NSW State Sponsorship Halt 5th August - Page 5

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NSW State Sponsorship Halt 5th August - Page 5


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  #41 (permalink)  
Old 08-14-2013, 07:27 AM
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Hi Achin -

Thanks for the note - thoughts below:

1. Yes.

2. That's up to the individual agent involved and whether there's a refund clause in the contract, etc. In theory, if an agent has already completed his/her work in preparing and lodging the state sponsorship application , then I'm not sure if it makes sense to expect a refund since the contracted work has been done. If on the other hand a contract was made for an entire visa process (ie, state sponsorship + visa application) and new conditions make the visa application part of the contract impossible to perform, and the work has not yet been done by the agent for that part, then I would think it would be reasonable to refund any fees paid to the agent for that portion of the work since that portion cannot be done due to the changes. This is why our agency breaks skilled visa contract payments up into different sections (ie, skills assmt, state sponsorship application, visa application) so if something happens and the client can no longer continue, they haven't paid in advance for anything that cannot now be completed.

3. While the states cannot nominate any further candidates, I would think that the states will/should provide application fee refunds to applicants for applications which have not been processed or finalised due to the new rules from DIAC. It's up to each state to decide if and how they will handle refunds - ACT has already announced they will provide refunds (see their website for details); NSW has not yet announced their policy as of the last time I checked their website.

Hope this helps -

Best,

Mark Northam

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  #42 (permalink)  
Old 08-14-2013, 07:52 AM
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Hello Mark,

Thanks a lot for your reply and helping thousands of people like me who are seeking for information.

Yes ACT was the first one to update this news, moreover they are saying its up-to the applicant if they would like to withdraw the applications and claim a refund.

It is going to be around 2 weeks and there is no official declaration either from DIAC or states and all sorts of rumors are spreading around. Hence asking these question to you.

1) Does this new rule mean clients who are on hold due to the recent change in rules will be the major sufferer or do you still see a ray of hope for them?

2) In context to clients who are on hold can the rule be interpreted as "State will nominate, will give 5 points, and inform DIAC. DIAC will invite these clients as per their bimonthly invite, which will be at par with 189 visa.

3) Or State will not award any points to clients who falls under these 6 categories, effect from 5th aug which means to all new clients (as they are not accepting new applications) and all clients who are on hold.

awaiting for your reply.

Regards,
Achin


  #43 (permalink)  
Old 08-14-2013, 08:28 AM
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Hi Achin -

Until DIAC makes an official announcement about this with more details and clarity than they have so far, it's unclear what chances (if any) people who applied for state sponsorship under the 190 program have. The references to states nominating people on a case-by-case basis is vague and lacking in details, especially whether or not such a nomination would grant 5 points or not. My guess is that there are so few positions left for these occupations, that 60 points incl. state nomination points if given, may not be enough as people with higher scores would be preferred under the 189 regime. So whether or not a person could get 5 state nomination points may be meaningless if there are a very few spots and a higher number of 65 and over points scoring applicants either now, or who apply before the end of the program year next June since new applicants with a higher points score will take precedence over existing applicants (including those referred by states) with a lower points score.

The entire episode smacks of a last-minute decision by DIAC with no advance notice to anyone including the states, where the details have yet to be worked out by DIAC and by the states and applicants are left waiting and hoping that the details of how these new rules will be implemented will offer some hope. At this point though, for applicants in these occupations who have applied for a 190 with a score of 55 points (without sponsorship), I do not see much hope that an invitation will be made. Again, this is because of the few spots remaining in the program for these occuaptions and DIAC's decision to essentially award these to the highest scoring 189 applicants in small numbers divided up over the rest of the year.

Best,

Mark Northam

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  #44 (permalink)  
Old 08-14-2013, 12:49 PM
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I hope you got your answer by now.........


  #45 (permalink)  
Old 08-14-2013, 10:22 PM
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Query - SS

Hi Mark,

Can you please advise on my case. I have lodged SS/EOI on 15th July and have 70 points with SS. My job code is 261314 - Software Tester.

In my case 261314 is on CSOL and not on SOL list. Hence with DIAC stopping SS invites the gates for 261314 are totally closed whereas other jobcodes are still able to get through 189 visa by getting invites though pro rata.

Please can you advise what should be done in my case as DIAC is still willing to process applications for 2613 with high no of points but somehow it closes all options for me.


  #46 (permalink)  
Old 08-14-2013, 11:57 PM
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Hi Koolgoose -

Unless the state you applied for has some sort of arrangement with DIAC where they can put through any further nominations, I don't see a way through for you with this occupation code. DIAC has yet to make an official announcement, and the states are offering few details on this, refusing to discuss it by phone or email, and just saying "keep checking the website". I would be checking with the state you applied for very frequently to see if they can do anything, but since your occupation is not on the SOL list, there would seem to be no way to get a 189 visa, and they've closed down the 190 visa nomination process.

Sorry I don't have better news for you -

Best,

Mark Northam

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  #47 (permalink)  
Old 08-15-2013, 04:36 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi Gyan -

No further info from NSW yet - that's the key to the entire thing. I would go for higher IELTS anyway just in case you end up needing it.

Best,

Mark Northam
Hi Mark,

i have applied for nsw ss on 2-07-13 but as we all know that DIAC new policy for ICT occupations and till today no update from DIAC or States iam tensed wat will happen to pipelined applications as i got ACk number from NSW on 11-07-13.

I have my Brother in Law in Victoria and he is ready to sponser me.Currently iam having 55 points if i get sponserd from him i will be with 65.So, wat do you suggest is it better to ss to open or should i lodge another EOI for 489 Family Sponsered visa. If i lodge another EOI for 489 wat will happen to my existing 190 EOI .

And also, as iam having points how will i get 10 points from sponsership is it after i lodge EOI or before lodging is there any form or declaration i need to get from the sponsrer and submit to DIAC where i can claim the 10 points from it.

Kindly throw light on my queries it would be very helpful


  #48 (permalink)  
Old 08-15-2013, 02:20 PM
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Hi Auslove -

Thanks for the note. First, have you confirmed that your ICT occupation is among the list of occupations that were affected by the 5 August DIAC halt to state sponsorships for selected occupations?

Assuming yes, the 489 might just be a possibility, although it's impossible to say anything for sure since DIAC has not released sufficient details to determine how they are going to handle existing EOI's, other than to say that they will be allocated evenly among the rest of the program year. Since the 489 does not require state sponsorship in your case (you have family sponsorship), you may want to prepare an application. I cannot say whether it would get through or not since DIAC has not told us, but there was no specific reference to 489 applications in the DIAC correspondence I posted here. If you're lucky, your points test score at 65 may qualify you for an invitation - my guess is that you're competing against the entire pool of lodged EOI's (both now and throughout the year), so I don't know whether 65 will be high enough to get an invitation. Since DIAC did not refer to the 489, that also leaves open the possibility that they may say something later about how these applications will be handled.

No problem I know of having a 489 and 190 lodged at the same time. Assuming your NSW 190 state sponsorship application was not finalised as of 5 August, my guess is that it is unlikely that it will be (unless NSW and/or DIAC decide to announce otherwise). You might consider leaving that one in and lodging the family-sponsored 489 just to have an alternative way in lodged. As to the chances of success, it's impossible to tell - we just don't have enough information from DIAC to be able to determine that.

Hope thsi helps -

Best,

Mark

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  #49 (permalink)  
Old 08-15-2013, 04:19 PM
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Hi Mark,

I don't know whether it is rumor or real ... we are listening some news from different forums that DIAC reconsider the decision of AUG 05 and all states are accepting suspended occupation list shortly....even ACT is going to tell about the pipeline application decision by next week.. bit anxiety on the decisions...could you please share anything updates on above specified...\



Regards


  #50 (permalink)  
Old 08-15-2013, 09:45 PM
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I've heard nothing but rumours - some of the same you've heard. Best to be patient and keep a close eye on all relevant websites.

Best,

Mark Northam

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