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ok so will us 176 non ss non csl ever get there


mchugh1980

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Hi everyone

 

Well just thought i'd have a rant and see if anyone else is feeling the same as us!

 

Me and Hubby applied for 176 fam sponsored in Dec 2008, non state sponsored and non csl my skill is Business Info professional - computer support engineer (NEC)

 

We are getting a bit twitchy now as with DIAC ceasing to accept 176 visa's and the recent cap and cease protocol and my skill not been on any lists now were thinking we'll never get there!!!!. Is anyone else feeling that they will just carry that on and in 2010/2011 they will decide to 'cap and cease' all applicants from 2008?

 

If it wasn't bad enough that we might have to wait till 2012 were now worried that it might not happen at all, might just be us over reacting but it seems to us that the dream will stay just that, a dream

 

Let us know if your feling the same, maybe we can all winge together!!!!

 

Thanks

 

Claire

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is there anyway you can look for an employer sponsor? On the face of it - it does look like you are slipping to the back of the queue, and they are starting to look at cap and cease. I think if you are still really keen on Oz I would be looking at either SS or employer sponsor as it will probably be the only way to go for anyone who is looking to get to Oz.

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Guest stillwaiting79

am in the same boat.....and have tried 457 as well......seems like i've got a huge black cloud hanging over my head :arghh:

 

however, hope is still alive although its a very small distant light far far away.....

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Hi everyone

 

Well just thought i'd have a rant and see if anyone else is feeling the same as us!

 

Me and Hubby applied for 176 fam sponsored in Dec 2008, non state sponsored and non csl my skill is Business Info professional - computer support engineer (NEC)

 

We are getting a bit twitchy now as with DIAC ceasing to accept 176 visa's and the recent cap and cease protocol and my skill not been on any lists now were thinking we'll never get there!!!!. Is anyone else feeling that they will just carry that on and in 2010/2011 they will decide to 'cap and cease' all applicants from 2008?

 

If it wasn't bad enough that we might have to wait till 2012 were now worried that it might not happen at all, might just be us over reacting but it seems to us that the dream will stay just that, a dream

 

Let us know if your feling the same, maybe we can all winge together!!!!

 

Thanks

 

Claire

 

I would agree with n111kkx... Depending on which state you have your mind set on, try for state's sponsorship or an employer to sponsor you, so that you get what you want. If this is not a feasible option, try the other states for sponsorship as well as jobs otherwise you will either have to wait as no one knows what the Aussie Govt has in store for our future !!

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Guest lindyverm04

Hi Claire

 

We are in a similar position. Applied for 176 Family sponsored in July 2009. I am a teacher which is on CSL. We have not heard anything. We want to go to Brisbane as we have family living there and Queensland are not sponsoring at the moment, so have no other alterantive but to sit and wait. Please can you explain what you mean about "Cap and Cease" - have not heard about this before!

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Guest joireland

Quick question, I cam currently waiting on my skills assessment, IF i dont get a postitive outome, is it over for me? Can i still apply for family sponsorship?? Thanks everyone

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Quick question, I cam currently waiting on my skills assessment, IF i dont get a postitive outome, is it over for me? Can i still apply for family sponsorship?? Thanks everyone

 

You have to get a positive skills assessment for any Permament visas. If you cannot however get a skills assessment, I think there are options of obtaining a job and going on a temporary visa.

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Guest gmac

Hi Claire,

 

I think I'm a pretty similar situation to yourself ( Applied 22/ 04/ 09 ) GSM 176 Family sponsored.

 

 

Minuses:

 

  • Non CSL
  • Non SS
  • Occupation not on new SOL
  • reduction in the level of family migration by 5750 program places in 2010/11.
  • Temporary suspension of GSM program ( 07/05/10 )

Pluses:

 

 

  • Family Sponsorship
  • DIAC committment to continue to grant Family Sponsorship in 2010/11.
  • Priority processing status ( CAT 6 )
  • DIAC recently processing CAT 5. ( see threads on PIO )
  • Family members can gain access to temporary visas.

Claire you can see I have tried to make our situations look as rosy as I possbly can.

 

Cheers,

 

Gary

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Guest lindyverm04

Hi Gary

 

Pluses:

 

 

  • Family Sponsorship
  • DIAC committment to continue to grant Family Sponsorship in 2010/11.
  • Priority processing status ( CAT 6 )
  • DIAC recently processing CAT 5. ( see threads on PIO )
  • Family members can gain access to temporary visas.

Please excuse my ignorance, but please can you explain points 3 and 4 from above. What are Cat 5 and 6.

 

Thanks! :confused:

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Guest lindyverm04

Hi Gary

 

Sorry, I know I'm being a pain, (and once again excuse the ignorance), but does that mean I am CAT 4 as I am a teacher which is on CSL, eventhough I am not SS? Sorry for all the questions!!!

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Guest gmac

Hi again,

 

The answer is yes. From what I gather if your occupation was on the old CSL you fall into priority group 4.

 

Cheers,

 

Gary

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Hi Guys, thanks for all your responses nice to know were not the only ones,

 

we have tried state sponsorship but my skill isn't on any lists anywhere so that went out of the window and i have tried the 'find a job' route but struggling as i had to leave my role as IT support technician due to personal reasons and now im stuck in catering due to the recession and lack of jobs, so people in oz were reluctant to employ me due to this,

 

good news is though i have scored a job in IT with the police and im due to start soon so im hoping after maybe 6 months or so i can start job applying again in oz maybe with some response this time!

 

'Gary' thanks for keeping positive about our situation i think we need to try and do the same, surely all our hard work has to pay off soon! im just hoping like you say that coz they were procesing cat 5 this year that 2010/2011 year they may get round to the cat6!!

 

Lindyverm04, the cap and cease is a procedure they put in place just recently that meant anyone who applied before sep 2007 was rejected and had there money returned, i think it was basically a way of reducing the amount they had to process, just feel bad for those that were rejected for no reason and now they have to reapply if they are still eligable.

 

Thanks to you all for your replies maybe we can get through the tuff times together!!!!

 

Claire

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Please don't loose your dreams!!!:sad: I can't live without our dreams of getting to Perth. There are always other ways to get there. Temperary is really an easier way to get permanent when you get there. Please, please hang in there.

My SS WA sponsor application has been sitting in DIAC for 5 1/2 months were QLD is whipping them through in days to weeks!!

Lots of frustration but have to hang on to the dream!!

Christine

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'Gary' thanks for keeping positive about our situation i think we need to try and do the same, surely all our hard work has to pay off soon! im just hoping like you say that coz they were procesing cat 5 this year that 2010/2011 year they may get round to the cat6!!

 

Lindyverm04, the cap and cease is a procedure they put in place just recently that meant anyone who applied before sep 2007 was rejected and had there money returned, i think it was basically a way of reducing the amount they had to process, just feel bad for those that were rejected for no reason and now they have to reapply if they are still eligable.

 

Thanks to you all for your replies maybe we can get through the tuff times together!!!!

 

Claire

 

hI mchugh1980,

Well, news is that they have not yet started processing Cap and Cease. So, nobody knows whether Cap and Cease will be implemented or not. If yes , when and what would be criteria for Cap and Cease. Minister says he would cap and cease according to the maximum number of visas to be granted during that financial year. And one more thing some senior members here on this forum are saying that minister can not cap Family visas like 496, 138 etc. So it is not easy to implement cap and cease. They must be giving lots of thought process on this.

I am just hypothetical about all this. Let us hope that things will improve for all the Pre September applicants.

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Guest spark91
Hi everyone

 

Well just thought i'd have a rant and see if anyone else is feeling the same as us!

 

Me and Hubby applied for 176 fam sponsored in Dec 2008, non state sponsored and non csl my skill is Business Info professional - computer support engineer (NEC)

 

We are getting a bit twitchy now as with DIAC ceasing to accept 176 visa's and the recent cap and cease protocol and my skill not been on any lists now were thinking we'll never get there!!!!. Is anyone else feeling that they will just carry that on and in 2010/2011 they will decide to 'cap and cease' all applicants from 2008?

 

If it wasn't bad enough that we might have to wait till 2012 were now worried that it might not happen at all, might just be us over reacting but it seems to us that the dream will stay just that, a dream

 

Let us know if your feling the same, maybe we can all winge together!!!!

 

Thanks

 

Claire

 

 

Hi Claire,

 

Like you, we applied for 176 Family Sponsored back in 2008 (Oct) and here we sit and wait and wait and wait.

 

We've become very despondant and doubtful that we'll ever get our visa. We've investigated SS and employer sponsored but so far nothing.

 

We're going through the same emotions so know you're not alone.

 

Jonathan

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Guest Mel D.

I feel your pain on the 176 family sponsored. I applied May 2008 and am still waiting. My friend and her husband applied at the same time under a different visa as her hubbie is an electrician and were there for New Year's day 2009. It is so disappointing. We all have skills and work experience to bring but are not on the CSL, it's so unfair. I have looked into SS but it wasn't possible. I am really hoping that the new financial year from 01 July will bring us some good news and I still hope to get my visa by May 2011 which will be 3 years from lodgement as per DIAC's charter. I can only be optimistic otherwise the sheer frustration and disappointment would consume me.

Regards

Mel:arghh:

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Hi Guys,

 

I have pasted the info from the link stillwaiting79

 

Sounds to me as though they are gonna let the minister cap whatever he likes, i.e not just when the visa app was lodged but depending on what skill you have, think i may start crying again!!!!!

 

 

 

Mr LAURIE FERGUSON (Reid) (Parliamentary Secretary for Multicultural Affairs and Settlement Services) (10:52 AM) —I move:

That this bill be now read a second time.

 

The Migration Amendment (Visa Capping) Bill 2010 amends the Migration Act 1958 (the Act) to give the Minister for Immigration and Citizenship greater power to effectively manage the migration program.

The number of places in the skilled migration program available to applicants who are not sponsored by an employer continues to decline, as the government’s priority is to support demand driven—that is, employer sponsored—migration. At the same time, the number of pending applications continues to grow as the demand for general skilled migration visas exceeds the number of places available in the program.

The general skilled migration visa program has also become dominated by applicants nominating a limited number of occupations even though there are some 400 occupations that are acceptable for general skilled migration purposes. This has made it difficult for the program to deliver the broad range of skills needed in the Australian economy and the Australian labour market.

In the 2007-08 program year, of the 41,000 general skilled migration visas granted, more than 5,000 went to cooks and hairdressers. Further, there are currently 17,594 valid applications which have been made by people nominating their occupation as a cook or hairdresser which have not yet been finalised.

This matter is currently being addressed through priority processing arrangements. Under these arrangements, applicants that are sponsored by an employer, nominated by a state or territory government authority, or have an occupation which is in critical demand in Australia have their application processed before other applications.

However, these arrangements alone do not address the problem of large numbers of valid applications that continue to be made by applicants who are not sponsored and who are nominating occupations that are not in demand. Currently there are 147,000 primary and secondary applicants for general skilled migration visas waiting in the pipeline for a visa decision.

Amendment to ‘cap and terminate’ measures

To address these issues, the bill proposes to introduce a power by which the minister may cap visas and terminate visa applications on the basis of certain characteristics.

Currently, the Act gives the minister the power to make a legislative instrument in a certain class or subclass to cap visas and terminate applications for that class or subclass. The proposed amendments will enable the minister to cap visa grants and terminate visa applications based on the class or classes of applicant applying for the visa.

In particular, the proposed amendments will allow the minister to make a legislative instrument to determine the maximum number of visas of a specified class or classes that can be granted in a financial year to visa applicants with specified characteristics. Similar to the current power, the amendments will also allow the minister to treat outstanding applications for the capped visa as never having been made.

Characteristics that may be specified include the occupation nominated by the applicant, or the time at which the applicant made their application. The characteristics will be objective, and relate to information that is provided to the department when an application for a visa is made.

The characteristics that will be specified will depend on the purpose of the particular determination to cap and terminate visa applications and will be consistent with Australia’s international obligations. For example, if the determination is made for the purpose of limiting the number of applicants in the skilled migration program with the same nominated occupation, then a cap would be placed on applications which nominate that particular occupation.

To terminate a visa application is different to a decision to refuse a visa application. When an application is terminated it is taken not to have been made. Applicants who are affected by a cap will have their visa application charge refunded to them. Further, a visa application which has been terminated is not subject to merits review.

Application to the general skilled migration visa program

The amendments proposed in this bill not only provide a power to cap general skilled migration visas and terminate general skilled migration visa applications but are broad enough to allow other classes of visas to be capped. This provides the government with a tool for the targeted management of all aspects of the migration program which will be available as the need arises.

The exception to this will be protection visas. The minister cannot make a cap and terminate determination in relation to protection visas.

However, the primary policy imperative of the proposed amendments is to allow the minister to end the ongoing uncertainty faced by general skilled migration applicants whose applications are unlikely to be finalised because their skills are not in demand in Australia.

The proposed amendments will better address Australia’s skills shortages by limiting the number of general skilled migration visas able to be granted to applicants whose occupations are in oversupply, thereby leaving more spaces in the program available to applicants whose occupation is in demand.

This will allow the Australian government to deliver a skilled migration program that is more tightly focused on high-value skills that will assist in meeting the medium- to long-term needs of the Australian economy.

The government’s intention is to establish a realistic balance between providing the skills Australian employers need and ensuring the maximum opportunities for Australian citizens and permanent residents in a changing employment market.

This amendment is just one in a package of reforms the government is currently making to the skilled migration program to ensure that it is able to target skilled migrants with the high-value, nation-building skills that Australia needs.

Conclusion

This bill represents an important step in achieving the government’s objectives of a flexible skilled migration program that can be adapted to the economic and business cycle and the needs of Australian business and industry.

Debate (on motion by Mr Robert) adjourned

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Hi Guys,

 

I have pasted the info from the link stillwaiting79

 

Sounds to me as though they are gonna let the minister cap whatever he likes, i.e not just when the visa app was lodged but depending on what skill you have, think i may start crying again!!!!!

 

 

 

Mr LAURIE FERGUSON (Reid) (Parliamentary Secretary for Multicultural Affairs and Settlement Services) (10:52 AM) —I move:

That this bill be now read a second time.

 

The Migration Amendment (Visa Capping) Bill 2010 amends the Migration Act 1958 (the Act) to give the Minister for Immigration and Citizenship greater power to effectively manage the migration program.

The number of places in the skilled migration program available to applicants who are not sponsored by an employer continues to decline, as the government’s priority is to support demand driven—that is, employer sponsored—migration. At the same time, the number of pending applications continues to grow as the demand for general skilled migration visas exceeds the number of places available in the program.

The general skilled migration visa program has also become dominated by applicants nominating a limited number of occupations even though there are some 400 occupations that are acceptable for general skilled migration purposes. This has made it difficult for the program to deliver the broad range of skills needed in the Australian economy and the Australian labour market.

In the 2007-08 program year, of the 41,000 general skilled migration visas granted, more than 5,000 went to cooks and hairdressers. Further, there are currently 17,594 valid applications which have been made by people nominating their occupation as a cook or hairdresser which have not yet been finalised.

This matter is currently being addressed through priority processing arrangements. Under these arrangements, applicants that are sponsored by an employer, nominated by a state or territory government authority, or have an occupation which is in critical demand in Australia have their application processed before other applications.

However, these arrangements alone do not address the problem of large numbers of valid applications that continue to be made by applicants who are not sponsored and who are nominating occupations that are not in demand. Currently there are 147,000 primary and secondary applicants for general skilled migration visas waiting in the pipeline for a visa decision.

Amendment to ‘cap and terminate’ measures

To address these issues, the bill proposes to introduce a power by which the minister may cap visas and terminate visa applications on the basis of certain characteristics.

Currently, the Act gives the minister the power to make a legislative instrument in a certain class or subclass to cap visas and terminate applications for that class or subclass. The proposed amendments will enable the minister to cap visa grants and terminate visa applications based on the class or classes of applicant applying for the visa.

In particular, the proposed amendments will allow the minister to make a legislative instrument to determine the maximum number of visas of a specified class or classes that can be granted in a financial year to visa applicants with specified characteristics. Similar to the current power, the amendments will also allow the minister to treat outstanding applications for the capped visa as never having been made.

Characteristics that may be specified include the occupation nominated by the applicant, or the time at which the applicant made their application. The characteristics will be objective, and relate to information that is provided to the department when an application for a visa is made.

The characteristics that will be specified will depend on the purpose of the particular determination to cap and terminate visa applications and will be consistent with Australia’s international obligations. For example, if the determination is made for the purpose of limiting the number of applicants in the skilled migration program with the same nominated occupation, then a cap would be placed on applications which nominate that particular occupation.

To terminate a visa application is different to a decision to refuse a visa application. When an application is terminated it is taken not to have been made. Applicants who are affected by a cap will have their visa application charge refunded to them. Further, a visa application which has been terminated is not subject to merits review.

Application to the general skilled migration visa program

The amendments proposed in this bill not only provide a power to cap general skilled migration visas and terminate general skilled migration visa applications but are broad enough to allow other classes of visas to be capped. This provides the government with a tool for the targeted management of all aspects of the migration program which will be available as the need arises.

The exception to this will be protection visas. The minister cannot make a cap and terminate determination in relation to protection visas.

However, the primary policy imperative of the proposed amendments is to allow the minister to end the ongoing uncertainty faced by general skilled migration applicants whose applications are unlikely to be finalised because their skills are not in demand in Australia.

The proposed amendments will better address Australia’s skills shortages by limiting the number of general skilled migration visas able to be granted to applicants whose occupations are in oversupply, thereby leaving more spaces in the program available to applicants whose occupation is in demand.

This will allow the Australian government to deliver a skilled migration program that is more tightly focused on high-value skills that will assist in meeting the medium- to long-term needs of the Australian economy.

The government’s intention is to establish a realistic balance between providing the skills Australian employers need and ensuring the maximum opportunities for Australian citizens and permanent residents in a changing employment market.

This amendment is just one in a package of reforms the government is currently making to the skilled migration program to ensure that it is able to target skilled migrants with the high-value, nation-building skills that Australia needs.

Conclusion

This bill represents an important step in achieving the government’s objectives of a flexible skilled migration program that can be adapted to the economic and business cycle and the needs of Australian business and industry.

Debate (on motion by Mr Robert) adjourned

 

Do not cry matey,

Wait for the time. There is lot to be happened in these few coming weeks. Do not loose ur patience. Look at us , we are waiting since last 3 years.And still in the dilemma what will happen to our applications.

But remember one thing.....TOGETHER WE CAN MAKE CHANGES....

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  • 1 month later...

So, my fellow 176'ers with no SS, no CSL and probably no SOL.

 

It looks like we could be in the new Priority Group 4 with more chance of England winning the world cup than getting a visa!!

I suspect we are in a holding pen indefinitely.

 

 

Any thoughts or inspiration?

I am struggling to find a reason not to give up on Oz.

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So, my fellow 176'ers with no SS, no CSL and probably no SOL.

 

It looks like we could be in the new Priority Group 4 with more chance of England winning the world cup than getting a visa!!

I suspect we are in a holding pen indefinitely.

 

 

Any thoughts or inspiration?

I am struggling to find a reason not to give up on Oz.

 

Well ,

I am short of words.No words.

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Guest pippa1

Nothing to say...am just over it!

 

I don't think we will ever get a visa in this category and what really annoys me is that there is no discretion. I am in Oz, both myself and OH have full time jobs but for one reason or another can't get employer sponsored or state sponsorship...yet the Minister is quite happy to cap and cease my application and send me, OH and 2 kids home in 28 days!!

 

Nice eh! Where's the fair go in that!

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