean that, as all applicants are continously affected by the prioritising policy, now those applicants used to be on MODL are now considered as same as applicants in Cat 7, until at least before the new MODL will released later? Thank you for your attention. Link to comment Share on other sites More sharing options...
Guest Elena Posted February 8, 2010 Share Posted February 8, 2010 Hello everyone, Help me please. I understand ... (read "I hope") that the Minister will set some limit of visas for those who applied before 1 September 2007. Is that right ? Or ALL applications lodged before September 1, 2007 will have to be withdrawn ? There is no more information about "the cap" ... However, some newspapers write that ALL applications lodged before September 1, 2007 are going to be in refuse bin. If there is any information about the criteria and amount of visas ("before 1september") which will be processed? Thankyou. Link to comment Share on other sites More sharing options...
mlsdq Posted February 8, 2010 Share Posted February 8, 2010 I have the feeling that the State Migration Plan list will detail all the occupations of those who were given state sponsorships and whose applications are not yet finalized so that they will clear the back log (since cat 5 was originally in cat 2 before sept 23) The question is, if such occupation was removed in State's SOL after you lodge the visa application, is it practical to put it back just to clear the back log? That's what I am afraid of. Still DIAC broke their promise no matter what they do. Link to comment Share on other sites More sharing options...
Guest kevindo Posted February 8, 2010 Share Posted February 8, 2010 Dear Elena. I feel great sorrow for you if you were one in the Sept 07 Group. It has not been clearly identified who will be lucky enough to be processed and granted as the DIAC did mentioned they will assigned some more "spaces" for the offshore applicants before Sept 07 Group. However, the rest of which will be eliminated, according what the DIAC announced.Those newspaper are trying to be eyecatching by using this overstated headlines- the clowns for the DIAC. Link to comment Share on other sites More sharing options...
B1K3R Posted February 8, 2010 Share Posted February 8, 2010 Hi, First of all, I want to thank all those who are helping others in explaining the changes and how they are affected. Its a difficult time to many so I just want to express my appreciation to all those who are helping others. Secondly, I just want to say how sad I am for those who have been effected badly. You surely are in my heart and mind. No words will help much but I believe that one has to look positively and hopefully there are better things waiting for them. Hopefully life took something from them which they wanted but will give them something better, time will tell... Thirdly, I cant believe that I followed my gut feeling and was "lucky" enough to apply a week go. Even though I don't know what will happen to my application, but I guess it should be OK in my case and from what I read... Just remember that where there is a will, there is a way. And also that its not always what we want is good for us, maybe life has a better plan for you. Follow your dreams and don't give up, I believe that everything happens for you at the right time. Well, at least that's what I learned from my experience. I have been trying to go to OZ since 2000 and hopefully one day will happen... Take care. B!K3R Link to comment Share on other sites More sharing options...
Guest Elena Posted February 8, 2010 Share Posted February 8, 2010 I'm absolutelly shocked. I've already done everything they wanted! And I am already in the CSL... <damn>...I have no words! Link to comment Share on other sites More sharing options...
Guest fat Posted February 8, 2010 Share Posted February 8, 2010 Hi Kelly I'm guessing but I think the way it will work is as follows: For the moment there are no new State Migration Plans, so I think the oridinary State sponsrorship lists will continue to apply. So will the current priority - Cat 5. The non-CSL Cat 5s won't be any worse off than now. There will eventually be two lists per State, I reckon. One will be the State Migration Plan, which will double as the State MODL for that State. Sydney does not need Brickies but Perth does, for example. If the main applicant's occupation is on the State Migration Plan for his sponsoring State, he will move up to the new processing priority Cat 2 and his application will then be processed really quickly. In addition, each State will have a new State sponsorship list. Getting the people with occupations on that out to Oz will still be important but not as important as getting the people on the State Migration Plan out to Oz asap. These people will remain in priority processing Cat 5. I don't think any of the Lists will be altered as far as the public are concerned until the new SOL is announced - which we are told will happen on 30th April at the latest. The Minister is likely to insist that current occupations on the CSL go into most (if not all) State Migration Plans. Each State will definitely end up with tw different lists, I reckon, because each State will also have two different processing priorities. One of the problems with the current CSL is that it claims that every type of Health Professional and most types of Engineer are needed everywhere in Australia. Which is rubbish. Sydney does not need the Health Professionals, even though other State capitals might need them. Sydney definitely doesn't need Mining Engineers either. There are no mines in the middle of Sydney. So a nurse or a Mining Engineer could use the current CSL in order to get to Oz quickly on a subclass 187 visa. In Oz, they both head for Sydney. Where the only job that either of them can get is by driving a taxi. It is ridiculous as things stand at present. Cheers Gill the DIAC website defines cat2 apps as ' Applications from people who are nominated by a state/territory government agency under a state migration plan agreed to by the minister' Doesn't seem like it''ll be two different lists me thinks.. More likely you'll need to satisfy certain conditions like good english, age, education, (specific) work experience etc to get onto the 'state migration plan agreed to by the little man' .. hell I wouldn't be surprised if he wants you to pay an extra 10 grand to get onto the 'state migration plan approved by his littleness' Link to comment Share on other sites More sharing options...
Guest samra138 Posted February 8, 2010 Share Posted February 8, 2010 Q 2 My nominated occupation is currently on the CSL. Will I continue to receive priority processing? Yes, priority processing arrangements for applications for permanent skilled migration will continue until they are reviewed in mid-2010. Hi Gill and all members, Does this means that by Mid-2010, they will stop this priority? BR, Sam Link to comment Share on other sites More sharing options...
Richard Gregan Posted February 8, 2010 Share Posted February 8, 2010 Interesting take on things from the BBC: http://news.bbc.co.uk/1/hi/world/asia-pacific/8503438.stm Link to comment Share on other sites More sharing options...
Graemsay Posted February 8, 2010 Share Posted February 8, 2010 I tried to post this last night, but the server was misbehaving. Removing the extra 15 points from being on the MODL strikes me as a way for DIAC to get rid of the 175 visa by the back door. It's now virtually impossible for a single migrant over 35 to get one. Gill's points about being able to rescue an application through a 176 are, I think, a reflection of what DIAC's policy is. They've been making noises for the past year that they prefer sponsored visas, and it fits into the desire to match immigrants and skills to jobs. Particularly when a large percentage don't follow their nominated career when they arrive. Incidentally, a friend said that there's some noises that the sponsored, provisional visas (he went over to Oz on a 457) might be on their way out. On a personal level, I think that the last six months have been a fantastic window of opportunity for individuals on the CSL to apply for a visa due to the extra points, and priority in the processing queue. Unfortunately that's now closed. B1K3R, I'm really glad to hear that you applied when you did, because I remember you saying that you might leave it for two or three months. Link to comment Share on other sites More sharing options...
ponnuvarun Posted February 8, 2010 Share Posted February 8, 2010 Hi All, Minister Strikes again!! Now State will play a major role in deciding migration numbers!! Also they want to reduce the old backlog... for applications received before sep 2007... the new rules.... they are update now... means they can say that.."we hold applications from Sep 2007 onwards only". Also old category Nos like 135, 136 etc is no more with the new rules. Because of the withdrawal of 15 MODL points.. some more 175 applicants also affected. I think applicants already got SS will not get much affected due to points reduction.. Another big blow is also coming.. may be by mid 2010. New SOL.... who knows what will be the occupations in the new SOL list which carry 60 points and 50 points.... Applicants like me with 60 point professions now may be converted to lower point professions!!! Me pertains to old Category 5 and was waiting for re allocation of CO. Lets pray to God that all of us will get our Visas before Mid 2010. Satish Link to comment Share on other sites More sharing options...
Guest mayonayes Posted February 8, 2010 Share Posted February 8, 2010 When we started the process of our 176 visa we were told by our agent that no visas would be looked at for 3 years we were using family sponsored. We lodged our application in Dec 09 with Vic state sponsorship non csl but modl and priority processing so my guess is priority processing cant possibly be 3 years? and reading the DIAC announcement on there website this morning does anyone else wonder if cat 5 will now be cat 2? Link to comment Share on other sites More sharing options...
libbysmum Posted February 8, 2010 Share Posted February 8, 2010 OMG! Such alot of info to get your head around!! From what I can see as we have already submitted our 175 visa our points etc seem to be safe. For the time being as we are classed as cat 6 we are really low in the pecking order. My worry now is the fact that individual occupations may well have a cap put on them in the future. If DIAC are going to do this I think it important that they become much more transparant with their figures, for example if a set number of visas are allowed for a particular occupation, it would be necessary for an applicant to know how many applications for this occupation are in the pipeline so to speak and how many places left. What might the logistics be in putting this methodology into action? Will DIAC accept applications until a quota is reached and then refuse future applications, or continue to keep taking applicants visa fees knowing full well that there are not enough visas to go around? Another money making initiative maybe!! I am concerned that we will be kept at the back of long queue indefinitely maybe even getting get our application "ceased" at a moments notice, just as the pre sept 2007 applicants have now. I want to offer my sympathy out to all those affected by todays announcement, I couldn't imagine having to wait for over 2 years, jump through hoops, spend lots of money whilst doing so only to be told to "bugger off" effectively. So sorry!! It just make you realise how easily this could happen to us a year or so down the line when goalposts are changed yet again! Everything about the visa process just seems so uncertain! Does anyone have any thoughts on whether it is possible that todays changes may well help shift any backlog in visa processing. Unscrupulously, 20000 are going to be scrapped, and the other changes regarding scrapping of the MODL and future revision of the SOL are likely to make potential applicants either think twice, or make it impossible points wise to gain a GSM Visa. Also there will be a delay in people lodging applications whilst trying to secure job offers (a very difficult process if offshore I would imagine!) and state sponsorship etc, both of which could be lengthy processes. How long is it taking at present for SS from the different states? Sarah Link to comment Share on other sites More sharing options...
gr8leo87 Posted February 8, 2010 Share Posted February 8, 2010 I'm ASCO Code 2211-11 (Accountant) and I'm on CSL as I have proficient IELTS result. I applied in mid of Janurary 2010. And I also got MODL points.. totalling my points to 140. Now, will I not get MODL points anymore since I have already applied? Or will I continue to be assessed as getting 140 points? Link to comment Share on other sites More sharing options...
Graemsay Posted February 8, 2010 Share Posted February 8, 2010 You will continue to get the MODL points, as your visa application has been submitted. Existing applications are unaffected. Besides, even if you lost them you'd still be on 125, which is above the passmark. :biggrin: Link to comment Share on other sites More sharing options...
McKlaut Posted February 8, 2010 Share Posted February 8, 2010 I have the feeling that the State Migration Plan list will detail all the occupations of those who were given state sponsorships and whose applications are not yet finalized so that they will clear the back log (since cat 5 was originally in cat 2 before sept 23) You might be right. But States can only propose such lists. And only the minister and the minister along will decide who these lists will include. Do you see the difference? "King of priorities" Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 For Virtual Bajwa All skilled visas are meant to have the criterion that " grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year", which then brings them under the Section 39 power for the Minister to "Cap and Kill". The 496 Designated area sponsored visa, used to be a permanent visa - subclass 139. For some reason, when the Subclass 496 replaced the 139 visa, the capping criterion was not carried forward by the drafter into the 496 regulations. Thus the 496 is the only skills visa that the Minister cannot cap under Section 39. I have read and re-read the legislation and I can't see it anywhere for the 496 visa. So good news for Virtual Bajwa, it would seem. Regards Tony Coates Link to comment Share on other sites More sharing options...
Guest wobob Posted February 8, 2010 Share Posted February 8, 2010 Removing the extra 15 points from being on the MODL strikes me as a way for DIAC to get rid of the 175 visa by the back door. It's now virtually impossible for a single migrant over 35 to get one. If you read the first reports detailing the proposed changes to the MODL and GSM programs which were released in Sept 2009 alongside the priority processing bombshell, I think think there's a lot of stress on attracting 'young highly skilled migrants'. Getting rid of MODL points effectively eliminates anyone over 35 as Graemesy says. I think Oz is having the same issue that a lot of countries are having with an ageing population - so they don't want older migrants bringing their health and pension issues along with them, as well as their skills. That's what struck me anyway. I really really sympathise with anyone who lodged pre-Sept 2007 or now finds they're falling short on the MODL and I hope the legal brains on here can come up with a way to help you. I think we would've been alright anyway but goddamn is the OH happy that I nagged him and nagged him to lodge his application last Thursday. Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 Just on the capping and Kill stuff again - as well as the Minister not being able to Cap and Kill pending 496 applications, the capping is done by visa class and/or subclass - so the Minister may decide to save 138 family sponsored applicants from the Cap - it would make sense as the sponsors have a vote. It would also make sense in view of the 496 problem. Regards Tony Coates Link to comment Share on other sites More sharing options...
gillandwayne Posted February 8, 2010 Share Posted February 8, 2010 Hi, I was wondering if Lisa has sat IELTS and if so how did she find it? I am about to set date to sit bit worried about it as I feel if I don't pass the move will be off. About to send for Visa, going on husbands as I havn't been qualified long enough and he has passed Vetassess. We are going for ss to Melbourne but would love Brisbane but Electrcians off the wanted list. Thanks Gill Link to comment Share on other sites More sharing options...
McKlaut Posted February 8, 2010 Share Posted February 8, 2010 Just on the capping and Kill stuff again - as well as the Minister not being able to Cap and Kill pending 496 applications, the capping is done by visa class and/or subclass - so the Minister may decide to save 138 family sponsored applicants from the Cap - it would make sense as the sponsors have a vote. It would also make sense in view of the 496 problem. Regards Tony Coates So, as far as I understand the minister have the right for capping a particular visa subclass but not a number of applicants for a particular occupation? Thus, now he wants to have such right to limit the number for every occupation. Am I right? What then? How will it works? People who are overlimit in an particular accupation will be treated as "no ever submitted" with VAC returned? Or just will be left to wait for another migration year with new quotas? Link to comment Share on other sites More sharing options...
shawankit Posted February 8, 2010 Share Posted February 8, 2010 So, as far as I understand the minister have the right for capping a particular visa subclass but not a number of applicants for a particular occupation? Thus, now he wants to have such right to limit the number for every occupation. Am I right? What then? How will it works? People who are overlimit in an particular accupation will be treated as "no ever submitted" with VAC returned? Or just will be left to wait for another migration year with new quotas? Certain occupations may be capped to ensure skill needs are met across the board. Amendments to the Migration Act will be introduced this year to give the Minister the power to set the maximum number of visas that may be granted to applicants in any one occupation if need be. This will ensure that the Skilled Migration Program is not dominated by a handful of occupations. Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 So, as far as I understand the minister have the right for capping a particular visa subclass but not a number of applicants for a particular occupation? Thus, now he wants to have such right to limit the number for every occupation. Am I right? What then? How will it works? People who are overlimit in an particular accupation will be treated as "no ever submitted" with VAC returned? Or just will be left to wait for another migration year with new quotas? It is going to take an amendment to the Migration Act to effect this. With the "Cap and Kill" being such a Draconian power, hopefully the Minister will take the smoother pathway of just amending the "Cap and Queue" power to include differentiation by Nominated Occupation. Regards Tony Coates Link to comment Share on other sites More sharing options...
B1K3R Posted February 8, 2010 Share Posted February 8, 2010 B1K3R, I'm really glad to hear that you applied when you did, because I remember you saying that you might leave it for two or three months. Thanks! I really really followed my gut feeling. Something was telling everyday..apply apply apply!..since I had everything ready. If it all works out, I might still have to go to validate the visa and come back (since i cannot move before summer 2011), but at least I might get it now... Guess its all about destiny. Cheers B!k3R Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.