Wolla Bolla Bing Bong Posted February 8, 2010 Share Posted February 8, 2010 What do I need to do now? We will always notify you immediately of any updates or changes that will affect you or your application, so we would appreciate your patience during this difficult time. Many thanks, Hi Waiting Game, I am in the same boat as you, your just a month ahead of me. I to received the same email you have from my agent but (probably cos its monday and I am still trying to wake up from the weekend) I still cant make heads or tails of the announcement. I did however read up regarding the State's trying to come to an agreement with DIAC, perhaps this could provide us with some hope for the future. In any case, its back to waiting again. :arghh: Cheers Matt Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 8, 2010 Share Posted February 8, 2010 Hi Jenny I don't think so - In my 24 years in the Migration Industry the cap and kill was only ever used once, and that was for Working Holiday visas. It is a very blunt instrument and the only reason DIAC could even consider using it for the skilled visas is that the visa subclasses all changed on 01 September 2007 - but the power is there to do what you have suggested. Regards Tony Coates Hi Tony According to DIAC's fact sheet - dated 28th September 2009 - the "Cap & Terminate" provision has only ever been used in connection with the Humanitarian Stream of visas: http://www.immi.gov.au/media/fact-sheets/21managing.htm Minister Evans was the Minister for Immi on 28th September 2009. According to DIAC, the Minister has said that the Cap & Terminate provisions would only be used in "exceptional circumstances." What is "exceptional" about the present circumstances? Senator Evans was sworn in as the current Minister for Immi on 3rd December 2007 - over 2 years ago. According to his press release, the 20,000 visa applications that he is suddenly trying to get rid of were all made prior to 1st September 2007. http://www.minister.immi.gov.au/media/media-releases/2010/ce10006.htm Therefore if the circumstances are "exceptional" today - in 2010 - they must have been equally "exceptional " in Feb 2008 and Feb 2009, surely? How come it has taken until Feb 2010 for circumstances which have not changed to have become "exceptional" suddenly? It might be "expedient" for him to get rid of 20,000 applications in the backlog, suddenly. However not even the Maquarie Dictionary would claim that "expedient" and "exceptional" mean the same thing, surely? Cheers Gill Link to comment Share on other sites More sharing options...
matjones Posted February 8, 2010 Share Posted February 8, 2010 It might be "expedient" for him to get rid of 20,000 applications in the backlog, suddenly. However not even the Maquarie Dictionary would claim that "expedient" and "exceptional" mean the same thing, surely? One could argue that the huge backlog didn't exist in 2007, and its growth over the past 3 years has pushed it to the "exceptional" status. However just wondering, does this helps speed anything up in terms of processing? Would these applications have been thrown into priority #7 following Sept '09? are chopping applicants from the end of a list that wasn't even been looked at? Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 Hi Gill I don't remember the Humanitarian stream being Capped under Section 39, but I do remember the Working Holiday visa being so - it would have been some time in the nineties - so the fact sheet is inaccurate. I don't want to be seen as defending DIAC on this but there is no "exceptional" requirement for invoking Section 39 power - the power is absolute. It is exceptional, in my opinion, that DIAC have allowed the program to overrun for so long - or maybe it is par for the course. I agree, my description would be Expedient and opportunistic. Regards Tony Coates Link to comment Share on other sites More sharing options...
Guest goxian Posted February 8, 2010 Share Posted February 8, 2010 Hi all, Anyone have idea how will state migration plans look like? Maybe provisional visa for those with occupation in demand and with lowered IELTS requirement? Link to comment Share on other sites More sharing options...
McKlaut Posted February 8, 2010 Share Posted February 8, 2010 I guess, if they just allowed people to withdraw their applications voluntary with VAC being compensated, as it was asked many times by applicants, they would clean backlog in no less numbers. And there would not be so many dissapponted people. However, it would create unforeseeable consequences for DIAC which they were afraid of. So, they again choose make it at applicants expence. I appreciate the opinion that Tony Coates gives us but I think this minister and current migration situation are just tooooooo unpredictable. They don't ever care about applicants. They think about us like soulless numbers with money so such capping may appear once again if it suit current needs of the minister or someone else. I wish somebody on EU side make a tough statement in protection to their citizens against such misstreatment. Link to comment Share on other sites More sharing options...
Guest kerripluples Posted February 8, 2010 Share Posted February 8, 2010 Hi Wonder if anyone can shed any light. We currently have a 175 visa in place, and are due to move to Oz in April. However my sister who is a hairdresser was requested to go for her medicals and police checks in Feb 09, had her application put on hold until at least 2012. As only CSL were being dealt with. Do these new changes speed up her application, or will the dates remain the same, it is all very confusing ??????? Link to comment Share on other sites More sharing options...
matjones Posted February 8, 2010 Share Posted February 8, 2010 Hi all, Anyone have idea how will state migration plans look like? Maybe provisional visa for those with occupation in demand and with lowered IELTS requirement? If they change IELTS requirements at all then I would assume it would get more strict. They want a narrower, more skilled, pool of applicants. I would think that the new state migration plan occupations wouldnt be too much different than the current lists the states are willing to sponsor. After all, they have already identified these as being in demand. However, DIAC may set their own limits and requirements. Maybe they will limit the totoal number of occupations a state can submit? Or maybe the have the power to veto professions on the list that they don't see as being beneficial? Who knows... all we can do is wait. Link to comment Share on other sites More sharing options...
matjones Posted February 8, 2010 Share Posted February 8, 2010 Hi Wonder if anyone can shed any light. We currently have a 175 visa in place, and are due to move to Oz in April. However my sister who is a hairdresser was requested to go for her medicals and police checks in Feb 09, had her application put on hold until at least 2012. As only CSL were being dealt with. Do these new changes speed up her application, or will the dates remain the same, it is all very confusing ??????? Is she 175 too? or state sponsored 176? Link to comment Share on other sites More sharing options...
McKlaut Posted February 8, 2010 Share Posted February 8, 2010 Hi all, Anyone have idea how will state migration plans look like? Maybe provisional visa for those with occupation in demand and with lowered IELTS requirement? I think right now nobody knows it for sure. However, if we try to read the minister statement attentively: Individual state and territory migration plans will be developed so they can prioritise skilled migrants of their own choosing. This recognises that each state and territory has different skills requirements. For example, Western Australia may have a shortage of mining engineers while Victoria may have a requirement for more architects. Under the new priority processing arrangements, migrants nominated by a state and territory government under their State Migration Plan will be processed ahead of applications for independent skilled migration. You see? Migrants, not accupations. So, it might be a list of aprticular applicants not just certain occupations. It's just my huble guessing and I'm not sure we can trust this wording but we can think about. Link to comment Share on other sites More sharing options...
matjones Posted February 8, 2010 Share Posted February 8, 2010 I You see? Migrants, not accupations. So, it might be a list for aprticular applicants not just certain occupations. It's just my huble guessing and I'm not sure we can trust this wording but we can think about. I thought the same thing. This, however, would lead to a lot of begging phone calls to the SS offices, offering their first born child in exchange for being added to priority #2 :biggrin: Link to comment Share on other sites More sharing options...
McKlaut Posted February 8, 2010 Share Posted February 8, 2010 I thought the same thing. This, however, would lead to a lot of begging phone calls to the SS offices, offering their first born child in exchange for being added to priority #2 :biggrin: Oh yes... :wacko: We might face a realy mad times. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 8, 2010 Share Posted February 8, 2010 One could argue that the huge backlog didn't exist in 2007, and its growth over the past 3 years has pushed it to the "exceptional" status. However just wondering, does this helps speed anything up in terms of processing? Would these applications have been thrown into priority #7 following Sept '09? are chopping applicants from the end of a list that wasn't even been looked at? Hi matjones I'm not a migration agent and I've never been enmployed as one or by one. I merely watch the game as an observer. My close family live in Oz but I've never wanted to live there myself. I am still completely confused by the new changes. I'm also completely FURIOUS that the Minister could be so bloody cavalier as to trash the hopes and dreams of more than 20,000 people such as Virtual Bajwa just because it suddenly suits the Minister to dump 20,000 of the applications in the backlog. VB's brother lives in Australia. That fact means nothing according to Minister Evans. Is the man quite bonkers? I've had the knives out for that horrible man Evans for some months now. To start with he was a breath of fresh air but too much power has gone to his head imho. If I were Krudd, I'd get rid of Evans before the latter gets a chance to get the BBC News in the UK to report on his antics ever again. Today's news on the Beeb will do more than anything else ever will to persuade the British people that Australia is not a country that can be trusted. It used to be a trustworthy, far dinkum sort of a place but Evans has now proven that all that was some time ago. To answer your question, yes. If gets rid of 20,000 applications in the backlog, it will affect all visa classes in the GSM part of the Skilled Stream. To the extent that getting rid of 20,000 will speed things up for the remaining applicants, my view is that it won't do so to any great extent. DIAC is constrained by its budget and Krudd - like all world leaders - demands that the public service cuts its budget. The ASPC runs with a surprisingly small number of staff. Some of them will have to be diverted to returning applications (almost all of them paper applications) organising refunds etc. So fewer staff will be available to continue with visa processing. The ASPC was re-organised in Jan 2009, March 2009 and September 2009. Each time the reason was to cope with the latest (then new) demands from the Minister. It takes at least a month to do it each time. Now they have to re-organise the whole place again so as to cope with his latest demands. He has made it clear (this time, for a change) that his latest demands are only temporary. So the re-organisation will also only be temporary and will have to be changed yet again when the man makes his 5th set of demands in 18 months. If I worked for the ASPC, I'd be looking for a new and better-paid job, frankly. Cheers Gill Link to comment Share on other sites More sharing options...
Guest kerripluples Posted February 8, 2010 Share Posted February 8, 2010 Hiya She is on a 175 visa !! Cheers Link to comment Share on other sites More sharing options...
matjones Posted February 8, 2010 Share Posted February 8, 2010 Hiya She is on a 175 visa !! Cheers Unfortunately, without SS she will remain at priority 6 i believe, which is still expected to be 2012 at earliest. Link to comment Share on other sites More sharing options...
Guest kerripluples Posted February 8, 2010 Share Posted February 8, 2010 Oh no thanks xxx Link to comment Share on other sites More sharing options...
Guest bilaln30 Posted February 8, 2010 Share Posted February 8, 2010 I got the following response from my consultant. I thought it might help someone: "Applications nominated by a state / territory agency under a state migration plan agreed to by the minister. 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." Comments/ Suggestions are welcome. Link to comment Share on other sites More sharing options...
neilharrison_253 Posted February 8, 2010 Share Posted February 8, 2010 Hi Gill The MODL was revoked today but a "new" MODL also came into effect. The "new" MODL has all the same occupations on it, including the IT specialisations, but only certain applicants, who apply after 07th February 2010, can now score the extra 15 points. The CSL has not changed and if you apply on or after 08 February 2010 and nominate an IT specialisation on MODL, you will get Priority processing for being on the CSL, eventhough you no longer score the 15 points for MODL. So the problem is achieving the pass-mark before you even look at what processing priority you have. All new CSL applicants should be applying for State sponsorship to achieve the passmark and/or to keep some processing priority in case their visa is not granted before the the CSL is abolished. When the State Plans come out, there may be some way of getting a current State Sponsorship changed to a State Plan Sponsorship, even if it means applying again for the State Sponsorship. I would think the States would be keen to re-issue any State Sponsorships under the new State Plan, where the occupation allows, so they can get the required skills quickly. Regards Tony Coates Hi Can you please let me know where you found this NEW MODL as i am still awaiting my letter from ACS and due to make my application within next month. I have now been affected by the loss of those 15 points Regards Link to comment Share on other sites More sharing options...
Welshtone Posted February 8, 2010 Share Posted February 8, 2010 Hi Neil Try this link: http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/all/whatsnew/6C67C16B824536D2CA2576C100125856?OpenDocument Regards Tony Coates Link to comment Share on other sites More sharing options...
neilharrison_253 Posted February 8, 2010 Share Posted February 8, 2010 Hi Tony Am i missing something. I do not read anything within this that specifies you still get the 15points. This specifies the skills that have been dropped. Or am i missing something? Regards Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted February 8, 2010 Share Posted February 8, 2010 Hi Can you please let me know where you found this NEW MODL as i am still awaiting my letter from ACS and due to make my application within next month. I have now been affected by the loss of those 15 points Regards Hii Neil The guts of Tony's reply to me is that if you have not already made your visa application - which you clearly have not - then you will lose the 15 MODL points that you might have been counting on. To say that such an outcome is both bloody silly as well as illogical if someone is on the CSL goes without saying. The same thing is happening to Nurses as well, to judge from the numbers of both IT people and Nurses on the forums today. To take it to its logical extreme, the Brain Surgeon. If he is under 35, the loss of the MODL points won't matter to him because he'll get at least 120 points anyway, which is enough for the sc 175 visa. However if he is 35 or over then the older Brain Surgeon won't get enough points for a sc 175 visa unless he wastes time trying to make his writing legible so that he can pass the IELTS with flying colours. Therefore whilst the Brain Surgeon applies for State sponsorship somewhere in order to get round the problem, Aussies who need Brain Surgery urgently won't be able to get it unless the younger migrant has a go at it himself. Since the older man - who has been at it for longer - is bound to have more exoerience than the younger doctor, it seems to me that Minister Evans is willing to risk the lives of Australians for the sake of his own ideologies.... Cheers Gill Link to comment Share on other sites More sharing options...
Guest goxian Posted February 8, 2010 Share Posted February 8, 2010 Hm, They want to make migration acceptable in regard of state needs. That's why I thought they might bring some kind of provisional visa. Where is a difference between state sponsorhip and states plans? If ocupations remain same for both, everone will chose state plan, cause it is CAT 2. So, where could be difference? I would say it will not be points based, but have some requirements. For example, only for shortlisted occupations, with high demand in particular state. But, as getting it would be easier, possibly it will be provisional. Under such conditions, English wouldn't be of much importance. After period of employment, it would turn to permanent. This is similiar to ENS and RSMS - both satisfying employer needs; states needs has to be satisfied in occupatons most in demand. State sponsored provisional visa is regional, state sponsored requires recent experience and in broad range of occupations. In my opinion this visa will be similiar to ENS and RSMS. Link to comment Share on other sites More sharing options...
Guest bilaln30 Posted February 8, 2010 Share Posted February 8, 2010 Hello Gill, Is the new priority processing going to affect even those in very final stages? I mean DIAC initiated internal checks on me and I fulfill all other requirements (Meds + PCC all done and clear). Regards, Bilal Link to comment Share on other sites More sharing options...
Guest bebac30 Posted February 8, 2010 Share Posted February 8, 2010 I have already posted on other thread but maybe someone will be intresting on here also. This is from site http://www.liveinvictoria.vic.gov.au/about-us/news/2010/federal-ministers-announcement-on-gsm-visas State Sponsorship and State Migration Plans The Department of Immigration and Citizenship (DIAC) has indicated that, once the replacement SOL is introduced, state and territory governments may be able to sponsor applicants who have nominated an occupation in demand in individual states and territories. This includes occupations not included on the SOL replacement. These occupations will be identified in Victoria’s State Migration Plan. The Victorian Government is currently developing its state migration plan, which must be approved by the Federal Minister for Immigration, and information about the plan will be available on this website when it is finalised. As at 8 February 2010, the Minister for Immigration has not approved any state migration plans. In the meantime, please continue to refer to Victoria’s Eligibility Lists for occupations that are eligible for visa sponsorship from the Victorian Government. These occupations attract priority processing as follows: Third priority – if included on the Commonwealth Critical Skills List Fifth Priority – if not included on the Commonwealth Critical Skills List. Applicants with occupations that are not included on the Commonwealth Critical Skills List, or Victoria’s Eligibility Lists, should consider employer sponsorship visas under the Employer Nomination Scheme or the Regional Skilled Migration Scheme. Link to comment Share on other sites More sharing options...
Guest bebac30 Posted February 8, 2010 Share Posted February 8, 2010 Also, i have checked sites of other states, but there isn`t any news about today`s changes... Link to comment Share on other sites More sharing options...
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