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-   -   Nominated occupation not consistent. (https://www.australiaforum.com/visas-immigration/4147-nominated-occupation-not-consistent.html)

Rachel Emma 04-26-2010 05:13 PM

Nominated occupation not consistent.
 
Im wondering whether anyone could help me,

My husband has successfully gained sponsorship for NSW, but a problem has come to light in regards to the nominated occupation, this being the wrong one for the correct asco code that we have been given by Engineers Australia, we have apologised to Diac and NSW on the 22nd april for any problems we have caused for this, and are awaiting the outcome of this error to the visa application,

The error was mechanical engineer. We should have put Building Services Engineer.

We have the correct Asco code but not the correct nominated occupation.

What do you think will happen to our visa application? Do you think they will reject it because of this error? Or do you think they will let us change it to that of Building Services Engineer ?

If anyone can offer any advise on this matter i will be forever if your debt, we are still waiting to hear back from NSW/Diac in regards to this matter, but it would be lovely to hear what you think out there!!!!!

Rachel

Wanderer 04-26-2010 10:28 PM

Quote:

Originally Posted by Rachel Emma (Post 13695)
Im wondering whether anyone could help me,

My husband has successfully gained sponsorship for NSW, but a problem has come to light in regards to the nominated occupation, this being the wrong one for the correct asco code that we have been given by Engineers Australia, we have apologised to Diac and NSW on the 22nd april for any problems we have caused for this, and are awaiting the outcome of this error to the visa application,

The error was mechanical engineer. We should have put Building Services Engineer.

We have the correct Asco code but not the correct nominated occupation.

What do you think will happen to our visa application? Do you think they will reject it because of this error? Or do you think they will let us change it to that of Building Services Engineer ?

If anyone can offer any advise on this matter i will be forever if your debt, we are still waiting to hear back from NSW/Diac in regards to this matter, but it would be lovely to hear what you think out there!!!!!

Rachel

Depending on when your application was in with DIAC, all that may have happened so far would be the receipt of the application being registered and so any follow-up documentation will just go to the file without anyone really looking at it, hence no comment back from DIAC as yet.

I would expect that given you have used the correct ASCO code and have your assessment documentation from the IEA which I assume showed the classification of BSE, there should not be a problem.
Unless, if the state of NSW have issued their sponsorship for Mechanical Engineering as against BSE because they have not read the application correctly with the right ASCO code quoted and IEA assessment.
States may be more liable to do that than DIAC for they have never really had a set-up similar to DIAC and no doubt have had people concentrating on State Migration Plans to be developed for the new immigration regulations.

So in some sense it's really hard to comment on what DIAC may do if there is fall out from NSW, ie does their sponsorship nominate your hub as a Mechanical Engineer or a BSE?
If it is the latter, DIAC when they get around to assessing should not have a problem - it is only really when people put in an application and then decide they would like to change their application to a different occupation that they cannot, whereas yours is more like a typo!

If NSW have issued a sponsorship based on occupation being Mechanical Engineer, it is possible that their sponsorship could be considered void and especially if BSE is not on their sponsorship list.

I'd expect you'll hear back from NSW earlier than DIAC and so at least you'll have a better idea of where you may stand with DIAC re either being sponsored or not.

Hearing from DIAC may take considerably longer as no assessment of it for some time is also quite likely because of the new regulations being introduced.

One way or another, new Immi regs are going to make the immigration application process quite possibly somewhat slower for many aspiring emigrants and you might well want to be researching the employment vacancies situation and considering an employer sponsorship for your move to Australia.
An employer sponsor permanent residency visa can be fee free if one already has a 175/176 application submitted and so that could be a bonus for you both ways in having potential to get you to Australia quicker [ already having a job which is no small benefit either ] and the chance for any uncertainty over your 176 application beoming irrelevant.




Rachel Emma 04-27-2010 07:52 AM

Thank you so much for your reply,

The visa application was submitted 11 months ago.

All paperwork and sponsorship from NSW and Engineers Australia and Diac have the Asco Code of 2129-79 and BSE, we downloaded the visa application in the beginning and pre-filled it, using the 2126-11 Mecanical Engineer, because my husband's assessment had not come back, we had every intention of changing it to that of 2129-79 BSE, luckily we had changed it to the right Asco code but completely forgot about the nominated job description.

We have had some contact in the past with a case worker due to us using the code 2126-79 in queries to them,we had left it on our paperform info, *Yeah i know stupid* and they corrected us telling us we were infact 2129-79 BSE, So diac are aware of this mistake, and even recommended in the email to possibly try for sponsorship.

You have pointed out some very good options, My husband is away at university until the weekend, but its looking like we will try and and gain employment sponsorship as soon as he gets back.

One other quick question is, I have found a form that you can submit any errors that you have made on your visa, do you think it would be worth filling this in and submitting it to Diac?

Many Thanks

Rachel

Wanderer 04-27-2010 09:43 AM

Quote:

Originally Posted by Rachel Emma (Post 13720)
Thank you so much for your reply,

The visa application was submitted 11 months ago.

All paperwork and sponsorship from NSW and Engineers Australia and Diac have the Asco Code of 2129-79 and BSE, we downloaded the visa application in the beginning and pre-filled it, using the 2126-11 Mecanical Engineer, because my husband's assessment had not come back, we had every intention of changing it to that of 2129-79 BSE, luckily we had changed it to the right Asco code but completely forgot about the nominated job description.

We have had some contact in the past with a case worker due to us using the code 2126-79 in queries to them,we had left it on our paperform info, *Yeah i know stupid* and they corrected us telling us we were infact 2129-79 BSE, So diac are aware of this mistake, and even recommended in the email to possibly try for sponsorship.

You have pointed out some very good options, My husband is away at university until the weekend, but its looking like we will try and and gain employment sponsorship as soon as he gets back.

One other quick question is, I have found a form that you can submit any errors that you have made on your visa, do you think it would be worth filling this in and submitting it to Diac?

Many Thanks

Rachel

It'll certainly not hurt to file a specific form with DIAC but from what you've said re the contact with a CO already, it may be that it's not an issue and has been recognised you just had the wrong description used,




Rachel Emma 04-27-2010 10:33 AM

I think it may be best to fill the correct forms in, just to show that we are willing to comply with rules.

And although Diac may of realised we had made a mistake on the application form,
they still queried it with NSW? Because NSW have asked us to confirm our Asco code and BSE.

I think maybe another CO was dealing with our visa other than the one we had already had contact with, I have sent her an email in regards to all this, im hoping she will be able to deal with any further issues we may encounter.

I know it was cheeky to contact her, but i dont suppose you get anywhere if you dont at least try!!!

Thank you so much for your help in this matter, Im feeling a little more hopeful that things may turn out ok now *Fingers crossed* I will let you know what happens:D

Many Thanks

Rachel

Rachel Emma 04-29-2010 09:22 AM

I just thought id fill you in on what has happened since I first asked for your advice,

We received a reply from Diac today and they are letting my husband change his Nominated Occupion from Mechanical Engineer, to that of Building and Engineering Professional nec 2129-79, Im told this is the 2nd edition of Asco Code relating to that of Building Services Engineer 2129-79.

Ive got to point out that both Diac And NSW have been wonderful in responding to my husbands dilemma, I do believe it goes along way to apologies and try to correct mistakes as soon as you come across them, and also if in doubt that you have not been able to get the correct information across dont be afraid to keep trying;p

Im in no way implying you should bug them to death:D But do try and give all correct wording and also mention CO names and any other contact you may of had with anyone in regards to your visa application from the get go.

This will no doubt help you.

We will be preparing the form needed to correct this information and and send it via the correct route by friday at the latest:D

Thank you for all your help!!!!!!!

Rachel

Wanderer 04-30-2010 04:20 AM

Quote:

Originally Posted by Rachel Emma (Post 13840)
I just thought id fill you in on what has happened since I first asked for your advice,

We received a reply from Diac today and they are letting my husband change his Nominated Occupion from Mechanical Engineer, to that of Building and Engineering Professional nec 2129-79, Im told this is the 2nd edition of Asco Code relating to that of Building Services Engineer 2129-79.

Ive got to point out that both Diac And NSW have been wonderful in responding to my husbands dilemma, I do believe it goes along way to apologies and try to correct mistakes as soon as you come across them, and also if in doubt that you have not been able to get the correct information across dont be afraid to keep trying;p

Im in no way implying you should bug them to death:D But do try and give all correct wording and also mention CO names and any other contact you may of had with anyone in regards to your visa application from the get go.

This will no doubt help you.

We will be preparing the form needed to correct this information and and send it via the correct route by friday at the latest:D

Thank you for all your help!!!!!!!

Rachel

That's a good outcome Rachel and it is often as you say all about good and prompt communication.
DIAC do get a bit of flack from some quarters and especially so more in recent years with changes they have made and are on the way but for a system that is dealing with a few hundred applications annually, it does still work fairly well and I have always found their staff friendly and as helpful as possible, even if some prodding is occasionally necessary.




Wanderer 04-30-2010 04:21 AM

Quote:

Originally Posted by Rachel Emma (Post 13840)
I just thought id fill you in on what has happened since I first asked for your advice,

We received a reply from Diac today and they are letting my husband change his Nominated Occupion from Mechanical Engineer, to that of Building and Engineering Professional nec 2129-79, Im told this is the 2nd edition of Asco Code relating to that of Building Services Engineer 2129-79.

Ive got to point out that both Diac And NSW have been wonderful in responding to my husbands dilemma, I do believe it goes along way to apologies and try to correct mistakes as soon as you come across them, and also if in doubt that you have not been able to get the correct information across dont be afraid to keep trying;p

Im in no way implying you should bug them to death:D But do try and give all correct wording and also mention CO names and any other contact you may of had with anyone in regards to your visa application from the get go.

This will no doubt help you.

We will be preparing the form needed to correct this information and and send it via the correct route by friday at the latest:D

Thank you for all your help!!!!!!!

Rachel

That's a good outcome Rachel and it is often as you say all about good and prompt communication.
DIAC do get a bit of flack from some quarters and especially so more in recent years with changes they have made and are on the way but for a system that is dealing with a few hundred applications annually, it does still work fairly well and I have always found their staff friendly and as helpful as possible, even if some prodding is occasionally necessary.

Thanks for feedback to the forum too, more good communication!





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