Visa Capping - Senate Inquiry

[Guest Aussie2B]

Hi all,

 

I have been following this forum for a long time and now that things are getting even more crazy and stressful than they already are, I wanted to post a snippet of a newsletter I receive frequently on the Aussie Immigration Policy. It's very important we all speak up NOW before our futures and dreams are all shattered.. Please see below:

 

As mentioned earlier today DIAC intend to enact legislation that will allow them to AXE many 1000s of applications from people who have been waiting patiently for substantial periods of time already.

 

This is unfair in so many ways and is the most draconian piece of legislation I have seen in 17 years in the industry. It eats at the core of Australian fairness for all those people who have sacrificed so much in making sure they meet Australia's requirements, lodged perfectly good applications, and then had to wait patiently whilst their applications and lives have been put on hold an inordinate amount of time.

 

Note this is not the fault of the department of immigration (DIAC), they only follow what they are told to do. This legislation is the responsibility of the minister for immigration and ultimately the PM. This legislation is close to passing and I would suggest that if you feel this is unfair and wrong, that you make contact with not just your local MP urgently but also contact the other people below of influence. Tell them how much you have spent in time, money and emotional toil and how much you trusted Australia to stand by their own laws.

 

Minister for Immigration : Senator Chris Evans minister@immi.gov.au

Prime Minister: The Hon Kevin Rudd Email your Prime Minister | Prime Minister of Australia (you need to fill a form on his website)

Deputy Prime Minister: The Hon Julia Gillard dpm@dpm.gov.au

Leader of Opposition: The Hon Tony Abbott Tony.Abbott.MP@aph.gov.au

 

 

If you are potentially affected by this axing because you currently have a general skilled migration application with DIAC (475, 487, 175, 176, 885, 886 or 887 visa categories) then it is important that you advise the senate enquiry as to how unfair you think this. You should explain how much time, money and turmoil you have gone through and why you think it unfair. As well as politicians emails addresses, the senate have a page to except submissions here .. http://www.aph.gov.au/senate/committee/legcon_ctte/migration_amendment_visa_capping/info.htm . You should send it them as well through details below.

 

And the full text of this page is here .. you only have until the 4th JUNE !!!!!!!!!!!!!!!!!!!!!!!!!!

 

Migration Amendment (Visa Capping) Bill 2010

 

Information about the Inquiry

 

On 26 May 2010 the Senate referred the following matter to the Legal and Constitutional Affairs Committee for inquiry and report.

The Migration Amendment (Visa Capping) Bill 2010 (the Bill) seeks to amend the Migration Act 1958 to enable the Minister for Immigration and Citizenship (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 Bill would enable the Minister to make a legislative instrument to determine the maximum number of visas of a specified class or classes that may be granted in a financial year to visa applicants with specified characteristics, and treat outstanding applications for the capped visa as never having been made.

The proposed amendments are intended to address issues relating to the General Skilled Migration (GSM) visa program.

 

Submissions should be received by 04 June 2010. The reporting date is 15 June 2010.

The Committee is seeking written submissions from interested individuals and organisations preferably in electronic form submitted online or sent by email to legcon.sen@aph.gov.au as an attached Adobe PDF or MS Word format document. The email must include full postal address and contact details.

Alternatively, written submissions may be sent to:

 

Committee Secretary

Senate Legal and Constitutional Committee

PO Box 6100

Parliament House

Canberra ACT 2600

Australia

 

[Guest Gollywobbler]

Hi All

 

Most people applying for GSM visas (skilled independent visas - eg sc 175, 176 or sc 475) are already aware / are becoming aware that the Minister for Immi has introduced a new Bill to the Australian Parliament.

 

The Bill proposes that every year, the Minister will be able to cap & kill applications for the visa subclasses described above (plus for all of the onshore GSM visa subclasses.) Basically, the idea is that the Minister will say that he wishes to allow X00 Bricklayers and Y00 Accountants to be granted GSM visas during the Financial Year in question. (The Aussie Financial Year runs from 1st July until the following 30th June.)

 

The Bill received its second reading in the Aussie Parliament earlier this week. Somebody has decided that the Legal & Constitutional Affairs Committee of the Aussie Senate should hold a Public Inquiry into the idea.

 

The link to the Inquiry is below:

 

Parliament of Australia: Senate: Committees: Legal and Constitutional Affairs Committee: Current Inquiries

 

More information has been published by the Migration Institure of Australia (MIA.) The link to the MIA's information is below:

 

http://mia.org.au/latest-news/Call-for-submissions-into-Inquiry-into-the-Migration-Amendment-Visa-Capping-Bill-2010-774.html

 

EVERYBODY WHO MIGHT BE AFFECTED IS ABLE - AND IS INVITED - TO MAKE YOUR OWN SUBMISSIONS TO THE INQUIRY, PLEASE.

 

I will make a formal submission on behalf of all present and future members of the Poms in Oz forum. However this does not prevent individual Members of the forum from making individual submissions as well and I believe strongly that anybody who wants to make such a submission should do so.

 

There is nothing to fear from making an individual submission. Nobody is going to "mark your cards" with your existihng or intended visa application or anything.

 

I will do some more research later this evening and I will try to get all of the relevant information into this thread.

 

In the meantime, if anybody has anything - any points or any quesries - that you want me to include in the submission on behalf of Poms in Oz, please make sure that you put a post on this thread to tell me what it is that you want me to say, please. Please put your post on this thread. Please do not send me private messages or e-mails instead.

 

Time is very short. Submissions must be received by the Inquiry Committee no later than Friday 4th June 2010. The Inquiry Committee will provide its formal Report and Recommendations on Tuesday 15th June 2010, apparently.

 

Please add any points that you want me to include just as soon as you possibly can.

 

Very many thanks

 

Gill

[Guest lindyverm04]

Hi Gill

 

Maybe I'm asking a stupid question here which has already been answered somewhere else, so forgive my ignorance. Do you know if 176 Family sponsored are also subject to this capping process. I applied in July 2009. I am a primary school teacher which is not on the new SOL.

 

Thank you!:sad:

[Guest Jane1991]

The second reading says that the only exception will be asylum seekers. Everything else can be subjected to slash and burn.

[Guest jigish]

I think this is just going to target chefs and hairdressers, rather than all occupations, because of oversupply of applicants with these occupations. However, that is just an assumption.

[Guest lindyverm04]

:cry::cry::cry: I presume we'll know soon enough which visa categories they are going to cap. 1 July ????

[MouseBear]

Sorry for being daft but what is the difference between a sc175 and a 175 visa? I know I should probably know this but hey - it's Friday afternoon

 

Thanks

[Guest Gollywobbler]

Hi Aussie2B

 

Welcome to Poms in Oz and I am very glad that you have joined for the forum and have posted your message above.

 

I've copied your post out of the SOL thread and have pasted it into this thread as well. I think the newsletter than you have quoted provides an excellent steer for people who might be wondering what to say to the Inquiry Committee.

 

Cheers

 

Gill

[SHANO7]

Sorry for being daft but what is the difference between a sc175 and a 175 visa? I know I should probably know this but hey - it's Friday afternoon

 

Thanks

hI

 

I think Gill meant 176 :wink:

[SHANO7]

Hi Gill

 

The obvious points are how much we have spent, stressed worried planned etc. One other consideration is something i have thought about. My daughter was the first grandchild to my wife and my own parents. We waited to get tra before we told them that we would be jetting the love of their life to the other side of the world. I think the senate should be made aware that by telling family of our plans also caused them great pain and emotion. Even now 10 months after passing TRA my mother gets upset of the thought of us going. Why would we put our parents through this if we thought it would be for nothing

 

Shane

[MouseBear]

How about the age limit as wel? If someone was 43 and logded say 18 months ago, then cap and cease comes into play wouldn't this affect them being unable to apply??

 

I completely agree with Shane's point about the family stress involved too. Because although we think about our own visa situation it affects all of our families too. This is becoming a very distressing situation!

[crispysince70]

I and all the other people that are going through the whole visa process have followed every rule layed down in order to progress with our applications. We have broken the news to family, friends and sometimes employers. We have tunneled our lives into an existence, reined in our spending, put our lives on hold, all because we were told that if we followed the rules our dreams could become reality.

Very recently we were reasurred that as long as our applications were in the system we would have every chance of securing a visa. ( Yet again this was as long as we followed the rules layed down to us).

Now not only are our lives are on hold they are in turmoil too.

Every waking moment I wonder what will be happening next, I wake on a morning and go straight to the computer to see if anything has changed to alter our lives overnight. I believe this could be seen as mental torture.

We are human beings, not just numbers or figures on a spreadsheet, and I wish the decision makers in government would not forget this when messing callously with our lives.

[Guest jigish]

I and all the other people that are going through the whole visa process have followed every rule layed down in order to progress with our applications. We have broken the news to family, friends and sometimes employers. We have tunneled our lives into an existence, reined in our spending, put our lives on hold, all because we were told that if we followed the rules our dreams could become reality.

Very recently we were reasurred that as long as our applications were in the system we would have every chance of securing a visa. ( Yet again this was as long as we followed the rules layed down to us).

Now not only are our lives are on hold they are in turmoil too.

Every waking moment I wonder what will be happening next, I wake on a morning and go straight to the computer to see if anything has changed to alter our lives overnight. I believe this could be seen as mental torture.

We are human beings, not just numbers or figures on a spreadsheet, and I wish the decision makers in government would not forget this when messing callously with our lives.

I understand your frustration, but I doubt people in Canberra even want to hear this kind of argument, and rather sweep it under the carpet.

[Ozzieland]

I and all the other people that are going through the whole visa process have followed every rule layed down in order to progress with our applications. We have broken the news to family, friends and sometimes employers. We have tunneled our lives into an existence, reined in our spending, put our lives on hold, all because we were told that if we followed the rules our dreams could become reality.

Very recently we were reasurred that as long as our applications were in the system we would have every chance of securing a visa. ( Yet again this was as long as we followed the rules layed down to us).

Now not only are our lives are on hold they are in turmoil too.

Every waking moment I wonder what will be happening next, I wake on a morning and go straight to the computer to see if anything has changed to alter our lives overnight. I believe this could be seen as mental torture.

We are human beings, not just numbers or figures on a spreadsheet, and I wish the decision makers in government would not forget this when messing callously with our lives.

 

I 100% endorse what you have written. Everyone is aware that this immigration process is a stressful decision involving family, friends, etc. I entirely agree that this is mental torture and also a cause for a lot of embarassment.

[libbysmum]

I and all the other people that are going through the whole visa process have followed every rule layed down in order to progress with our applications. We have broken the news to family, friends and sometimes employers. We have tunneled our lives into an existence, reined in our spending, put our lives on hold, all because we were told that if we followed the rules our dreams could become reality.

Very recently we were reasurred that as long as our applications were in the system we would have every chance of securing a visa. ( Yet again this was as long as we followed the rules layed down to us).

Now not only are our lives are on hold they are in turmoil too.

Every waking moment I wonder what will be happening next, I wake on a morning and go straight to the computer to see if anything has changed to alter our lives overnight. I believe this could be seen as mental torture.

We are human beings, not just numbers or figures on a spreadsheet, and I wish the decision makers in government would not forget this when messing callously with our lives.

 

I second everything you say. An issue we may have is that since telling the OH's employer of our application, he says he may not renew the lease on his premises when it is up in 2 years time, as basically my OH runs the shop and he is a man of leisure and can't face going back full time if he leaves. If we are kept hanging on or even "capped and killed", this may leave us in quite an awkward position!!

[Guest jigish]

Guys, if you read the speech on MIA, you will find that minister clearly points out that chefs and hairdressers are in oversupply, so I think people who don't have these two occupations shouldn't be worried. What you guys think?

[crispysince70]

Guys, if you read the speech on MIA, you will find that minister clearly points out that chefs and hairdressers are in oversupply, so I think people who don't have these two occupations shouldn't be worried. What you guys think?

 

 

I have a problem....I'm a hairdresser.

[Ozzieland]

I have a problem....I'm a hairdresser.

 

Even if I am not a chef or hairdresser, if tomorrow they find my occupation in excess, they will cap and cease my application as well.... Who knows !!! This is something just not done at least not in this manner. According to the states, these professions are still required then why should you cap and cease those applications that are already received. This whole process costs a lot of money and emotions, if I may add, and if everyone knew right from the start that these occupations were not required, no one would have probably applied. The states are still sponsoring these professions and then, it disappears out of the blue !!!!

 

We do not have a problem on any rule changes but we do have a problem if it is done in such a hap-hazard manner without any consideration to another human.

[Guest Jane1991]

Guys, if you read the speech on MIA, you will find that minister clearly points out that chefs and hairdressers are in oversupply, so I think people who don't have these two occupations shouldn't be worried. What you guys think?

 

Minister had also talked about "language skills" ... and besides anyone and anything can be capped ... here is a scenario ... 1200 Software Developers in 88x need to be given visas ... pick 1200 with best IELTS scores from top and cap the rest.

 

The reason 'termination' and revocation of BVs has been created is to drive out former students who haven't been granted visas because they are a low priority. And minister now feels that its time to give these students closure by cancelling their BVs because their lives are on hold.

[Guest jigish]

I don't think IT is in oversupply.

[SHANO7]

Guys, if you read the speech on MIA, you will find that minister clearly points out that chefs and hairdressers are in oversupply, so I think people who don't have these two occupations shouldn't be worried. What you guys think?

 

Jiggish

 

My wife is an hairdresser >also if you have read previous statement from Senator Evans he says there is 17000 pending applications for these visas. I would imagine a high amount of people on PIO might well fall into these categories so whilst i understand why you have stated the above perhaps you can consider these peoples feelings and thoughts before making such a sweeping statement.

 

All WE all no is that when we lodged we were in demand. There shouldnt be anything else to discuss other than people that havent lodged.

[Guest Jane1991]

IMHO ... it could turn out to be a good thing for some hairdressers when they find that non-genuine hair stylists have been removed from the pipeline

 

Its too early to know how the instrument will work but it will enable Chris Evans to pick quality applicants without being too subjective/racist ...

[SHANO7]

Even if there is a oversupply of hair stylists and chefs .... "17000 pending" doesnt talk about the quality of those applicants...

 

So if the Minister has a vendetta against onshore students because they might/might not have rorted the system .. he could eliminate 886/885 applications of cooks ... without effecting 175/176 hairdressers ...

 

IMHO ... it could turn out to be a good thing for some hairdressers when they find that non-genuine hair stylists have been removed from the pipeline

 

Its too early to know how the instrument will work but it will enable Chris Evans to pick quality applicants without being too subjective/racist ...

 

Lets not count the chickens before they hatch

 

Good comment

 

It should depend on the skills and experiencce. My wife is 37 and has been styling hair since 17. Took a few years out to look after our daughte rprior to school and then took it up self employed. The funny thing is she has a full time job offer from my uncle who owns his own salon in Perth but cannot go down the ENS route as he only employs 2 people, another stupid rule !! A job offer is a job offer.

 

shane

[Guest pippa1]

Gill

 

Please can you mention those of us on bridging visa's in oz ...we have invested time, money and effort into Australia (oh and paid tax for 3 years!). We have children in school who's lives are also going to be thrown into turmoil.

 

FWIW I did not study cookery or hairdressing and have a job in my nominated occupation..

[Guest spurious]

The Minister has recently strongly hinted that some occupations (specifically chefs and cooks, although who knows whether that was just an example) may be included on State Migration Plan lists, and his provision for this would indicate he won't stand in the way if some states asked for those occupations to be included on their lists.

 

We can only hope that states are authorised to include the occupations that are not on the new skilled occupation list, and that may otherwise be capped. Having said that, I do fear that we may a situation much like when state sponsorship decreased processing times, by way of many thousands of applicants flocking to apply under state migration plans to save themselves from the chop. In that case, there would need to be a further cap on how many applicants states can approve under smp's or some other kind of infrastructure to stop today's solution becoming tomorrow's new nightmare.