Anybody in the World Can satisfy my query?... I am on the peak of my frustration.....

[virtual_bajwa]

Ladies and Gentleman,

I am moving from here and there to get the answer to this question.

When will DIAC start processing Cap and Cease ?

Can any Solicitor, DIAC official, MARA agent or Sr. POMS member can answer to this query. Why are DIAC not talking about Cap and Cease? It has been more that 3 months since they were on the home page of DIAC website regarding Cap and Cease. Since then they did not said a single word about Cap and Cease.

I am on the peak of my frustration now guys. My family has been equally effected by this. Well, there are some people who are in Australia with fake experiences.I can not stop myself from saying that there are some people who got the fake sponsorships from Australian companies by getting some money.

And there is another way yo enter Australia by getting onto the ship and make yourself successful by touching the shores of Australian seas illegally.

And people like me who has everything genuine with good English and professional experience are facing the hunter of CAP and CEASE.... Why not DIAC can distinguish between who is fake and who genuine.

I hope I am not alone while I expressing this painful feeling, there must be thousands of other genuine people who really want to serve Australian economy and Australia too but they have been stopped from doing this.This is my pain which come right from my heart. And I can not sleep during nights when I thinks about my past three years which I spent without knowing that whether I did wrong or right by applying for Australia.

Please I need some answer ... not a standard computerized mail which I am receiving for last three years......

[Ozzieland]

Ladies and Gentleman,

I am moving from here and there to get the answer to this question.

When will DIAC start processing Cap and Cease ?

Can any Solicitor, DIAC official, MARA agent or Sr. POMS member can answer to this query. Why are DIAC not talking about Cap and Cease? It has been more that 3 months since they were on the home page of DIAC website regarding Cap and Cease. Since then they did not said a single word about Cap and Cease.

I am on the peak of my frustration now guys. My family has been equally effected by this. Well, there are some people who are in Australia with fake experiences.I can not stop myself from saying that there are some people who got the fake sponsorships from Australian companies by getting some money.

And there is another way yo enter Australia by getting onto the ship and make yourself successful by touching the shores of Australian seas illegally.

And people like me who has everything genuine with good English and professional experience are facing the hunter of CAP and CEASE.... Why not DIAC can distinguish between who is fake and who genuine.

I hope I am not alone while I expressing this painful feeling, there must be thousands of other genuine people who really want to serve Australian economy and Australia too but they have been stopped from doing this.This is my pain which come right from my heart. And I can not sleep during nights when I thinks about my past three years which I spent without knowing that whether I did wrong or right by applying for Australia.

Please I need some answer ... not a standard computerized mail which I am receiving for last three years......

 

I hear ya... I can understand where you are coming from. The whole migration process is so stressing that it can get to you... and worst still when everything is so vague especially when DIAC themselves do not know much of what they are doing. It would be wrong on my part to give you an answer but, please hang in there.... you have already managed to do that for the last few years and I am sure you can do that for a little while longer. I pray that you will hear the good news from them ASAP.

[wrussell]

For highly technical reasons the minister does not have the power to cap and cease subclass 496.

[virtual_bajwa]

I hear ya... I can understand where you are coming from. The whole migration process is so stressing that it can get to you... and worst still when everything is so vague especially when DIAC themselves do not know much of what they are doing. It would be wrong on my part to give you an answer but, please hang in there.... you have already managed to do that for the last few years and I am sure you can do that for a little while longer. I pray that you will hear the good news from them ASAP.

 

For highly technical reasons the minister does not have the power to cap and cease subclass 496.

 

I appreciate ur responses guys. But this frustration is going through my nerves now. Till last few days I had stopped myself from expressing my feeling but now it has been out of reach. I want to get on with my life. Please DIAC do something ..... And I do not want to hear no after three years of my waiting.....

Thanks wrussels for such a confronting news but still it has to be verified by DIAC....

[virtual_bajwa]

I knew there are very few people who could reply to this thread. POMS is one of the greatest forums on the web, but still very few people are of my use. I could not get a satisfactory answer here. Instead one which also just not more than a comforting news.... I want to know more about Cap and Cease....Come on Rahul and Babboo show ur feelings mates.. If Minister want to cease 496, he can do this by changing the legislation.

Hey Gilly jump into this ...

[Guest nomad2000]

I share you frustration, man.

I'm in the same situation right now(applied in Aug 07).

Waiting to be capped.

It's impossible to make future plans because of this uncertainty. This makes me crazy.

 

Why DIAC still haven't began capping?

I have 2 ideas in my mind.

1) They realized that it is not legally(or partially legally), and working with their layers to figure out what to do.

2) They don't have the money to refund all the applications (20million?).

 

IMHO

[virtual_bajwa]

I share you frustration, man.

I'm in the same situation right now(applied in Aug 07).

Waiting to be capped.

It's impossible to make future plans because of this uncertainty. This makes me crazy.

 

Why DIAC still haven't began capping?

I have 2 ideas in my mind.

1) They realized that it is not legally(or partially legally), and working with their layers to figure out what to do.

2) They don't have the money to refund all the applications (20million?).

 

IMHO

 

Welcome into the company of frustrated people who are professional an duped by the promises of application being processed within 15 months of time.... and now it has been double the time which was mentioned on the DIAC website at that time....

 

Option number 1 is the only priority for Minister.

Let us hope for the opposite.

[rahulpatel1969]

If so, what are his options.

[rahulpatel1969]

For highly technical reasons the minister does not have the power to cap and cease subclass 496.

 

If so what are his options.

[Guest ahmburak]

I mostly hesitate to write in forums. But current situation pushing my nerves badly too. I'm a 136bn applicant non-csl and applied on 23rd August 2007. I'm postponing my future because of this uncertainty. I missed many job opportunities for this wait and suffer thing. I can't even spend money. Everyday looking for a glimpse of light in these forums. This is just insane I will lose my mind while waiting. I'm afraid that I'm ruining my future for this dead end road.

[virtual_bajwa]

I mostly hesitate to write in forums. But current situation pushing my nerves badly too. I'm a 136bn applicant non-csl and applied on 23rd August 2007. I'm postponing my future because of this uncertainty. I missed many job opportunities for this wait and suffer thing. I can't even spend money. Everyday looking for a glimpse of light in these forums. This is just insane I will lose my mind while waiting. I'm afraid that I'm ruining my future for this dead end road.

 

Welcome to the forum matey,

This is the situation of every single applicant.But how can we come out of this situation? This is the only big question matey. We have to think something. Please somebody from Australia guide us what should we do? If we mail DIAC we got a robotic standard mail message which does not clear our doubts.Is'nt there any way by which we can chat online with some senior DIAC official?There should be some transparent way through which we can get some satisfactory answer that whether we are going to stay here or we have to fight more battle.

[Guest ahmburak]

I expect they will come with some solid roadmap regarding slash and burn till 1st of July. This is just a prediction.

[virtual_bajwa]

I have one more question here... Let us imagine that if Minister goes ahead with the Cap and Cease on 496 the what are our options?What can we do?I think this was the question by Rahul also...

[virtual_bajwa]

Gilly , Where are u matey. I need ur comments here.....

I need to know that if Minister go ahead with the CAp and Cease on 496 and 138 then what are our options .....???

[Guest babboo]

For highly technical reasons the minister does not have the power to cap and cease subclass 496.

 

WRUSSELL, Thanks a lot mate....:hug:

 

I hope Chris Evans understands the dilemma we are in... Same story here as Virtual....

Can u please put some light on HIGHLY TECHNICAL REASONS as this would soothe our nerves and give us a good night sleep...

Thank you

CHEERS !!!!!!!!!!!

[rahulpatel1969]

Dear Friends

I think there is some organized thinking behind not beginning cap and cease. I think the monster/DIAC is working according to a plan.

What they plan to do is get the new SOL and immigration changes that they want passed by parliament before he begins cap and cease.

Basically what would happen after the new SOL list is passed most of the applicants affected by cap and cease (preseptember 2007) would not be able to reapply.

Also they would not want to present any retrospective immigration law changes to be brought before parliament with the legislation for the new SOL and point test as that might raise a lot of questions.

I suspect after getting the new SOL list and point changes to the migration program passed they would try to get legislation passed for capping and ceasing 496. We should see some action after July.

This is all speculation but that is all that we have to go by.

 

Regards

Rahul

[Guest Gollywobbler]

Hi VB

 

The legislation for the sc 496 visa does not give the Minister the power to apply the Cap & Cease provisions to this subclass of visa. Therefore if he tries to Cap & Cease this subclass, somebody will go straight to the Court, arguing that the Ministe is acting unlawfully. DIAC's lawyer won't risk litigation which they have zero chance of winning.

 

It is possible that the Minister night try to alter the law about the sc 496 visa so as togive himself the necessary legal power to Cap & Cease this subckass. However doing that would be a retrospective change to the legislation.The whole world would scream because changing the Law retrospectively would cause uproar. It is just not the way that a civilised, democratic Government would behave. If the necessary provisions were not included at the outset then in a civilised country, the Government takes its omissions on the chin.

 

A vast amount of spin doctoring would have to go on for the Minister for Immi to get away with a retrospective change to the Law. If I were an Aussie Citizen it would give me a clear message that a Government that would introduce a retrospective change to the law with one visa subclass could very easily start altering domestic legislation retrospectively next and any alterations to domestic law in this way might affect me personally, so if I were an Aussie I would scream the place down, fearing such a possibility.

 

I don't know what the Australian Constitution says about making retrospective changes to the law - the Constitution might prohibit it. If so, the Constitution would have to be changed before the legislation for the sc 496 visa could be changed but altering the Constitution requires a Referendum of all Aussie voters before it can happen. It is very expensive to hold a Referendum and a huge body of public opinion in Oz is already furious with the Krudd Government for wasting money and then borrowing heavily. When the Krudd Government came to power, the Aussie Government was sitting on a surplus of some 22 billion AUD apparently. It took Krudd 5 minutes to spend all the money in the surplus and ever since he has borrowed huge amounts of money in order to keep Australia going. In that respect, he and Gordon Brown in the UK have a lot of similarities and Brown has just been kicked out of office. The same thing could easily happen to Krudd in Australia so if I were him,I'd focus on my Government's political survival and I would order the Minister for Immi to zip it as far as complaining about the sc 496 visa is concerned.

 

People would look closely at why the Minister wants to lose all of the visa applicants who have applied for the sc 496 visa. Why does he want to do it? The Minister has come out of the woodwork in his most recent speeches. He claims that the Howard Government got their Immigration policies completely wrong and that these errors led to an influx of immigrants who allegedly cannot speak English very well and allegedly don't have the skills needed to make a success of their lives in a modern Australia. The same is true for far too many 7th generation Aussies as well, though. Does Krudd really want to risk the spotlight turning on to the fact that so many native Aussies are illiterate and skill-free?

 

For many years, Australia has limited its annual intake of skilled migrants anyway and even the Minister now claims that he is actually only trying to get rid of about 6,000 main visa applicants. These allegedly unskilled would-be immigrants are the world's workers. Far too many native born, white Aussies are the world's shirkers, frankly.

 

You are an example, VB. You have far better qualifications than far too many Aussies and you have been doing a professional job for the last 10 years. The Aussie Government aspires to that for the native white Aussies so why hasn't it happened? DIAC admit that they cannot go through the 6,000 applications and work out which would-be immigrants to keep and which ones to get rid of unless they pick up 6,000 applications and physically read them all.

 

If I worked for DIAC, I would be telling the Minister for Immi that the whole idea of Cap & Cease is too complicated, with too much of a risk that the world's spotlight would turn onto his Government.

 

I don't know what the Aussie Government will do in the end but I believe that they cannot solve their own problems via any sort of retrospective action. The number of applications from wannabe International Students has fallen dramatically recently. That will make a big dent in the value of Australia's International Education revenues. Meanwhile, Australia's loss is Canada's gain it would seem.

 

Cheers

 

Gill

[rahulpatel1969]

Hi VB

 

The legislation for the sc 496 visa does not give the Minister the power to apply the Cap & Cease provisions to this subclass of visa. Therefore if he tries to Cap & Cease this subclass, somebody will go straight to the Court, arguing that the Ministe is acting unlawfully. DIAC's lawyer won't risk litigation which they have zero chance of winning.

 

It is possible that the Minister night try to alter the law about the sc 496 visa so as togive himself the necessary legal power to Cap & Cease this subckass. However doing that would be a retrospective change to the legislation.The whole world would scream because changing the Law retrospectively would cause uproar. It is just not the way that a civilised, democratic Government would behave. If the necessary provisions were not included at the outset then in a civilised country, the Government takes its omissions on the chin.

 

A vast amount of spin doctoring would have to go on for the Minister for Immi to get away with a retrospective change to the Law. If I were an Aussie Citizen it would give me a clear message that a Government that would introduce a retrospective change to the law with one visa subclass could very easily start altering domestic legislation retrospectively next and any alterations to domestic law in this way might affect me personally, so if I were an Aussie I would scream the place down, fearing such a possibility.

 

I don't know what the Australian Constitution says about making retrospective changes to the law - the Constitution might prohibit it. If so, the Constitution would have to be changed before the legislation for the sc 496 visa could be changed but altering the Constitution requires a Referendum of all Aussie voters before it can happen. It is very expensive to hold a Referendum and a huge body of public opinion in Oz is already furious with the Krudd Government for wasting money and then borrowing heavily. When the Krudd Government came to power, the Aussie Government was sitting on a surplus of some 22 billion AUD apparently. It took Krudd 5 minutes to spend all the money in the surplus and ever since he has borrowed huge amounts of money in order to keep Australia going. In that respect, he and Gordon Brown in the UK have a lot of similarities and Brown has just been kicked out of office. The same thing could easily happen to Krudd in Australia so if I were him,I'd focus on my Government's political survival and I would order the Minister for Immi to zip it as far as complaining about the sc 496 visa is concerned.

 

People would look closely at why the Minister wants to lose all of the visa applicants who have applied for the sc 496 visa. Why does he want to do it? The Minister has come out of the woodwork in his most recent speeches. He claims that the Howard Government got their Immigration policies completely wrong and that these errors led to an influx of immigrants who allegedly cannot speak English very well and allegedly don't have the skills needed to make a success of their lives in a modern Australia. The same is true for far too many 7th generation Aussies as well, though. Does Krudd really want to risk the spotlight turning on to the fact that so many native Aussies are illiterate and skill-free?

 

For many years, Australia has limited its annual intake of skilled migrants anyway and even the Minister now claims that he is actually only trying to get rid of about 6,000 main visa applicants. These allegedly unskilled would-be immigrants are the world's workers. Far too many native born, white Aussies are the world's shirkers, frankly.

 

You are an example, VB. You have far better qualifications than far too many Aussies and you have been doing a professional job for the last 10 years. The Aussie Government aspires to that for the native white Aussies so why hasn't it happened? DIAC admit that they cannot go through the 6,000 applications and work out which would-be immigrants to keep and which ones to get rid of unless they pick up 6,000 applications and physically read them all.

 

If I worked for DIAC, I would be telling the Minister for Immi that the whole idea of Cap & Cease is too complicated, with too much of a risk that the world's spotlight would turn onto his Government.

 

I don't know what the Aussie Government will do in the end but I believe that they cannot solve their own problems via any sort of retrospective action. The number of applications from wannabe International Students has fallen dramatically recently. That will make a big dent in the value of Australia's International Education revenues. Meanwhile, Australia's loss is Canada's gain it would seem.

 

Cheers

 

Gill

 

Gill

 

What you say is true but right now all preseptember 2007 applicants are in a limbo whether they be 496 or any other. I think it is better that they decide quickly what they wish to do. Even a lame horse is very swiftly put out of his misery. Me, virtual bajwa and many others having been waiting for almost 3 years. The monster is acting like nothing but a bully.

 

From December 2007they have been accepting files from applicants they now do not wish to process, ie, cooks and hairdressers. Did it take almost three years for them to realise they did not need them. What a bunch of jokers. They should have stopped accepting applications long back. That would have been fairer to everyone.

 

Regards

Rahul

[virtual_bajwa]

Guys,

I had observed something. Please read this question carefully on the priority processing....

 

Q 17 I have been granted a provisional GSM visa and my spouse now wishes to join me, will they be able to do so?

Yes, applications for subsequent entrants for provisional GSM visas are exempt from priority processing arrangements. The provisional GSM visas are:

• Skilled—Regional Sponsored (subclass 475)

• Skilled—Graduate (subclass 485)

• Skilled—Regional Sponsored (subclass 487)

• Skilled—Designated Area-sponsored (Provisional) (subclass 496)

• Skilled—Independent Regional (subclass 495).

If u read this question carefully, We will come to the conclusion that why they have exempted subsequent entrants of 496 from Cap and Cease.

Well , the people who got the 496 and 138 visas successfully, Are they different from the us? I mean to say is there application has some special files. The people who got the 496 and 138 their visas should also be canceled.Well I do not want to say this:cry:, but this is against the law that the people of the same application requirement, ones who got the visa and others come under Cap and Cease. Why this double standard.

[Guest Gollywobbler]

Gill

 

What you say is true but right now all preseptember 2007 applicants are in a limbo whether they be 496 or any other. I think it is better that they decide quickly what they wish to do. Even a lame horse is very swiftly put out of his misery. Me, virtual bajwa and many others having been waiting for almost 3 years. The monster is acting like nothing but a bully.

 

From December 2007they have been accepting files from applicants they now do not wish to process, ie, cooks and hairdressers. Did it take almost three years for them to realise they did not need them. What a bunch of jokers. They should have stopped accepting applications long back. That would have been fairer to everyone.

 

Regards

Rahul

 

Hi Rahul

 

I completely agree with you.

 

I strongly suspect that the Sinister is actually only trying to weed out the applications from the people that he reckons only "studied" in Oz for the purpose of getting PR in Oz later. For whatever reason, the Aussie Government chose to give them their Student visas so it is not open to the Aussie Government to shift the goalposts on them now, imho.

 

Australia is a huge place. Very few of the allegedly less than skilled migrants would end up on the dole. With no dole culture in their own countries, they will clean the public dunnies for a pittance by way of a wage if they have to but they are very highly unlikely to claim the dole, I reckon.

 

The majority of native born white Aussies consider themselves to be too grand to clean public dunnies but they expect the dunnies to be spotlessly clean all the same and they will winge to everyone in sight if they are not spotless. When they could be cleaning the dunnies themselves, they claim the dole instead.

 

If I were the Aussie Government, I would worry about the mindset of the native Aussies long before I would worry about 6,000 would be migrants, frankly.

 

Cheers

 

Gill

[Guest Gollywobbler]

Guys,

I had observed something. Please read this question carefully on the priority processing....

 

Q 17 I have been granted a provisional GSM visa and my spouse now wishes to join me, will they be able to do so?

Yes, applications for subsequent entrants for provisional GSM visas are exempt from priority processing arrangements. The provisional GSM visas are:

• Skilled—Regional Sponsored (subclass 475)

• Skilled—Graduate (subclass 485)

• Skilled—Regional Sponsored (subclass 487)

• Skilled—Designated Area-sponsored (Provisional) (subclass 496)

• Skilled—Independent Regional (subclass 495).

If u read this question carefully, We will come to the conclusion that why they have exempted subsequent entrants of 496 from Cap and Cease.

Well , the people who got the 496 and 138 visas successfully, Are they different from the us? I mean to say is there application has some special files. The people who got the 496 and 138 their visas should also be canceled.Well I do not want to say this:cry:, but this is against the law that the people of the same application requirement, ones who got the visa and others come under Cap and Cease. Why this double standard.

 

Hi VB

 

Morally I am certain that the Aussie Government is playing at double standards. I consider that to be completely unacceptable and completely indefensible, frankly.

 

I will find out whether David Wilden knows anything about the Cap & Cease proposals. It could well be that he is forbidden to say anything, though, but I will give it a go and see what happens, I promise.

 

Hugs :hug:

 

Gill

[virtual_bajwa]

Hi VB

 

Morally I am certain that the Aussie Government is playing at double standards. I consider that to be completely unacceptable and completely indefensible, frankly.

 

I will find out whether David Wilden knows anything about the Cap & Cease proposals. It could well be that he is forbidden to say anything, though, but I will give it a go and see what happens, I promise.

 

Hugs :hug:

 

Gill

 

Oh, it would be great if u do this. You are such a wonderful lady. Let us see what Mr. Wildon say on this.

Hugs from Me too.:hug:

[virtual_bajwa]

Hi VB

 

Morally I am certain that the Aussie Government is playing at double standards. I consider that to be completely unacceptable and completely indefensible, frankly.

 

I will find out whether David Wilden knows anything about the Cap & Cease proposals. It could well be that he is forbidden to say anything, though, but I will give it a go and see what happens, I promise.

 

Hugs :hug:

 

Gill

 

Hey Gilly,

One more thing can be done here. That is by registering our written protest to our respective high commission in Delhi(As I am from India) against Cap and Cease.

Or we can also meet some senior official from High Commission of Australia in Delhi. As u people did in UK some months back. Just we can discuss our issues regarding Cap and Cease with them, so that can be forwarded to Minister.

It is just a informal suggestion. More suggestions are welcome as something has to be done . If not we should get a proper reply on Cap and Cease....???

Please please guys stand with us.....Together we can make a difference but it should be very very very peaceful....

[Guest Gollywobbler]

Hey Gilly,

One more thing can be done here. That is by registering our written protest to our respective high commission in Delhi(As I am from India) against Cap and Cease.

Or we can also meet some senior official from High Commission of Australia in Delhi. As u people did in UK some months back. Just we can discuss our issues regarding Cap and Cease with them, so that can be forwarded to Minister.

It is just a informal suggestion. More suggestions are welcome as something has to be done . If not we should get a proper reply on Cap and Cease....???

Please please guys stand with us.....Together we can make a difference but it should be very very very peaceful....

 

Hi VB

 

When I chatted with David Wilden on the phone yesterday (Friday) he mentioned that he had received an e-mail with a query from someone in the Philippines. Mr Wilden said that he replied to the e-mail, giving the person contact details for Mr Wilden's equivalent in the Phlippines.

 

I don't know how may Regional Directors DIAC has or where they are all based. I would have thought that there would be a Regional Director for the Indian sub-continent, who might cover India, Pakistan, Bangladesh and Sri Lanka or something like that. That would give one DIAC official more than enough people and places to chew on, I would think.

 

I have been composiing an e-mail to Mr Wilden about Cap & Cease but I have saved it as a draft and have not sent it yet. I will remember to ask him wheher you can contact anyone in India and if so, I will request the direct contact details for the person concerned.

 

Mr Wilden would be able to discover the name and contact details of another DIAC official at the click of a mouse., for sure. I don't know whether he knows anything about the Cap & Cease proposals, though. He might have to get some information about that from Canberra. which might take a few days.

 

I'll let you know as soon as I hear anything back.

 

Cheers

 

Gill

[virtual_bajwa]

Hi VB

 

When I chatted with David Wilden on the phone yesterday (Friday) he mentioned that he had received an e-mail with a query from someone in the Philippines. Mr Wilden said that he replied to the e-mail, giving the person contact details for Mr Wilden's equivalent in the Phlippines.

 

I don't know how may Regional Directors DIAC has or where they are all based. I would have thought that there would be a Regional Director for the Indian sub-continent, who might cover India, Pakistan, Bangladesh and Sri Lanka or something like that. That would give one DIAC official more than enough people and places to chew on, I would think.

 

I have been composiing an e-mail to Mr Wilden about Cap & Cease but I have saved it as a draft and have not sent it yet. I will remember to ask him wheher you can contact anyone in India and if so, I will request the direct contact details for the person concerned.

 

Mr Wilden would be able to discover the name and contact details of another DIAC official at the click of a mouse., for sure. I don't know whether he knows anything about the Cap & Cease proposals, though. He might have to get some information about that from Canberra. which might take a few days.

 

I'll let you know as soon as I hear anything back.

 

Cheers

 

Gill

Yes Gilly, it would be better if u get the details about Regional Director for the Indian sub-continent. Well, we have to do something now to register our protests. But I am sure it will not be more than meeting those senior officials and expressing our officials.Because now we can not sit back and waiting for the time. There are also elections coming up in Australia. So, we must know something on our applications. We are already hurting by the such a long wait. No more wait please...