Pre september applicants-let us count how many of us?

[Guest Gollywobbler]

VB,

 

Just look at the tone that Moderator has against the OP. Absolutely no sympathy at all.

 

Thank goodness we have GILL here :notworthy:

 

Hi again, VB or someone

 

Is there any chasnce that one of you could go onto the BE forum and invite poor Bossfishy to come onto this forum, please?

 

The poor man needs some TLC, not a thick ear, poor soul.

 

Many thanks

 

Gill

[Guest tomtom]

Just look at the tone that Moderator has against the OP. Absolutely no sympathy at all.

 

 

Yes the mods on british ex pats are shocking to say the least.

[Guest Susan Wareham McGrath]

Hi again, VB

 

In the applicant's shoes I would make an IMMEDIATE formal complaint to the Global Feedback Unit and I would e-mail a copy of my complaint to Andrew Metcalfe.

 

It is completely OUTRAGEOUS to purport to chop somebody off at the knees after 3 years of patient waiting and then to have the sheer and utter audacity and ill-manners and lack of consideration to tell him vaguely that he can carry on waiting for his money until somebody eventually gets around to sending that "shortly."

 

Why hasn't this Manager person got the ordinary decency and common sense even to tell the poor person when, precisely, this time called "shortly" might expire?

 

:mad::policeman::realmad:

 

Cheers

 

Gill

 

It's an utter disgrace. This whole capping and ceasing initiative is yet another example of breathtaking arrogance and disrespect on DIAC's part.

 

What doesn't it get about the fact that good people put their lives on hold for years waiting for a decision to be made on their application? Children grow up during that time, investment opportunities are let slip, career opportunities not taken up, the emotional, psychological and physical stress that people suffer is more than just significant.... and then DIAC decides to case their applications, although they met all the requirements when they applied! Unbelievable.

 

And don't even get me started on my thoughts about DIAC's recent transparently spin-doctored, rationale "It will give them certaintly"! Having their applications assessed in a professional and efficient way would have given them far more certainty, far sooner and been compliant with the principles of natural justice.

 

As if that's not enough, DIAC then adds insult to injury by trumpeting its spin-doctored, empty slogan - "People our Business" and plastering it over all its corporate documents. For goodness sake - my cat could have come up with something more realistic.

 

DIAC should take a leaf out of the new Australian Tourism campaign and rebrand itself as "DIAC - there's nothing like it". Because, fortunately, there isn't.

 

What a clumsy way to notify someone that their dreams and aspirations have just been crushed.

 

And on that note, medicals, translations, agents fees where applicable, IELTS expenses, just to name a few, were all entered into by applicants because they would be needed sooner or later in the immigration application process.

 

DIAC might have the legal right to only refund ceased applicants' VACs, but morally and ethically, it should refund the lot.

 

Regards

Susan

[Guest TheStig]

VB,

 

Just look at the tone that Moderator has against the OP. Absolutely no sympathy at all.

 

Thank goodness we have GILL here :notworthy:

 

That's one of the main reasons why Ive stopped posting there after all these years...

[Guest fat]

That's one of the main reasons why Ive stopped posting there after all these years...

 

lol . . Just had a quick read through that thread and surprisingly the one called Dorothy wasn't the worst of the lot THIS time.. and the thread is closed so I can not post..

 

Seriously some of the stuff those moderaters come up with makes me laugh

 

I used to post there myself but this place is frendlier.

[ramot]

Hi again, VB or someone

 

Is there any chasnce that one of you could go onto the BE forum and invite poor Bossfishy to come onto this forum, please?

 

The poor man needs some TLC, not a thick ear, poor soul.

 

Many thanks

 

Gill

 

I did send him a pm, so hope he will join this forum.

[Guest Gollywobbler]

I did send him a pm, so hope he will join this forum.

 

Hi Ramot

 

Thanks very much indeed for contacting Bossfishy. The poor guy's thread has now been closed.

 

Cheers

Gill

[electrical guy]

Hi Ramot

 

Thanks very much indeed for contacting Bossfishy. The poor guy's thread has now been closed.

 

Cheers

Gill

 

but i got another notification by mail in reply to visa capping submission saying no capping has done yet.here is mail....

 

Thank you for your email of 4 June 2010 to the Minister for Immigration and Citizenship, Senator Chris Evans, concerning the Migration Amendment (Visa Capping) Bill 2010. The Minister has asked me to respond on his behalf.

As you know, on 26 May 2010, the Visa Capping Bill was introduced into Parliament. This Bill has not yet been passed, and is currently before the Senate Legal and Constitutional Affairs Committee for report and inquiry, with an intended reporting date of 11 August 2010.

The Bill seeks to amend the Migration Act 1958 (the Act) to give the Minister greater power to effectively manage the migration program through the ability to limit the number of visas of a certain visa class or subclass that can be granted in a financial year on the basis of certain characteristics.

It is intended that a limit would be set on the basis of such selection factors as the nominated occupation and English language ability of the primary applicant, the date the application was lodged (which may include a date in the past) or a combination of these factors. Once a limit is reached, any further applications would be taken not to have been made.

You may be interested to know that the Minister already has this general power. Section 39 of the Act currently allows the Minister to limit the maximum number of visas of a particular visa class or subclass that may be granted in a financial year. Similar to the amendments proposed by the Visa Capping Bill, once a cap set under section 39 is reached any outstanding applications are taken not to have been made.

However, this current power does not allow the Minister to differentiate between applications on the basis of characteristics of the applicant or the application, such as the applicant’s nominated occupation. If a cap is set, it must be applied to all applicants for the specified visa class or subclass, irrespective of whether they have the skills or attributes that are in demand. The current power lacks the precision required to be responsive to Australia’s needs and strategically manage the skilled migration program

Please note that the Bill is not currently operative and no actual cap is being considered at present. This Bill seeks only to give the Minister the power to implement a cap in future if necessary. Any exercise of this power would be subject to a subsequent legislative instrument being made that specifies the maximum number of visas that may be granted in a financial year.

I trust this information is of assistance.

 

so whats going on guys and wait a moment ..........now whats new ?recent changes says opposite to this

[Ozzieland]

I did send him a pm, so hope he will join this forum.

 

I too sent him a note.

[Guest Bossfishy1]

Been waiting 3years this week,just been told we are ceased and will be refunded (General electrician still on the very latest,newest skills list!!!!!!!!!!!!!!!!!!!!!!!!!!!!!and state sponsored,no criminal record and all family healthy. work that one out cos I cant

[Guest babboo]

I too sent him a note.

 

Well I am not sure if this post is for real from BOSSY FISH...:chatterbox: may be .... We should ask him to please attach or paste the text received by him from ASPC....

 

Ok .. I just asked him to join here and post the reply

[electrical guy]

Professionals and other Skilled Migrants

 

 

 

• Overview
• Visa options
  

 

 

What's New? Recent Changes in General Skilled Migration

 

Capping and ceasing of specified offshore GSM applications lodged before 1 September 2007 – 1 July 2010

 

someone tell what r that specifications and for which fy

[Guest roselyn]

i sent ple and here's their reply:

 

Dear

 

 

Thank you for your email in relation to your visa application under Australia's General Skilled Migration program.

 

It would seem that we have an issue with your email address and you may not be able to receive the letters about the ceasing of your application and refund of the visa application charge which will be sento out shortly.

 

We need to clarifiy what your email address is and I ask that you send us a 1193 form as attached once you have completed and scanned it. The form needs to go to

adelaide.gsm.documents@immi.gov.au

You have used xxxxxxxxx@yahoo.com

but we have the official address listed as xxxx@yahoo.com

 

 

Yours sincerely, Robert B for

 

Adelaide Skilled Processing Centre communications unit

 

General Skilled Migration

Department of Immigration and Citizenship

[Ozzieland]

Well I am not sure if this post is for real from BOSSY FISH...:chatterbox: may be .... We should ask him to please attach or paste the text received by him from ASPC....

 

Ok .. I just asked him to join here and post the reply

 

He has come online and I saw him post some here.

[virtual_bajwa]

VB,

 

Just look at the tone that Moderator has against the OP. Absolutely no sympathy at all.

 

Thank goodness we have GILL here :notworthy:

Yes Ozzie,

I know I am also the member of that forum. But I very rarely on that post. This is how the rules of that forum are. We can not talk anything about them . This is their way of running the system. Our system here is little different. Yes thank God we have a very supportive person like Gill. We are very thankful to her.

[Guest Gollywobbler]

Been waiting 3years this week,just been told we are ceased and will be refunded (General electrician still on the very latest,newest skills list!!!!!!!!!!!!!!!!!!!!!!!!!!!!!and state sponsored,no criminal record and all family healthy. work that one out cos I cant

 

Hi Bossfishy

 

I copied your post into this thread because this thread has become the "meeting point" for people who applied for visas prior to 1st September 2007.

 

On 8th February 2010, the Minister announced that he intended to Cap & Terminate all the un-finalised applications for offshore visas that were received by DIAC prior to 1st September 2007:

 

http://www.minister.immi.gov.au/media/media-releases/2010/ce10006.htm

 

To do this, the Minister is using the "Cap & Kill" power given to him by Section 39 of the Migration Act 1958. No other power currently exists to enable the Minister to do as he is trying to do in the cases of people like yourself.

 

I note that you are a General Electrician. Please could you tell me as follows:

 

1. How old are you at the moment, please?

 

2. Where do you live at the moment?

 

3. What formal qualifications do you currently hold?

 

4. If it is relevant, what was your score in the IELTS, please?

 

5. Have you been working as a General Electrician for at least 12 out of the last 24 months?

 

6. If you are eligible to apply again, under the much stricter rules that have come into force today, 1st July 2010, would you still be interested in moving to Australia?

 

7. Do you have any family members in Australia? If so, what relation are they to you, please?

 

8. I think you said on British Expats that you have applied for a subclass 136 visa? Please could you just either confirm that I'm right or tell me which visa you had applied for, please?

 

Finally, I am expecting a legal challenge in the Courts in Australia. You probably won't be the visa applicant who sues the Minister for Immigration in the Courts in Australia but I will be very surprised if nobody sues him.

 

Ever since the Minister first made his announcement, people have been asking Accredited Specialists in Immigration Law (the senior solicitors in this field) whether it is lawful for the Minister to carry out his threat? This group of solicitors (there are about 50 of them in total) have all said that they want to wait to see the letters that DIAC send to the affected applicants. Once the solicitors see the letters, they will analyse them closely to see (a) what DIAC have said; and (b) whether DIAC have made any legal mistakes with the letters.

 

I assume that you have received an e-mail from DIAC, telling you that they have used Section 39 in order to Cap & Terminate your visa application? Could you copy the text of whatever they have sent you and post it into a reply in this thread, please?

 

Many thanks :notworthy:

 

Gill

[Guest Gollywobbler]

Yes Ozzie,

I know I am also the member of that forum. But I very rarely on that post. This is how the rules of that forum are. We can not talk anything about them . This is their way of running the system. Our system here is little different. Yes thank God we have a very supportive person like Gill. We are very thankful to her.

 

Hi VB

 

Let us not waste time discussing any other forum. It doesn't get any of us anywhere if we waste time talking about other people and their approaches to life, in my view.

 

I have just replied to BossyFish, as you will see.

 

In the meantime, you and RahulPatel are definitely safe from Section 39. You would not continue to be safe if the new Visa Capping Bill becomes Law but DIAC have admitted that the Minister cannot Cap & Kill your respective applications by virtue of S39. The reason is because both you and Rahul have applied for SIR visas.

 

The DIAC announcement is here:

 

What's New? Recent Changes in General Skilled Migration

 

So - they have caved in on S39 so far as you are concerned and we all hope that their appalling new Cap & Kill Bill will not become law.

 

Cheers

 

Gill

[virtual_bajwa]

Hi everyone.

I am really sorry that I could not able to post anything on for 2 days as I was out of my native place and was not in contact wit internet. Well, I have noticed that lot has been announced on the DIAC website , adding to more confusion, of applicants. I have also noticed few changed in relation to the Pe September applicants ,which is exactly the changes announced on the COM law website. But it has been said that the policy of refund will be announced shortly. And nothing has been written about the number of capping classes. And they have not mentioned anything on Temporary visa classes like 496 and 495.

Here is the new changes on Pre September applicants....

 

Capping and ceasing of specified offshore GSM applications lodged before 1 September 2007 – 1 July 2010

 

On 8 February 2010, the Minister for Immigration and Citizenship, Senator Chris Evans, announced that applications for certain offshore skilled migration visas made before 1 September 2007 would be capped and ceased. The Minister has now set the maximum number of visas that can be granted for the specified visa classes in the 2009-10 financial year. As the cap has now been reached, applications subject to the capping decision have now ceased. As part of this process the relevant Visa Application Charge(s) will be returned to the applicant and information about the method of repayment will be available on this website shortly.

The following visa subclasses have been affected by this arrangement.

 

 

• Skill Matching (Subclass 134)
• Skilled – Independent (Subclass 136)
  
• Skilled – State/Territory-Nominated Independent (Subclass 137)
  
• Skilled – Australian Sponsored (Subclass 138)
  
• Skilled – Designated Area Sponsored (Subclass 139).
  

 

[virtual_bajwa]

Difference between Skilled – Designated Area Sponsored (Subclass 139) and Skilled – Designated Area Sponsored( Provisional) Visa( Subclass 496) ....

 

From 1 July 2006, the Migration Regulations 1994 will be amended so that valid applications can no longer be made for a Subclass 139, Skilled - Designated Area-sponsored (SDAS) visa. That subclass will be replaced with a two-stage SDAS visa process. To be eligible for the grant of a Subclass 496, SDAS (Provisional) visa an applicant for that visa will need to:

 

 

• be under 45 years of age;
  
• have good English skills;
  
• have recent skilled work experience;
  
• be sponsored by an eligible relative living in a designated area of Australia; and
  
• have skills and qualifications assessed by a relevant assessing authority as suitable for an occupation on the Skilled Occupation List (SOL).
  

 

This visa is not points tested.

To apply for a Subclass 883 SDAS (Residence) visa, an applicant for that visa must hold a SDAS (Provisional) visa and have held a SDAS (Provisional) visa for at least two years. The applicant must have also complied with the conditions of the SDAS (Provisional) visa.

SDAS (Provisional) visa holders should apply for a SDAS (Residence) visa on or before the expiry date of their SDAS (Provisional) visa.

To apply for a SDAS (Residence) visa the applicant must:

 

 

• have held a SDAS (Provisional) visa for at least two years;
  
• be sponsored by an eligible relative;
  
• have lived for two years in a designated area in the same State or Territory in which the holder's sponsor lived when the holder was first granted a Subclass 496, SDAS (Provisional) visa;
  
• have worked full-time for at least 12 months in a designated area in the same State or Territory in which the holder's sponsor lived when the holder was first granted a Subclass 496, SDAS (Provisional) visa; and
  
• have good English skills.
  

 

The applicant may be inside or outside Australia when applying for and granted a SDAS (Residence) visa.

Technical details

 

The following provisions of the Regulations will be amended/inserted:

Schedule 1:

Item 1128B - no applications from 1 July 2006 from applicants seeking to satisfy the criteria for the grant of a Subclass 139 visa

Item 1134 - requirements to make a valid application for new SDAS (Residence) (Class CC) visa

Item 1226 - requirements to make a valid application for new SDAS (Provisional) (Class UZ) visa

Schedule 2:

Part 139 - requirement that the application be made before 1 July 2006

Part 496 - criteria for grant of new Subclass 496 SDAS (Provisional) visa

Part 883 - criteria for grant of new Subclass 883 SDAS (Residence) visa

Additional information: Nil

Transitional arrangements: Nil

Forms: 47ST

Instructions: PAM3 The relevant policy documents have been updated to reflect these amendments

Effect on delegations: Nil

Effect on systems: ICSE will be updated to reflect these amendments

 

Here is the link to this legislation amendment....

http://www.immi.gov.au/legislation/amendments/2006/060601/lc01062006-12.htm

 

 

Gill's kind attention is needed here. Does that mean Class 496 also come under the capping now.....??

[virtual_bajwa]

It has been clearly mentioned here that Skilled – Designated Area Sponsored (Subclass 139) was applicable to the applications launched before July 2006. So, it will not effect us. But as soon as the bill is passed in the parliament Minister has the every power to kill any visa subclass.

[Guest apples]

Hi everybody

 

can anyone plz tell me whether my application is also ceased as iama pre september 2007 applicant,Analyst programmer (which is there in the new sol) having a caseofficer & job verification also done.I was waiting long here in the queue since 22nd august 2007 ,I didnt get any emails or letter from diac about my application ceased or anything like Bossyfishy1 as received,

And VB u have mentioned that capping visa as reached ,i knew that the minister has announced about 2500 visa for subclass 136,so has any preseptember 2007 applicant got their visa these days.Has teh mentioned 2500 has been granted.plz anybody here plz respond.

[virtual_bajwa]

Hi everybody

 

can anyone plz tell me whether my application is also ceased as iama pre september 2007 applicant,Analyst programmer (which is there in the new sol) having a caseofficer & job verification also done.I was waiting long here in the queue since 22nd august 2007 ,I didnt get any emails or letter from diac about my application ceased or anything like Bossyfishy1 as received,

And VB u have mentioned that capping visa as reached ,i knew that the minister has announced about 2500 visa for subclass 136,so has any preseptember 2007 applicant got their visa these days.Has teh mentioned 2500 has been granted.plz anybody here plz respond.

Hi Apples,

As I had already mentioned nothing has been done on the ground. Bossy is the only applicant from all of the forums who have got the letter from department. DIAC is talking about the elections in August so I do not think anything is going to happen in one month which could not be happened in last three years.

[Guest Gollywobbler]

Hi Apples,

As I had already mentioned nothing has been done on the ground. Bossy is the only applicant from all of the forums who have got the letter from department. DIAC is talking about the elections in August so I do not think anything is going to happen in one month which could not be happened in last three years.

 

Hi VB

 

I haven't come across the sc 139 visa before, so I don't know anything about that one.

 

As far as you and Rahul are concerned, DIAC are not going to be seen to lose face (the Minister's face) by admitting that the Minister made a grand and sweeping announcement in February but discovered later that he has no legal power to act in at least 2 of the subclasses that people could apply for prior to September 2007. They have simply fudged round it via their silence. An admission by omission, methinks.

 

Cheers

 

Gill

[Guest apples]

Hi VB

Thanks for the reply, But iam worried since its mentioned that " As the cap has now been reached, applications subject to the capping decision have now ceased. "The number of visas to be capped was announced only on June 28th ,on July 1st how can they mention that the cap has reached,does it mean that within the 2 days they have granted all the visa numbers as they have mentioned( some 2500 of subclass 136 visas).If so ,then so far i couldnt see any of the pre september 2007 applicant who was has been pending as got there visas.Then how could be the cap reached.Iam really puzzled.More than that i have lost all my hopes.

Bossyfish

Can u plz attach the email that you received from DIAC,Did u have a CO & job verification done before?did the CO ask u to upload medicals & form 80,Plz anyone there to help me,plz respond.

[virtual_bajwa]

Hi VB

Thanks for the reply, But iam worried since its mentioned that " As the cap has now been reached, applications subject to the capping decision have now ceased. "The number of visas to be capped was announced only on June 28th ,on July 1st how can they mention that the cap has reached,does it mean that within the 2 days they have granted all the visa numbers as they have mentioned( some 2500 of subclass 136 visas).If so ,then so far i couldnt see any of the pre september 2007 applicant who was has been pending as got there visas.Then how could be the cap reached.Iam really puzzled.More than that i have lost all my hopes.

Bossyfish

Can u plz attach the email that you received from DIAC,Did u have a CO & job verification done before?did the CO ask u to upload medicals & form 80,Plz anyone there to help me,plz respond.

HI Apples,

This is how the system works. DIAC was waiting for the number of the visas for the financial to reach. As u must have noticed that they have not mentioned any link to the news on capping of Pre-September applicants. And there is no display of number of visas for the particular class mentioned in this article. So, they are moving very carefully on capping set for the particular class.