Visa Capping - Senate Inquiry

[Guest keenuz]

who knows whats cming up? minister may use his powers and he may not ? soon he is going to get engaged with elections as well . and most important thing is it depends how arrely he will use this power ?

 

if there are 147000 applicants then dnt think that he will say that 45000 are going home. doesnt matter cookery , hairdressing or watever occupation is but they have to think alot and then lots of criticism is waiting for them aswell. whatever will happen we will know in 6 months and 1 thing is sure that after 1st july no pr applications for cooks and hairdressers unless they are sponsored which is very unlikely,,so number of GSM files will decrease in big numbers after 1st july. so just keep ur fingers crossed and who knows bill may not be passed by parliament. hmmm is it possible?

[Guest khotkunal]

Hello Friends,

I have been reading your expert comments about the bill lately.I am new to the details of the bill...

Can anybody if possible tell me when the decision on the bill is going to be taken in the parliment?

Thanks in advance..

KK...

[ranjith47]

Dont worry guys. This bill will not be passed in the parliament.

[Guest umairghias]

do u guys think we will get any update on tuesday 15th june 2010?

[rahulpatel1969]

Dont worry guys. This bill will not be passed in the parliament.

 

What makes u say that

[User Name]

I'm also a recent IT graduate, and finished my masters recently. I finished my whole masters program after applying for PR, and still no answer from DIAC. Does anyone think I can use my masters to get those extra 10 points, if perhaps in new point system they might prioritize applications according to points?

 

And I don't think it'll take 2012, because minister wants to clean the pipeline ASAP. So people will get good news from DIAC in this year or most probably be capped. I know its harsh, but circumstances point to this rather gloomy horizon.

 

See you guys on the chopping board... LOL

 

I think he will take his time. If the bill doesn't get passed I am sure this sinister minister has a plan B.

 

Last I read somewhere that he slashed the number of case officers at the processing centres.

[Graemsay]

Now, any RMA's know a good Immigration lawyer in Adelaide?

 

Seriously? You're complaining about the cost of flying to New Zealand to get a visa issued, and now you want to engage the services of a lawyer?!?

 

Qantas are selling return flights to NZ for around $350, and I you could do a solo trip for under $1000. A few hours consultation with a solicitor to send some strongly worded letters to DIAC will end up costing you a similar amount, and have no guarantee of success.

 

My advice would be to go with whatever option (flying to NZ, paying the lodgement fee if applicable) is the cheapest way to get a visa quickly. Yes, I know that your pride is at stake, and yes DIAC have screwed you around. But sometimes the best solution isn't free or fair.

[Guest beersheer]

amen.....

[Jeffster]

Seriously? You're complaining about the cost of flying to New Zealand to get a visa issued, and now you want to engage the services of a lawyer?!?

 

Qantas are selling return flights to NZ for around $350, and I you could do a solo trip for under $1000. A few hours consultation with a solicitor to send some strongly worded letters to DIAC will end up costing you a similar amount, and have no guarantee of success.

 

My advice would be to go with whatever option (flying to NZ, paying the lodgement fee if applicable) is the cheapest way to get a visa quickly. Yes, I know that your pride is at stake, and yes DIAC have screwed you around. But sometimes the best solution isn't free or fair.

 

 

You can't see very far past the end of your own nose can you?

 

Of course I can do the whole offshore application crap and spend $'000s MORE dollars to get MY visa.

 

Or, I could get a good Immigration lawyer to argue my case under the laws and regulations set by DIAC and set a precedent for THOUSANDS of applicants in the pipeline, clearing these people from the backlog, pushing everyone else forward and possibly preventing the Minsiter from ever using the powers he may or may not be handed very soon.

 

If I HAVE to spend the money I would rather help as many people as I can rather than just myself.

 

If you have any better ideas please post them.

[Guest shafaqat309]

Nice article on Capping, check here

[User Name]

 

Or, I could get a good Immigration lawyer to argue my case under the laws and regulations set by DIAC and set a precedent for THOUSANDS of applicants in the pipeline,.

 

I wouldnt put too much faith in immigration laws after all thats going on. What Gramesay suggested is the best option. I'd be more than happy to spend $5k or whatever it takes to do the ENS in an environment where potentially thousands of people who already spent tens of thousands of dollars might never have the visa stamped.

[Guest Gollywobbler]

Hi All

 

I've just sent my own submission about the new Visa Capping Bill to the Inquiry Secretary for the relevant Committee.

 

I tried to upload the thing as per their instructions but their system wouldn't have that since I am not in Australia, so I've attached the Submission to an e-mail instead. The on-line system demands that you name a State in Australia and give it an Aussie post code. I can't do either, so an e-mail will have to suffice instead.

 

They've accepted at least one other submission that was sent from the UK, so hopefully they'll accept mine as well.

 

Cheers

 

Gill

[Graemsay]

Jeffster, have you ever been involved in a legal dispute where solicitors are involved?

 

I have on a couple of occasions, and believe me they aren't cheap. An exchange of letters with DIAC could cost $1000, and setting a precedent will involve going to court which falls into the seriously expensive category.

 

A good lawyer will advise you not to do it.

 

As for the others in the queue, they might thank you, but they're not going to pay your legal bills.

 

Personally, I'd suggest you speak to DIAC and say that you've got a job in Australia and a company willing to provide sponsor you. That might be enough to bump you up the queue to the CO stage without having to change your visa application.

 

Failing that, be willing to go offshore to get a grant.

[Guest Gollywobbler]

Jeffster, have you ever been involved in a legal dispute where solicitors are involved?

 

I have on a couple of occasions, and believe me they aren't cheap. An exchange of letters with DIAC could cost $1000, and setting a precedent will involve going to court which falls into the seriously expensive category.

 

A good lawyer will advise you not to do it.

 

As for the others in the queue, they might thank you, but they're not going to pay your legal bills.

 

Personally, I'd suggest you speak to DIAC and say that you've got a job in Australia and a company willing to provide sponsor you. That might be enough to bump you up the queue to the CO stage without having to change your visa application.

 

Failing that, be willing to go offshore to get a grant.

 

Hi Graemsay

 

DIAC have already said, repeatedly, that job offers or even being employed in a job in Australia will not give anybody a leg-up in terms of their application for a GSM visa.

 

As far as the Minister for Immi is concerned, if an Aussie employer wishes to hire a migrant worker then the employer can put his money where his mouth is and sponsor the migrant for a visa.

 

I understand that many, many employers in Oz run small businesses and therefore they would not be eligible to sponsor a migrant. I gather that the Minister is completely unsympathetic towards an Aussie employer who finds himself in this position.

 

The Minister is simply not prepared to be deflected or distracted from his own Plan A, it would seem. My guess is that much of his determination is caused by the fact that he hasn't got a Plan B.

 

Cheers

 

Gill

[Guest Gollywobbler]

Hi All Carina Ford is a solicitor in Australia and she is an Accredited Specialist in Immigration Law, as far as I can work it out from what she has said. She is the Chairperson of the Immigration Law Committee of the Law Institute of Victoria (LIV.)

 

Via Ms Ford, the LIV have entered the debate about the Visa Capping Bill with all guns blazing. To marks to the LIV and to Carina Ford, in my view! :hug::notworthy:

 

Her submission is tough, tight and excellent. I thoroughly recommend reading it. It is the submission numbered 146 on the link below:

 

Parliament of Australia: Senate: Committees: Legal and Constitutional Affairs Committee: Migration Amendment (Visa Capping) Bill 2010 [Provisions]: Submissions Received

 

Cheers

 

Gill

[Guest chrissy990]

Hi All

 

I've just sent my own submission about the new Visa Capping Bill to the Inquiry Secretary for the relevant Committee.

 

I tried to upload the thing as per their instructions but their system wouldn't have that since I am not in Australia, so I've attached the Submission to an e-mail instead. The on-line system demands that you name a State in Australia and give it an Aussie post code. I can't do either, so an e-mail will have to suffice instead.

 

They've accepted at least one other submission that was sent from the UK, so hopefully they'll accept mine as well.

 

Cheers

 

Gill

We had to send our submission as an attachment to an email too (Sending it from UK) and had an email back stating it had been received by the committee.

 

Don't know if it will make any difference but we're now at the 'anything is worth a try' stage (£6000 spent and it looks unlikely we'll ever get a visa!!)

[Jimm]

I hope all these posts and submissions not to mention senate's own inquiry would persuade them to get rid of this black amendment.

We are all tired of waiting and praying and wants to see some action on pending visa's and some quick action !!!

[Purple Princess]

Hi All

 

I've just sent my own submission about the new Visa Capping Bill to the Inquiry Secretary for the relevant Committee.

 

I tried to upload the thing as per their instructions but their system wouldn't have that since I am not in Australia, so I've attached the Submission to an e-mail instead. The on-line system demands that you name a State in Australia and give it an Aussie post code. I can't do either, so an e-mail will have to suffice instead.

 

They've accepted at least one other submission that was sent from the UK, so hopefully they'll accept mine as well.

 

Cheers

 

Gill

 

Hi Gill,

 

You would be most welcome to use my postcode if you need to. You do an amazing job for us all on here.:notworthy:

Steph

xxxx

[George Lombard]

The institutional response to the Bill has been slow but another credible voice has been raised in protest today, see IEAA - News Articles .

 

The text of this statement is as follows:

 

IEAA Media Release:

 

Visa Capping Bill Proposals a Body Blow to Students and the Education Sector

 

 

The International Education Association of Australia (IEAA) today called on the Prime Minister and the Minister for Immigration and Community Affairs to urgently clarify the Government’s apparent proposed legislation to allow for the capping of international student visas.

The proposals are currently before the Senate Legal and Constitutional Affairs Committee of the Australian Parliament.

 

The proposed provisions appear to allow the Government, through the Minister for Immigration and Community Affairs to limit at will the number of temporary visas granted in any given year to international students or working holiday makers or temporary workers brought in by employers under the 457‐visa scheme.

 

"They are another body blow to an already embattled international education sector and to international students”, said IEAA Executive Director Dennis Murray.

 

Murray claimed, “the proposals will harm Australia’s reputation by causing further uncertainty about whether Australia is a country that welcomes international students.

 

“They also throw into serious disarray the long term planning of both public and private education institutions whose require a degree of certainty about their ability to maintain or grow numbers of international students.

 

“The education sector would be seriously alarmed if the Bill opened the way for the current or a future Immigration Minister to cap and terminate visa applications for spur of the moment political reasons, or because they were lodged by nationals of a particular country.

 

“Moreover, the very notion of a cap appears directly contrary of other efforts by the Government, through Austrade, to market and promote Australian education internationally.

 

“Austrade is required to promote Australia as a high quality, preferred study destination, and this proposal does everything to undermine that”, said Murray. “The Government doesn’t seem to understand that a whole‐of‐government approach to the education sector is essential”.

 

“The education sector is doubly aggrieved by this proposal by DIAC when Government called an industry consultation meeting in Canberra two weeks ago and the proposed change was not even mentioned. This shows serious bad faith towards the education sector. The Government’s rhetoric about consulting industry simply cannot be believed”, Murray said.

 

“Most worrying”, said Murray “are reports of students being unnecessarily anxious about whether they can remain in Australia on their current visas, to the point where some students’ physical and mental well appears to be under threat. The Prime Minister needs to address this as a matter of urgency and explain the reasons behind the proposal and the manner in which he sees it being implemented now and in the future”.

 

“In these circumstances of deep disquiet we request that the Government delay the rushed passage of the proposal and to provide adequate time for its consideration by the Parliament, the education sector and the wider community”.

 

 

 

 

 

@ Gill - my own submission from last Friday hasn't yet appeared on the Committee's official list of submissions, but given that each submission has to be formally accepted by the Committee, I imagine that they're dealing with quite a backlog by now. The critical players ought to be the education institutions who will suffer if the brand is damaged - disappointing that none of them are recorded as having made submissions to date but premature to assume that they're not interested. I'd be happy to add your submission to mind as an addendum.

 

 

Cheers,

 

 

George Lombard

[ramot]

Our submission also isn't shown yet either. 175 submissions showing when I checked yesterday, so be interesting how many more, like ours are waiting to be added to the list. The more the merrier! would love to think they could make a difference to this proposed Bill. Don't forget the date for submissions has been extended, so there is still time to lodge a protest.

[Jeffster]

Hi All Carina Ford is a solicitor in Australia and she is an Accredited Specialist in Immigration Law, as far as I can work it out from what she has said. She is the Chairperson of the Immigration Law Committee of the Law Institute of Victoria (LIV.)

 

Via Ms Ford, the LIV have entered the debate about the Visa Capping Bill with all guns blazing. To marks to the LIV and to Carina Ford, in my view! :hug::notworthy:

 

Her submission is tough, tight and excellent. I thoroughly recommend reading it. It is the submission numbered 146 on the link below:

 

Parliament of Australia: Senate: Committees: Legal and Constitutional Affairs Committee: Migration Amendment (Visa Capping) Bill 2010 [Provisions]: Submissions Received

 

Cheers

 

Gill

 

 

That is an excellent submission and recommend everyone read it.

 

While you are there have a look at submission 150, particularly the last sentence of the opening paragraph.

[Guest keenuz]

yeah ive read it and very well said who ever did it. true story of lot of intl students and once this bill passed and minister started using his power then that option will be used by many intl students as they wont be left with any other option.

karan

[Guest punita]

Yeah, absolutely right

 

Mental pressure on current students or any applicant in pipeline are on peak now.

 

In melbourne, one suicide is already reported.

 

Chris must be ready to seat on dead bodies if this law passes

 

It is not something, that we should have courage and look for the alternatives.

 

 

Damn, We spent our money and golden years of our youth for just waiting in visa granted. And suddenly one morning this F*k CAP AND CEASE appeared.

 

I regret on my decision to come Australia for both study and residency.

 

EXTREMELY Disappointed to aust immi.

[User Name]

yeah ive read it and very well said who ever did it. true story of lot of intl students and once this bill passed and minister started using his power then that option will be used by many intl students as they wont be left with any other option.

karan

 

I highly doubt he is in denial of international students plight or the fact that he is clueless about it.

 

He simply doesn't care about them.

[Guest punita]

But he did care for student when he wanted money to flush in Australia, at around 2003. Opened up many opportunities, favourable conditions, offered lollypop of residency to us.

 

This all backlog or unstability of GSM is created by him. It is his fault that he was not able to trace till now. Suddeny he is waking up to clear all this?

 

Getting in australia on student visa is not like getting train ticket to next suburb. Looking to the options offered earlier, we shaped our vision and thought to come here, not only for residency but to get a better environment, harmony and good culutre. We had our long term dreams and we abide to all rules he said to. But residency is prerequisite for all other value. We need to be on board!

 

If this law pass, it is not simple to go back to own country and start life again. EVery country had got its own education standard. There is a huge difference in education standard to my own country and so, no single employer would be happy to hire us. That means that we would be having huge 4 year gap in our life and we have to justify to any person who want to hire us. Nearly impossible!!....means no job....means no money.....means no life.........

 

Apart from that, cultural differences where many employer look to the academic qualification only, no matter how skilled or good we are, they would hesitate to hire us. We would be like alien to them.

 

To cut long story short, at any perspective, for international student or onshore applicant or offshore applicant, it is UNFAIR to cap and cease in middle of something. Get us in que.

 

BECAUSE EVERYONE STARTED WITH DREAM, CHRIS YOU ARE PLAYING WITH PEOPLE'S EMOTION.