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Discussion Starter · #1 ·
I received this E-mail today from NSW, My documents reached on 5th August 2013

Please advice or suggest on this....

Did anyone else recieved the same.., Did anyone called NSW?
This news is confirmed its on there home page also, please comment

190 Application Received - Important Notice
From
[email protected]

Mr XXXXXX

Dear Mr XXXXXXX

I refer to your recent application seeking State Nomination under the Skilled-Nominated (subclass 190) Visa received on 5/08/2013. Please note the following important information:

On 05 August 2013 the Department of Immigration and Citizenship (DIAC) advised that invitations for certain occupational groups in the points-tested migration program will be issued on a pro-rata basis over the 2013/14 program year.

This advice means that it will not be possible for NSW to nominate any applicants from these occupations for a 190 visa.

Occupations impacted by this policy change include:

Other Engineering Professional - 2339
Software Engineer, Analyst Programmer & Developer Programmer - 2613

DIAC has advised that the national occupational ceiling will remain the same but the pro-rata approach means invitations will be staggered and issued by DIAC to selected individuals over the course of 2013/14 in twice monthly occupation rounds.

NSW appreciates that this announcement will concern many applicants who have already applied for nomination to date. We are seeking further clarification from DIAC on how this announcement will affect nomination applications that are currently being assessed by our department.

We will not be able to provide any further guidance to you until DIAC provides further information.

We assure you that we will be updating our website with further guidance as soon as possible. Please continue to check our website. We will not be able to provide any further information by phone or email.

We would encourage you not to withdraw your application until we are able to provide more specific information.

Regards

NSW Trade and Investment
 

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This is also on the NSW website with more occupations listed:

State Migration Plan - NSW Trade & Investment: Business in NSW

It's not clear at this point how they will manage the remaining places, and whether those remaining places will go to people who have been nominated but not yet invited to apply for a 190 visa, or will go to people who applied for a 189 visa. We're all trying to figure out the answers, but DIAC has said nothing officially yet, so we're getting word from the states only.

Best,

Mark Northam
 

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Discussion Starter · #4 ·
Has this been experienced in past anytime ?, How do they react to this kind of situation , I Mean Will they entertain the applications received till 5th August (I got my ack saying its received on 5th august) ..., Its freaking me Out :) Sorry
 

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Hi Alok -

What visa? received by who? DIAC? NSW?

At this point it would appear that NSW can make no further nominations for these occupations, unless DIAC makes some sort of a special deal for those who have nominations lodged but not yet approved.


Mark Northam
 

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Hi Alok -

It's not clear yet how they will handle applications received but not yet decided, or approved nominations that have not yet been issued an invitation. If the wording on the NSW announcement is to be believed, DIAC has put in place an immediate halt to the ability of states to nominate for these occupations, which would tend to indicate that your application may not be able to be processed.

Unfortunately DIAC has made no announcement themselves yet, so we're all still guessing as to the details and what will become of applications already in the pipeline like yours.

My suggestion: if you're in one of the listed occupation groups, you may want to explore other visa options in case you're unable to proceed with state sponsorship.

Best,

Mark Northam
 

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Hi,

I have already received an invitation to lodge a Skilled - Nominated (Subclass 190) (Permanent) visa application nominated/sponsored by NSW Trade & Investment.

I just want to know if this new change will create any problem for me to apply for DIAC? Please advice.

Thanks
Vijesh
 

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Hi,

I have already received an invitation to lodge a Skilled - Nominated (Subclass 190) (Permanent) visa application nominated/sponsored by NSW Trade & Investment.

I just want to know if this new change will create any problem for me to apply for DIAC? Please advice.

Thanks
Vijesh
 

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Hi Vijesh -

The way I read the announcement, you're OK, as the state was able to nominate you and DIAC issued you an invitation as a result of that acknowledgement. That being said, I would keep an eye on the news in case that's not the case.

Best,

Mark Northam
 

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Hi Mark,

Thanks a lot for your prompt response.Please keep me posted if at all any changes.I will be submitting the documents to DIAC in a week time.

Thanks
Vijesh
 

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Confusion with ACS for applying DIAC

Thanks Mark.

I have one other concern before submitting my DIAC application. I have +ve ACS assessment result for 4.8 years of experience. After this I worked for 5 months in another company which was not added in ACS. When I applied for EOI, they asked me for the assessment for the last company which was 5 months and I got it but with the new rule of deduction of 2 years of my initial experience (so my experience is coming up to 3 years) which affect me in applying for 190 Visa.

But in the mean time I got NSW approval and invitation for statesponsership. My consultant is saying I can go ahead with my first ACS result. Will DIAC be asking me for the ACS result for 5 whole years or can I claim it by submitting my documents. I am confused. Please suggest.

Regards,
Vijesh
 

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Hi Vijesh,

I am very much new to this forum. I have got my ACS result and applied for states sponsership. I was going through your latest post and not clear with your statement regarding new rule which is " got it but with the new rule of deduction of 2 years of my initial experience".

Can you please help me understand this?

Thanks
Honey
 

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Hi Vijesh -

Sorry, but there's no way I can assist you without seeing all of your documents and knowing more about your case. The law is too complex, and there are too many details. If you'd like to book a consultation, I'd be happy to assist as that would give us the time and resources to look into the details of your case. My website link is in my signature - you can click on that to get to the site, then click the area for Professional Consultation if you'd like to get specific advice for your case.

Thanks,

Mark Northam

Thanks Mark.

I have one other concern before submitting my DIAC application. I have +ve ACS assessment result for 4.8 years of experience. After this I worked for 5 months in another company which was not added in ACS. When I applied for EOI, they asked me for the assessment for the last company which was 5 months and I got it but with the new rule of deduction of 2 years of my initial experience (so my experience is coming up to 3 years) which affect me in applying for 190 Visa.

But in the mean time I got NSW approval and invitation for statesponsership. My consultant is saying I can go ahead with my first ACS result. Will DIAC be asking me for the ACS result for 5 whole years or can I claim it by submitting my documents. I am confused. Please suggest.

Regards,
Vijesh
 

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Hello Mark,

I am also similar situation like alok.. could you please let us know if DIAC is not accepting the pipelined application then NSW will redirect the applications to DIAC..otherwise we have to withdraw our EOI.. Please clear my doubts..
 

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Hi Jayantsit -

Wish I could help - DIAC has made no official announcement about this at all that I know of at this point, and has only written to the states, with the state info leaking out as we saw on the ACT and NSW sites.

ACT is offering refunds if you wish to withdraw your application for state sponsorship, NSW has not made it clear what their plan is. I would call NSW directly and ask them if you need to know quickly. Both of our agent associations are on top of this and are asking all of the same questions, but so far it's been a lot of questions and very few answers. Will post any new info here as I receive.

Best,

Mark Northam
 

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Hi Jayantsit -

Wish I could help - DIAC has made no official announcement about this at all that I know of at this point, and has only written to the states, with the state info leaking out as we saw on the ACT and NSW sites.

ACT is offering refunds if you wish to withdraw your application for state sponsorship, NSW has not made it clear what their plan is. I would call NSW directly and ask them if you need to know quickly. Both of our agent associations are on top of this and are asking all of the same questions, but so far it's been a lot of questions and very few answers. Will post any new info here as I receive.

Best,

Mark Northam
Hello Mark,

Thanks for the reply...Mainly the problem is my docs received to NSW on AUG 05 2013 and DIAC implemented new rules on same day..So, i am bit worrying if DIAC accepted to process the applications whether NSW consider my application or not...As your experience what DIAC is going to do..whether they will accept the applications which are in pipeline otherwise they wont accept...if they wont accept then DIAC will take all this applications on pro-rata basics like 189 otherwise we have to withdraw EOI...

sorry if i am repeating same questions ... bit at present i am very tensed ... as i am planning for this past 1 year...finally all lapsed with single statement...
 

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Jayantsit - Mark has already provided you with all the information he can at this point from what he's saying. This is a new policy (as far as I know) and not something that has happened before, so until migration agents are given more information there's nothing more to tell you yet.
 

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Just received the following from our industry association, sent from DIAC.

In 2012-13, the six occupational groups referred to in your email reached their occupational ceilings which meant no intending migrants in these occupations could be nominated or invited to apply for a visa until the ceilings were reset on 1 July 2013. In the first month of the 2013-14 program year, a significant proportion of available places were again used up for these six occupational groups and it was determined that the ceilings would again be met, but even earlier than in the previous program year. Based on the high numbers of Expressions of Interest (EOIs) being submitted for these occupational groups, the decision was therefore made to move to a pro rata allocation of the remaining places to allow limited numbers of the most highly skilled workers in these occupations to apply for a visa throughout 2013-14.

There is no change in the total number of places available for these six occupational groups under their occupational ceilings. However, the allocation of places will be spread out to ensure that highly skilled migrants who submit EOIs later in the program year are not prevented from applying by lower quality applicants taking all available places earlier in the program year. Again, I would highlight that this change has no impact on the number of places available for these occupational groups but it will allow places to be released throughout 2013-14, with a focus on ensuring the most highly skilled migrants can still apply for a visa, instead of having all places exhausted early in the program year.

In the current program year, the percentage of places used up for these six occupational groups prior to the 5 August 2013 invitation round were as follows:
Occupation ANZSCO Code Total Ceiling Invitations & Nominations Remaining places
Percentage of places used Percentage of places remaining
Chemical & Material Engineers 2331 360 173 187 48.06% 51.94%
ICT Business & System Analysts 2611 1380 897 483 65.00% 35.00%
Electronics Engineers 2334 420 152 268 36.19% 63.81%
Telecomm Eng Prof 2633 300 106 194 35.33% 64.67%
Other Engineering Prof 2339 300 98 202 32.67% 67.33%
Software and Applications Programmers 2613 4800 1,168 3,632 24.33% 75.67%

Occupational ceilings will be reviewed as part of a general review of SkillSelect in 2013-14 and this will involve all key stakeholders, including the MIA and State and Territory governments. The department will be preparing a discussion paper for distribution to stakeholders and this will provide an opportunity to comment on how SkillSelect has operated to date and to identify areas for improvement in the future.
In relation to the specific issues you have raised in your email, please see the responses below:

1. We understand that the State and Territory Governments were advise that the following six occupations (or occupation groups)for GSM points tested visas (Subclass 190 and 489) can no longer be nominated:
• Chemical and Materials Engineers; [ANZSCO Group 2331]
• ICT Business and Systems Analysts; [ANZSCO Group 2611]
• Electronics Engineers: [ANZSCO Group 2334]
• Telecommunications Engineering Professionals; [ANZSCO Group 2633]
• Other Engineering Professional [ANZSCO Group 2339]
• Software and Applications Programmers. [ANZSCO Group 2613]

These six Unit Groups comprise 17 occupations, 16 or which are on the CSOL. Can we assume that those 16 occupations are all not able to be nominated by State and Territory Governments?

As noted above, the continuing high numbers of EOIs for these six occupational groups meant that the available places would have been fully exhausted well before the end of the program year if the decision to implement pro rata allocations had not been made. In some instances the available places would have been used up in Monday's invitation round or the following round on 19 August. It was considered the most appropriate option to allow a limited number of the most highly skilled workers in these occupations to be invited to apply for a visa throughout the year, rather than allowing the ceilings to be met which would have prevented all skilled workers in these occupations from applying until the start of the next program year in July 2014.

Under these arrangements, the points score and date of EOI submission cut-off dates for these occupational groups are expected to increase over the course of the program year and these figures will be included in the regular SkillSelect invitation round report published on the department's website. State and Territory Governments have been advised that if they have intending migrants for nomination in any of the six occupational groups who would have met the relevant cut-offs, they can refer these cases to the department for consideration of nomination on a case-by-case basis.

The intention of these changes is to ensure that the most highly skilled workers in these occupational groups are still eligible to apply for a visa. This will also avoid the situation of having a client being nominated or invited early in the program year at the expense of a more highly skilled intending migrant who cannot be nominated or invited later in the program year because the occupational ceiling has been reached. In this regard, SkillSelect is operating as intended to allow the best and brightest to apply for a visa, not on a first-in, first-served basis.

2. Does this "ban" on occupations apply to State/Territory nomination applications which have been approved by the State/Territory Governments, but which have not yet been issued with an invitation to apply for a visa?

Visa applicants who have in good faith lodged applications for State or Territory nomination and whose applications have either not been finalised, or whose applications have been finalised but have not yet had an invitation to apply for a visa issued, will have been treated most unfairly.

Registered Migration Agents who have advised and assisted applicants with State/Territory nominations will have been placed in the unreasonable and invidious position of being seen to have not given correct advice.

There is no ban on these occupations but as advised above, we have implemented a pro rata allocation for the remaining places under the existing occupational ceiling for these groups. If this action were not taken, the occupational ceilings would have been met for these groups well before the end of the program year. States and Territories are also able to refer cases for consideration where they have clients who would have met the relevant cut-offs based on points and date of EOI submission.
An application for a State or Territory nomination is not a visa application and clients are not able to apply for a visa until they have been nominated or invited to apply for a visa in SkillSelect. The clients referred to in the example above would also have been adversely affected if the relevant occupational ceiling had been reached since no one from the occupational group would be eligible for nomination or invitation until July 2014. Under the pro rata arrangements, the most highly skilled intending migrants from each occupational group will still be able to apply for a visa throughout the 2013-14 program year and as such, these arrangements can actually be seen as a positive development for clients, particularly those who do not submit EOIs until later in the program year.

3. Until today, when occupation ceilings were reached, they were no longer available for any GSM points based applications, not just State/Territory nominated applications.
Why has the decision been made to remove occupations from the State/Territory nominated Subclasses?

The MIA understands that State and Territory Governments have been advised that it is because there is a need to get "the best and the brightest". This would assume that those obtaining State/Territory nomination are not the best and the brightest. Is that the case?

This decision would also seem to have the potential of causing great problems for some State and Territory Governments for whom the occupation groups are a significant component of their State Migration Plans. The decision could, in some cases, severely undermine those plans.

As noted above, State and Territory Governments can refer cases which would have met the relevant cut-offs for the six occupational groups for consideration of nomination on a case-by-case basis. This is consistent with the aims of ensuring the best and brightest intending migrants are nominated or invited to apply for a visa from SkillSelect, whether that be via the Skilled Independent or State or Territory nominated streams.

4. Why was there no consultation with important stakeholders on this matter?

It was necessary to take this action before the 5 August 2013 invitation round to ensure that the occupational ceilings were not reached in that round and given the time constraints, it was not possible to consult beforehand. To demonstrate the continuing high level of demand for the six occupational groups, the table below shows the number of current EOIs onhand compared to the number of available places under each occupational ceiling:

Occupation ID Description Total EOIs onhand Remaining places
2331 Chemical and Materials Engineers 113 179
2334 Electronics Engineers 178 256
2339 Other Engineering Professionals 214 193
2611 ICT Business and Systems Analysts 691 462
2613 Software and Applications Programmers 1546 3467
2633 Telecommunications Engineering Professionals 205 186

Three of the six occupations are already oversubscribed and the other three occupations are expected to do the same in the near future based on continuing high numbers of EOIs being submitted. In this context, it was necessary to take this action prior to consultation.
 

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Hello Mark, Thank you very much for the detailed information...its really helpful

Could you please explain the scenario regarding 55 points as i have applied to NSW. So, i am getting (55+5= 60 points) but now as it is going to pool .. how can we get state 5 points ... could you please clear this doubt...so it would be great...

Regards
 
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