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Change from 176 back to 175


cazhoney

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Hi everyone,

 

 

I have applied as a 175 in June 2009. But when the rules changed, I was thrown down to Category 5 or 6 (don´t remember now). So I asked for NSW SS, and now I find myself in Category 2.

 

I have a CO since March. I know that DIAC is dealing already with 175 applications from October/November/2009, so if I didn´t have the SS, I would already have a CO and still would be considered as a 175 applicant.

 

Does anybodu know if it´s possible for me to be considered as a 175 now? Can I ask this question to my CO? Because I do have enough points for a 175 application....

 

Thanks

 

Carolina

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The thing is: I only asjked for SS because I had to, to receive the visa. But today, I don´t need it anymore, because the rules changed AGAIN.

 

I always wanted to live in Brisbane. But when I needed the SS, I thought it was OK to live in Sidney. But everybody is saying that the cost of life is too high, specially rent. I am beginning to worry about this....

 

If they give me the 176 visa, I will live there for 2 years, it´s the agreement, and I intend to keep it.

 

But if I still have the chance to change back to 175, I would definitely do it.

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Guest AustrAnglian

Hi Carolina,

 

The only advice I can offer is to suggest you speak with a good Migration Agent. I agree it doesn't seem fair to hold you to the 176 conditions when you didn't benefit from the points or priority, but don't know what the rules are. Good luck and all the best with this.

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Guest VickyMel

Hi Caz

 

Our CO was really friendly, I would have been happy to drop him a line to ask if I had been in that sutuation. I don't see why you cannot ask - maybe say that you have seen some people get the 175 Visa even after switching to the 176 (we have seen that for a number of visas for people who applied back in 2009 and then converted to a 176 to try and get back up the ladder after being tossed around and into the lower priorities in the regular priority reshuffles) and just ask them that if it is a possibility that you would be gratful if they would consider your case for a 175 as it would provide you with more options... etc.

 

Just be polite and not pushy and maybe they will be good back to you.

 

Vicky

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The thing is: I only asjked for SS because I had to, to receive the visa. But today, I don´t need it anymore, because the rules changed AGAIN.

 

I always wanted to live in Brisbane. But when I needed the SS, I thought it was OK to live in Sidney. But everybody is saying that the cost of life is too high, specially rent. I am beginning to worry about this....

 

If they give me the 176 visa, I will live there for 2 years, it´s the agreement, and I intend to keep it.

 

But if I still have the chance to change back to 175, I would definitely do it.

will your file be processed as Cat 3? I supposed Not

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Hi Caz

 

Our CO was really friendly, I would have been happy to drop him a line to ask if I had been in that sutuation. I don't see why you cannot ask - maybe say that you have seen some people get the 175 Visa even after switching to the 176 (we have seen that for a number of visas for people who applied back in 2009 and then converted to a 176 to try and get back up the ladder after being tossed around and into the lower priorities in the regular priority reshuffles) and just ask them that if it is a possibility that you would be gratful if they would consider your case for a 175 as it would provide you with more options... etc.

 

Just be polite and not pushy and maybe they will be good back to you.

 

Vicky

 

Hi Vicky,

 

thanks sweetie. That´s what I wanted to know....I think it´s no ofense to ask, right? What you said, it´s exactly what I was thinking...I have seen lot´s of 176 receiving a 175 visa.....

 

I guess I will send him an email. :wubclub:

 

Just to make things clear here before somebody attacks me: I don´t have the intention to live somewhere else if I receive the 176 visa. I will keep my commitment to NSW.

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Hi Carolina,

 

The only advice I can offer is to suggest you speak with a good Migration Agent. I agree it doesn't seem fair to hold you to the 176 conditions when you didn't benefit from the points or priority, but don't know what the rules are. Good luck and all the best with this.

 

Hi there,

 

I will try that too.

 

But the caipirinhas and the berbecue are still valid, ok? :wubclub:

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Guest VickyMel

I like to think that DIAC has some sympathy to the folks who have been jumping through hoops some of us since 2008 and 2009, when all the changes hit different sections of us at different times, just to try and retain some level of priority within the whole system.

 

Maybe also make it clear to your CO that if you are now only eligible for the 176 that you will honour that committment. But I am sure it is worth pointing out that your original 175 application would have been eligible to be allocated to a CO before now also.

 

Good luck if you go for it Caz

 

Vicky

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I like to think that DIAC has some sympathy to the folks who have been jumping through hoops some of us since 2008 and 2009, when all the changes hit different sections of us at different times, just to try and retain some level of priority within the whole system.

 

Maybe also make it clear to your CO that if you are now only eligible for the 176 that you will honour that committment. But I am sure it is worth pointing out that your original 175 application would have been eligible to be allocated to a CO before now also.

 

Good luck if you go for it Caz

 

Vicky

 

Hi Vicky,

 

thanks again...you gave me strenght to contact him. I will do it, and will post here whatever he answers me....who knows?

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Guest AustrAnglian
Hi Cazhoney ,where did you hear that DIAC were processing Cat 3 applicants from Oct 2009?

 

Hi Jono - go take a look at the Cat 3 thread:

http://www.pomsinoz.com/forum/migration-issues/91482-new-category-3s-where-you-now.html#post819270

 

There are several 2010 applicants including one from Aug-10 who recently got a CO, so in practice they appear to be in advance of Oct 2009. The new ASPC auto-email may come out tomorrow so it'll be interesting to see what it says offficially. All the best.

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Guest AustrAnglian
Hi there,

 

I will try that too.

 

But the caipirinhas and the berbecue are still valid, ok? :wubclub:

 

Absolutely! :cute:

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We was in the same boat as you, we jumped through hoops to get up the priority list. We received sponsorship for W/A, but originally wanted to go to Brisbane. When we got our case officer. it was before the W/A SMP came out, so we were eligible under the 175. We had enough points for it, but the C/O ruled out some of the points on the system (can't remember which ones) they granted a 176 visa. We are still going to W/A, but felt frustrated that if we just waited and waited and never jumped through the hoops we would have been granted our 175 visa, and would have a choice as to where we wanted to live.

 

I am grateful we do have a visa, and will and make a new life in W/A.

 

There is no harm in asking, I am sorry we never I did not want to rock the boat (so to speak). I hope you can swap,:biggrin:

 

Good luck

Donna :cool:

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I dont´know that. Because they are already processing CAT 3 applicants from November 2009, and I am from June....

 

Hi everyone,

 

 

I have applied as a 175 in June 2009. But when the rules changed, I was thrown down to Category 5 or 6 (don´t remember now). So I asked for NSW SS, and now I find myself in Category 2.

 

Thanks

 

Carolina

 

may i know what is your nominated occupation?

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Guest Mongobear
I was an Engineering Professional NEC (2129-79), now reassessed as an Environmental Engineer.

 

Hi cazhoney,

 

are you sure you are in cat3 then? I just checked the ASCO-ANSCZO correlation-list and "Engineering Professional NEC (2129-79)" maps into "233999 Engineering Professional nec" which is not in SOL schedule3.

 

ASCO-ANSCO correlation list

 

SOL schedule3

 

As an Environmental engineer (233915) you would be in cat3 but this maps to ASCO "2129-17 Chemical Engineer" and not "Engineering Professional NEC (2129-79)". I know there were some special arrangements regarding the old skills-assessments between the DIAC and Engineers Australia so maybe your case is one of these. Anyway, is the DIAC officially aware that you are an Environmental engineer - did they confirm this?

 

Cheers

Uli

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you cant get reassessed and changed your nominated occupation without applying a NEW application.

 

Yes, I can. This agreement was made between DIAC and EA for Building and Engineering Professional NEC.

 

I was reassessed as an Environmental engineer, which is on the new SOL.

 

See the email I received from DIAC:

 

Dear Client,

 

This email is in relation to your earlier enquiry on 4 August 2010 in regards to whether this visa application can be processed under the new Skilled Occupation List (SOL) that would allow an application to be considered for Priority 3 processing.

 

Applicants who have had their skilled occupations assessed as Building and Engineering Professionals (not elsewhere classified) may now have a chance to have their skills reviewed by the skills assessing authority Engineers Australia in order for applicants to find out if their ASCO code occupations will correlate to the current ANZCO code occupations on the existing SOL.

 

Rather than obtaining a brand new skills assessment, you may now make a request to Engineers Australia to review your original skills assessment in order to map your ASCO assessed outcome to the newly-listed ANZCO code.

 

Engineers Australia will then issue you with a letter to confirm the appropriate ANZCO occupational classification for migration purposes.

You may then present this letter to DIAC in order to allow us to identify whether your occupation will be on the SOL and if it will be eligible to be processed under the Priority 3 category.

 

Please note that obtaining this letter is not a guarantee that your application will be eligible for priority processing as we will still need to identify whether your application will meet Schedule 3 ASCO - ANZCO correlation of the Skilled Occupation List.

 

This transitional arrangement is only available to clients who have had their skilled occupations assessed by Engineers Australia under the Engineering occupations that are ‘not elsewhere’ classified (for example ASCO code 2129-79 Building and Engineering Professionals (not elsewhere classified) or ASCO code 2128-79 Engineering Technologist (not elsewhere classified) before 1 July 2010

 

Your reassessment letter can be submitted to DIAC via email to adelaide.gsm.documents@immi.gov.au <mailto:adelaide.gsm.documents@immi.gov.au>

 

Please allow up to four weeks for us to update your information.

 

Once received, we will proceed to identify the priority category that your application will processed under and mark it to be processed accordingly.

 

Note that if you meet the requirements for Priority 3 processing, you will still need to wait for your application to be allocated to a case officer in order of the date that your application was lodged with the Department.

 

 

Kind regards

 

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Hi cazhoney,

 

are you sure you are in cat3 then? I just checked the ASCO-ANSCZO correlation-list and "Engineering Professional NEC (2129-79)" maps into "233999 Engineering Professional nec" which is not in SOL schedule3.

 

ASCO-ANSCO correlation list

 

SOL schedule3

 

As an Environmental engineer (233915) you would be in cat3 but this maps to ASCO "2129-17 Chemical Engineer" and not "Engineering Professional NEC (2129-79)". I know there were some special arrangements regarding the old skills-assessments between the DIAC and Engineers Australia so maybe your case is one of these. Anyway, is the DIAC officially aware that you are an Environmental engineer - did they confirm this?

 

Cheers

Uli

 

Hi Uli,

 

 

I sent them the new reassessment letter, so I guessed that was enough.

 

Now I am not so sure, because I didn´t make sure they received the lettter.

 

Will ask them about this!

 

Thanks!!!

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Guest Colorana
Hi Uli,

 

 

I sent them the new reassessment letter, so I guessed that was enough.

 

Now I am not so sure, because I didn´t make sure they received the lettter.

 

Will ask them about this!

 

Thanks!!!

 

 

Hi Cazhoney,

As you know I am also an Environmental Engineer (also sponsored by NSW). I just would like to let you know that my MA confirmed that I was in Cat 2 (as soon as the sponsorship list was released by NSW). He also contacted EA (Engineers Australia) and they told him that (after they discussed with DIAC) there was no need for a reassessment letter. Therefore I never got one. This must have been true since I got a CO and he never requested the reassessment letter. I am not sure what additional docs your CO asked you to submit in his latest letters/emails but if he/she did not request this letter I would have assumed he did not need it.

 

I am just merely sharing what has happened to me (in case you find it useful somehow). If I am not wrong your current dillema is if you can be considered a 175 applicant and not a 176. This is becasue you would like to have the freedom to go wherever you want to go. I agree with VickyMel there is nothing wrong with asking your CO this question directly (and "nicely"). IMPO the only obstacle for this to happen is that if NSW quota for Environmental Engineers is low for this year and it has not filled up they may ask you to follow through with your commitment to live in NSW for 2 years. On the other hand, if there is a decent number of Environmental Engineers queing to get the NSW nomination then it would be easier for NSW to agree with letting you go. Best wishes and good luck.

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Hi Colorana,

 

thanks for sharing this with me.

 

I have contacted my CO last week, and asked him nicely about being considered as a 175 instead of a 176. For my surprise, he told me that I could´t because I was a Category for, and with the SS, I became Cat 3.

 

I was shocked. He also told me that my SS was considered as as "offlist nomination"....Weird, because I had to send them documents proving that I have 6 years of experience as an Environmental engineer.

 

So I sent him right away the reassessment lettter, to show him that I was considered as a Environmental Engineer, and that I should be considered as a Category 3 (without the SS).

 

Finally yesterday he sent me an email confirming that I am elegible for the 175 visa. But that I have to ask NSW to withdraw the SS and inform DIAC.

 

I am not sure what to tell NSW to ask them to withdraw the SS.....

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Guest VickyMel

Is it up to NSW to actually withdraw the SS.

 

Or can you just write a letter to the CO stating that you no longer want to accept the NSW SS?

Some people have changed from one state to another and just need to advise DIAC of this. I don't think they needed any specific release?

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I'd just stick with what you are currently doing and avoid possible delays and changes :-) State Sponsored is probably going to be quicker.

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