Visa Capping - Senate Inquiry

[User Name]

Hi

 

I applied PR onshore as welfare worker 885 skilled independent....

Can I go for ENS or SMP, if yes then whats the procedure if anyone knows...

 

any advice and info is appreciated...

 

Hi man I think the Subclass is 856 for onshore. Just google '856 diac' should be the first link. Tells you all you need in eligibility section.

 

One requirement I remember is you need minimum salary of 47k. There are others.

[User Name]

Read this link Everything will be clear.

http://www.immi.gov.au/skilled/gener...-july-2010.pdf

 

And for all those people in the queue,keep an eye on ICT Recent graduates who are going to apply after 1 july 2010, if any one of them get a visa.. thats it 6400 will also get it..

 

Had a look at that link. I didn't get what you meant by 6400 will also get it. 2231-79 ICT recent grad and schedule 3 are different groups, 4 and 3 respectively unless I missed something.

[Guest jigish]

 

• A visa applicant who lodged their application before 1 July 2010 with an ASCO nominated occupation, may need to submit an ANZSCO skills assessment if it is subsequently obtained after 1 July 2010.
  

 

What does this mean? I don't need to withdraw my application and lodge another application, if I can get ANZSCO assessment?

[Guest]

Had a look at that link. I didn't get what you meant by 6400 will also get it. 2231-79 ICT recent grad and schedule 3 are different groups, 4 and 3 respectively unless I missed something.

 

I meant that 6400 people are in the queue having ICT 2231-79 category.If anyone with same degree,same ielts get PR ahead of me just because ACS has changed the ASCO to ANZCO does not make any sense

 

That is straight away legal battle betweem me and DIMMIA?

They cannot justify that?? can they? I just need anyone with the same degree as mine with assesment on the new ANZSCO code thats it!!

[Jeffster]

Today Tonight had a segment tonight on a South African couple and there cancer ridden Grandmother who DIAC might be turfing out. Didn't catch the whole thing but there was something about him being affected by rule changes a few years ago (as we all have!), they also mentioned how refugees are being let in far easier than other people. The anchor also spoke about another article they did last year about a UK man called Steve Evans who had waited years for his visa - apparently the Minister intervened and this guy recently got his visa (anything to do with his name?!)

 

I think the article will appear here by tomorrow:

 

Latest stories from Today Tonight on Yahoo!7

 

Might be an idea to send them an email and tell them these people are just the tip of the iceberg and give them your story, they might do a follow-up (as they often do when people see a piece then write to them in droves). I'll try and find 10 minutes tomorrow myself.

[User Name]

I meant that 6400 people are in the queue having ICT 2231-79 category.If anyone with same degree,same ielts get PR ahead of me just because ACS has changed the ASCO to ANZCO does not make any sense

 

That is straight away legal battle betweem me and DIMMIA?

They cannot justify that?? can they? I just need anyone with the same degree as mine with assesment on the new ANZSCO code thats it!!

 

I get what you are saying and share the same sentiment. But they made it clear that schedule 3 is group 3 and schedule 1 and all other didn't make the cut are group 4.

 

But if you look at the part where it says in that pdf file:

 

The options available for applicants who were in Australia when they made their application are:

•

continue to live and work in Australia (if their visa permits) while awaiting a decision on their visa application

•

consider eligibility for an employer sponsored visa, which would require a new visa application

•

consider eligibility for nomination by a state and territory government under a state migration plan, which would require a new visa application

•

apply for another substantive visa

•

withdraw their application and depart Australia.

Since everyone concerned with the priority processing has already applied for PR, the only substansive visa I can think is another application for PR (ie fork out more money).

 

I doubt its a careless overlook on DIAC's part. Its a calculated effort to fork out more money. As such it wont get fixed.

 

Secondly, if we do lodge a second application we need to withdraw the existing one first. Question is do we get refund for that?

 

Thirdly, with regards to your earlier post that we wont be classified as IT Recent grads as we passed 6 month mark of our studies, I dont think that will be an issue. If you chose to lodge another PASA with ACS, you will be classified under ANZSCO in same league as all ofshore IT guys. You will be assessed under group C, they go through your degree and pick the ANZSCO that best match your degree.

 

I may have missed something, I am not sure. But if I am correct and DIAC offers refund for withdrawing application, all you'll be out of pocket for is 400 dollars for another assessment. If they don't do refund, then you are looking at (Visa cost: $2525 + PASA: 400 = $2925) and yeah I guess its worth waiting than pay again.

[Guest Mongobear]

Secondly, if we do lodge a second application we need to withdraw the existing one first. Question is do we get refund for that?

 

 

[Guest proud2beaussie]

Question is do we get refund for that?

Hi User Name,

As far as I am aware DIAC have never given refunds for withdrawn applications,in fact I seem to remember this question being asked after the September 23 changes last year and if I am right DIAC claimed that they didn't have the authority to issue refunds under those circumstances,I doubt that anything will have changed on that front sadly.

Cheers

Nigel

[User Name]

Well there we go, I guess only option is wait or pay more money. But those recent grads with ANZSCO will definitely get theirs before. I'll call DIAC tomorrow and see what they have to say.

[Guest Mongobear]

Hi User Name,

As far as I am aware DIAC have never given refunds for withdrawn applications,in fact I seem to remember this question being asked after the September 23 changes last year and if I am right DIAC claimed that they didn't have the authority to issue refunds under those circumstances,I doubt that anything will have changed on that front sadly.

Cheers

Nigel

 

Here's a statement from yesterdays announcement (page 4).

 

Options available to applicants in priority group 4

 

consider eligibility for an employer sponsored visa, which would require a new visa application;

consider eligibility for nomination by a state or territory government under a state migration plan, which would require a new visa application

[...]

Please note: Applicants are not entitled to a refund of their Visa Application Charge or compensation for other costs incurred in making an application.

[Guest]

I get what you are saying and share the same sentiment. But they made it clear that schedule 3 is group 3 and schedule 1 and all other didn't make the cut are group 4.

 

But if you look at the part where it says in that pdf file:

 

Since everyone concerned with the priority processing has already applied for PR, the only substansive visa I can think is another application for PR (ie fork out more money).

 

I doubt its a careless overlook on DIAC's part. Its a calculated effort to fork out more money. As such it wont get fixed.

 

Secondly, if we do lodge a second application we need to withdraw the existing one first. Question is do we get refund for that?

 

Thirdly, with regards to your earlier post that we wont be classified as IT Recent grads as we passed 6 month mark of our studies, I dont think that will be an issue. If you chose to lodge another PASA with ACS, you will be classified under ANZSCO in same league as all ofshore IT guys. You will be assessed under group C, they go through your degree and pick the ANZSCO that best match your degree.

 

I may have missed something, I am not sure. But if I am correct and DIAC offers refund for withdrawing application, all you'll be out of pocket for is 400 dollars for another assessment. If they don't do refund, then you are looking at (Visa cost: $2525 + PASA: 400 = $2925) and yeah I guess its worth waiting than pay again.

Well Now Understand guys ...

I have finished my degree in 2008 aug applied for ICT Recent Graduate 2231-79 assesed and Applied for 886 onshore visa.

Now after 6 months i will not be considered as a recent graduate and so i cannot apply any other visa aprt from employer or state sponsored switching.

Secondly ACS clearly says that if you have used your previous assesment for migration purposes it cannot be assesed again.

Now if you want to be reassesed then it has to be a fresh application ie catagory 3 which is 2 years work exp??

can a graduate who has graduated 1.5 yrs ago shows a 2 year work ex??

i think now you got the answer

[User Name]

Now if you want to be reassesed then it has to be a fresh application ie catagory 3 which is 2 years work exp??

can a graduate who has graduated 1.5 yrs ago shows a 2 year work ex??

i think now you got the answer

 

http://www.acs.org.au/assessment/docs/SUMMARY_OF_CHANGES_PASA_GUIDELINES_FOR_APPLICANTS.pdf

 

Check out group A.

 

But have to say, unless its ENS to bump you to group 1, I wouldn't bother paying that much just for group 3.

[Guest Manj]

Here's a statement from yesterdays announcement (page 4).

The options available for applicants who were in Australia when they made their application are:

•

continue to live and work in Australia (if their visa permits) while awaiting a decision on their visa application

•

consider eligibility for an employer sponsored visa, which would require a new visa application

•

consider eligibility for nomination by a state and territory government under a state migration plan, which would require a new visa application

•

apply for another substantive visa

•

withdraw their application and depart Australia.

 

Do you now what this is called- it's called 'Daylight robbery' - disgusting is'nt it?

 

they just try milking our purse until we go broke - "People our Business " - I doubt it - I think DIAC should change their freeking slogan to "MONEY-OUR BUSINESS"

 

:mad:

[Guest TheStig]

The options available for applicants who were in Australia when they made their application are:

•

continue to live and work in Australia (if their visa permits) while awaiting a decision on their visa application

•

consider eligibility for an employer sponsored visa, which would require a new visa application

•

consider eligibility for nomination by a state and territory government under a state migration plan, which would require a new visa application

•

apply for another substantive visa

•

withdraw their application and depart Australia.

 

Do you now what this is called- it's called 'Daylight robbery' - disgusting is'nt it?

 

they just try milking our purse until we go broke - "People our Business " - I doubt it - I think DIAC should change their freeking slogan to "MONEY-OUR BUSINESS"

 

:mad:

 

WOW.. isnt't great to have so many choices given by DIAC!!Out of the 5, 3 requires one to fork out another 3-4K for a new application (mind you processing changes might and will occur in the future again), one gives you the wonderful choice of shutting the hell up and wait another 3-4 years (if you are lucky!) to get processed and the best of all would be the last option;

 

• withdraw their application and depart Australia.

 

Basically my intepretation of this option would be, Thank you for you $$$, now take your application and pi$$ off cos we dont need you anymore!

[Guest]

http://www.acs.org.au/assessment/docs/SUMMARY_OF_CHANGES_PASA_GUIDELINES_FOR_APPLICANTS.pdf

 

Check out group A.

 

But have to say, unless its ENS to bump you to group 1, I wouldn't bother paying that much just for group 3.

 

Thats a prob Mate Please understand!!! They will not access a degree of 2008 graduate under group 1 as you are no longer a graduate and you have used your previous assesment for migration purposes!!!

 

I think i have already posted the link of that document in my previous posts.Please check

[Jeffster]

Can someone explain what ANZSCO, ASCO and all that is about? I am IT nec, what am I? Who am I? Which list am I in? Where am I? What number am I? (They should put Govt. Health Warnings on residency applications - "Warning: Applying for a Visa could damage your mind, body and soul.")

[Guest Gollywobbler]

WOW.. isnt't great to have so many choices given by DIAC!!Out of the 5, 3 requires one to fork out another 3-4K for a new application (mind you processing changes might and will occur in the future again), one gives you the wonderful choice of shutting the hell up and wait another 3-4 years (if you are lucky!) to get processed and the best of all would be the last option;

 

• withdraw their application and depart Australia.

 

Basically my intepretation of this option would be, Thank you for you $$$, now take your application and pi$$ off cos we dont need you anymore!

 

Hi TheStig

 

Once again, I agree with you completely.

 

Cheers

 

Gill

[Jeffster]

Latest articles:

 

Student body slams new rules on immigration

 

Andrew Trounson

13 July 2010

The Australian

THE head of a new international student body says the government's immigration changes hit student residency hopes.

The new Council of International Students Australia is also calling for the reform of work restrictions on students and increased student accommodation. It also wants NSW and Victoria to finally extend travel concessions to international students.

CISA president Robert Atcheson, a 32-year-old Texan studying law at the Australian National University, said that in cracking down on dodgy colleges exploiting the system, the government was also targeting students.

"They have come here under a legislative expectation that if they complete their studies they would be eligible to apply for permanent residency, and they are already here and have already paid their fees," Mr Atcheson told The Australian.

The government has narrowed the number of occupations eligible for permanent residency, putting more emphasis on employer sponsorship. The changes are partly aimed at stamping out the practice, facilitated by unscrupulous colleges, of students studying vocational courses like hairdressing and cookery simply to secure residency with no intention of working in the course area.

The government is offering graduates hit by the changes an 18-month visa in which to try to secure work experience and sponsorship.

But the international education sector fears that a backlash from frustrated students caught out by the changes could damage Australia's reputation overseas.

http://www.theaustralian.com.au/higher-education/student-body-slams-new-rules-on-immigration/story-e6frgcjx-1225890939874

 

 

New peak body for all international tertiary students

John Ross

12 July 2010

Campus Review

Australia’s new peak body for international students has its work cut out for it.

International students from all post-school educational sectors now have unified a representative voice, following elections to the new Council of International Students Australia (CISA) in Hobart last week.

The peak body boasts 52 founding organisations from all states and from the four post-school sectors of postgraduate, undergraduate, VET and “pre-university” – a term which covers English language schools as well as university colleges.

The meeting elected an executive committee of 14, also comprised from all the sectors. Inaugural president Robert Atcheson – a Texan undertaking juris doctor, a postgraduate law program, at the Australian National University – said more executive positions would be created at the state level.

Atcheson said he also expected the number of member organisations to double or triple, as organisations not represented at the Hobart meeting came on board.

He said having all sectors represented in one peak organisation would be a huge advantage, creating an elected voice ready to talk to the national government.

Atcheson said the international student roundtable last September had showed why a unified voice was needed.

“Out of around 500,000 international students in Australia at that time, they had 1300 applications but only selected 31 – not a very good representative sample.”

He said immigration reform would be a priority issue for the new body, particularly following the release of the new skilled occupation list.

“We’ll also be dealing with welfare issues such as housing, transportation and work rights. And the personal safety of international students, especially in light of the recent attacks.”

National Union of Students (NUS) president Carla Drakeford said CISA’s establishment was “the beginning of a new era for international students”. But she said the new body would have its work cut out over the next six months.

“Issues ranging from transport concession cards to safety and housing and the quality of the international student experience – we wish them well,” she said.

“NUS will be working closely with CISA going forward, and our international student officer will be an ex-officio member of the executive. Building links between NUS, CISA and the Council of Australian Postgraduate Associations will ensure international students’ interests are looked after.”

New peak body for all international tertiary students - Campus Review

[Guest Gollywobbler]

Hi Jeffster

 

But the international education sector fears that a backlash from frustrated students caught out by the changes could damage Australia's reputation overseas.

 

I think Australia's reputation has already been damaged overseas. I think the damage will get far worse than it already is, as a matter of fact.

 

But so what? The Australian Government has done this to the International Education sector and to Australia generally.

 

Hopefully the International Education sector will make the mother and father of a fuss about it during the Election campaign, to make it clear to Gillard how badly her party has let this sector down, and to warn Abbott's lot that they had better produce some convincing plans for rescuing the future of International Education in Oz.

 

Cheers

 

Gill

[Jeffster]

 

they just try milking our purse until we go broke - "People our Business " - I doubt it - I think DIAC should change their freeking slogan to "MONEY-OUR BUSINESS"

 

:mad:

 

 

Non-refund of VAC is an issue that REALLY gets up my nose, especially with cases (such as mine) where no CO has been assigned (ie. no actual work on the processing has been done).

 

Can we complain about this?

 

I just did a bit of searching and found that we can:

 

Making a complaint - Commonwealth Ombudsman

 

"Immigration

The Commonwealth Ombudsman can investigate complaints about the Department of Immigration and Citizenship in the same way as any other Australian Government department or agency."

 

Now much of this is aimed at complaints about people kept in detention for years (hey! that's us onshore people right!) but they are also mandated to deal with complaints from regular applicants and users of DIAC services.

 

I'm thinking rather than lots of individual complaints one well-drafted letter with people signing it might be more effective?

 

I'm on hols next week so will have time, but only if there is enough interest.

[Guest Manj]

Non-refund of VAC is an issue that REALLY gets up my nose, especially with cases (such as mine) where no CO has been assigned (ie. no actual work on the processing has been done).

 

Can we complain about this?

 

I just did a bit of searching and found that we can:

 

Making a complaint - Commonwealth Ombudsman

 

"Immigration

The Commonwealth Ombudsman can investigate complaints about the Department of Immigration and Citizenship in the same way as any other Australian Government department or agency."

 

Now much of this is aimed at complaints about people kept in detention for years (hey! that's us onshore people right!) but they are also mandated to deal with complaints from regular applicants and users of DIAC services.

 

I'm thinking rather than lots of individual complaints one well-drafted letter with people signing it might be more effective?

 

I'm on hols next week so will have time, but only if there is enough interest.

 

 

Hi Jeffester, I'm in for this... I think we should do this as you said' collectively' :notworthy:

 

from my part - I will be tell people I know who are affected by this 'AUSTRALIAN MIGRATION SCAM' to sign this ... I know quite a lot of em.

 

I think it's time we did something to stop this bunch of clowns performing daylight robbery!!! :cute:

 

Guys... out there any suggestions, idea's ...... I'm sure we have 100k odd people affected by this SCAM!!!!:wubclub:

[ramot]

I'm wondering if as you say a well drafted letter to absolutely everyone that any one can think of would be a good idea. Posted to every news program, presenter of every current affairs program, potential politician, newspaper and uncle tom cobbly and all. The International Student union should also come on board, so that a unified approach to highlight the treatment of International students, (especially those in limbo, who can't leave without permission, have committed thousands of dollars to study here, settled here paying taxes, were encouraged by the government to follow this route, and are now being treated so badly). Who exactly does Australia want here??!! If not potential immigrants who have already shown a total commitment to Australia, and just want to stay and become "hard working Australians" to quote a certain Prime Minister candidate, then who? Most of our friends here are horrified when they learn of the treatment to genuine students, so perhaps more should know what is going on.

If this letter is a possibility, then it has to focus on the facts and not be an emotional out pouring, even though of course we all feel so angry about everything.

[Guest Manj]

I'm wondering if as you say a well drafted letter to absolutely everyone that any one can think of would be a good idea. Posted to every news program, presenter of every current affairs program, potential politician, newspaper and uncle tom cobbly and all. The International Student union should also come on board, so that a unified approach to highlight the treatment of International students, (especially those in limbo, who can't leave without permission, have committed thousands of dollars to study here, settled here paying taxes, were encouraged by the government to follow this route, and are now being treated so badly). Who exactly does Australia want here??!! If not potential immigrants who have already shown a total commitment to Australia, and just want to stay and become "hard working Australians" to quote a certain Prime Minister candidate, then who? Most of our friends here are horrified when they learn of the treatment to genuine students, so perhaps more should know what is going on.

If this letter is a possibility, then it has to focus on the facts and not be an emotional out pouring, even though of course we all feel so angry about everything.

 

I agree.... it has to be very well drafted with no emotional outpouring!!

 

What do yo think Jeffster? Do you want me to lookup the international student union contact and ask them to join in? We need to coordinate this process...tell me what you need done Jeffster and I will start working on it!!

:cute:

_______________________________

 

CAT (4), 885 applied 2008 AUG, ICT - Recent graduate NEC, IELTS 8.0, NAATI qualified, Currently employed as an ICT Project Officer

[Guest proud2beaussie]

You would have to seek advice from the ombudsman as to whether it is possible to launch what is effectively a class action,it may well be possible but there is a chance that they may say that each applicant has to complain individually,best to get correct advice first rather than go to a lot of trouble drafting a joint complaint if the Ombudsman Act doesn't allow them to deal with complaints in that form.

I would send an email to them first:

ombudsman@ombudsman.gov.au

Good luck

Cheers

Nigel

[Guest umairghias]

I'm wondering if as you say a well drafted letter to absolutely everyone that any one can think of would be a good idea. Posted to every news program, presenter of every current affairs program, potential politician, newspaper and uncle tom cobbly and all. The International Student union should also come on board, so that a unified approach to highlight the treatment of International students, (especially those in limbo, who can't leave without permission, have committed thousands of dollars to study here, settled here paying taxes, were encouraged by the government to follow this route, and are now being treated so badly). Who exactly does Australia want here??!! If not potential immigrants who have already shown a total commitment to Australia, and just want to stay and become "hard working Australians" to quote a certain Prime Minister candidate, then who? Most of our friends here are horrified when they learn of the treatment to genuine students, so perhaps more should know what is going on.

If this letter is a possibility, then it has to focus on the facts and not be an emotional out pouring, even though of course we all feel so angry about everything.

 

 

Hi very good idea ! i am up for it as well . Let me know if anything i can do from my part . We could gather all the email addresses and send to everyone.