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Sheelagh Blanckenberg
30th September 2009, 02:20 PM
Here is the latest processing update from ASPC Adelaide.
GENERAL SKILLED MIGRATION
ADELAIDE PROCESSING INFORMATION

This is an automated e-mail response which provides updated information on skilled migration applications being processed by the Adelaide Skilled Processing Centre (ASPC). Please do not reply to this email address as this mailbox is not monitored. Contact details for the ASPC are listed below.


IMPORTANT NOTICE
Recent Changes to Priority Processing - 23 September 2009

The Minister for Immigration and Citizenship, Senator Chris Evans, has set new processing priorities for certain skilled migration visa applications. The new direction will apply from 23 September 2009 and applies to new applications, and those already lodged or in the final stages of processing, and replaces the previous Priority Processing Direction (No. 40) which commenced on 1 January 2009.

The new direction gives priority to applicants who are sponsored by an employer, have a nominated occupation which is in critical need and are either sponsored by a state/territory government or by a family member. Different priority processing arrangements for Skilled-Graduate (Subclass 485) visa applicants apply.

The Migration Act 1958 contains powers by which the Minister can consider and finalise visa applications in an order of priority that the Minister considers appropriate. Departmental officers are required to follow this Ministerial direction, which applies to every stage of visa processing.

All General Skilled Migration (GSM) visas are subject to the new Ministerial direction, except for:
· Skilled – Recognised Graduate (Subclass 476);
· Skilled – Designated Area – Sponsored (Subclass 883);
· Skilled – Regional (Subclass 887).

The direction gives the following processing priorities (with highest priority listed first) to GSM applications:
1. applications from persons who are employer sponsored under the Employer Nominated Scheme and the Regional Sponsored Migration Scheme;
2. applications from persons who are nominated by a State/Territory government and have nominated an occupation on the Critical Skills List (CSL);
3. applications from persons who are sponsored by family and who have nominated an occupation on the CSL;
4. applications from persons who are neither nominated nor sponsored but who have nominated an occupation on the CSL;
5. applications from persons who are nominated by a State/Territory government and have not nominated an occupation on the CSL;
6. (i) applications from persons who have nominated an occupation on the Migration Occupation in Demand List (MODL); and
(ii) applications from persons who are sponsored by family and have not nominated an occupation on the CSL;
7. all other applications are to be processed in the order in which they are received.


The direction also gives the following processing priority to Skilled-Graduate (Subclass 485) visa applicants (with highest priority listed first):
1. applications from persons who have completed an Australian Doctor of Philosophy (PhD) at an Australian educational institution in Australia;
2. applications from persons who have nominated an occupation on the CSL;
3. applications from persons who have completed an Australian Bachelor degree and Australian Masters degree at an Australian educational institution in Australia;
4. applications from persons who have completed an Australian Bachelor degree and Australian Honours degree (at least upper second class level) at an Australian educational institution in Australia;
5. applications from persons who have completed either an Australian Bachelor degree or an Australian Masters degree at an Australian educational institution in Australia;
6. all other valid applications are to be processed in the order in which they are received.

The complete list of occupations on the CSL is available on the department’s website:
http://www.immi.gov.au/skilled/gener...kills-list.pdf



Application Processing Times

If your nominated occupation is on the Critical Skills List (CSL) and you have applied or will apply for an onshore or offshore GSM visa before the end of 2009, it is estimated that your visa application will be finalised within 12 months from your lodgement date.

If your nominated occupation is not on the Critical Skills List (CSL) and you have applied for an offshore GSM visa or intend to apply for an offshore GSM visa later in 2009, it is unlikely that your visa application will be finalised before the end of 2012.

If your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM visa later in 2009, it is unlikely that your visa application will be finalised before the end of 2011.

Your ‘nominated occupation' is the occupation you nominated at the time you lodged your application and cannot be changed.

These application processing times are indicative only and are based on the current visa application rate, the Priority Processing Direction (in effect from 23 September 2009), and the availability of places in the Migration Program.

Please do not contact the Department to request your application be exempted from the Minister’s Priority Processing Direction. Departmental officers must adhere to the Minister’s Direction and you will be contacted by the Department when your application is allocated to a case officer.

Processing priorities are subject to change. Any changes to these priorities or processing times will be updated on the Department’s website at: What's New? Recent Changes in General Skilled Migration.


Priority Processing Exemptions


Visa Subclasses 476 and 887 are exempt from the priority processing changes. Applications under these subclasses will continue to be processed in the order in which they were received by the Department – the following subclass by application lodgement date identifies cases currently being considered:

Visa Subclass Month/Year Lodgement
VF 476 (paper): 3 October 2008
VF 476 (e-lodged): 3 October 2008
VB 887 (paper): 7 July 2009

OTHER PROCESSING NEWS

MEDICAL RESULTS

If you have undertaken your medical examination at Health Services Australia (HSA), please do not post your medical results to us unless your case officer requests you to do so. Please store your results in a secure place and do not open the sealed envelope.


BRISBANE PROCESSING

Information regarding applications processed in Brisbane can be obtained by sending a blank email to the following email address: gsmb.information@immi.gov.au


CONTACTING US

Email: All enquiries for the ASPC and BSPC need to be made using the on-line enquiry form at:
General Skilled Migration Post-Lodgement Enquiry Form or

Telephone:
1300 364 613 (in Australia) for the cost of a local call; or
+61 1300 364 613 (outside Australia)

Contact Hours: (Australian Central Time):
0900 to 1600 Monday to Friday

Please note: due to the large volume of calls we receive, from time to time you may experience lengthy delays before getting to speak to a customer service officer.


LINKS

General Skilled Migration – What's New
What's New? Recent Changes in General Skilled Migration

Critical Skills List
http://www.immi.gov.au/skilled/gener...kills-list.pdf

Migration Occupations in Demand List (MODL)
Is your occupation in demand? - Workers - Visas & Immigration


Last updated: 29 September 2009

Sheelagh Blanckenberg
30th September 2009, 02:26 PM
So out of the horse's mouth - ASPC Adelaide states:

If your nominated occupation is on the Critical Skills List (CSL) and you have applied or will apply for an onshore or offshore GSM visa before the end of 2009, it is estimated that your visa application will be finalised within 12 months from your lodgement date.

If your nominated occupation is not on the Critical Skills List (CSL) and you have applied for an offshore GSM visa or intend to apply for an offshore GSM visa later in 2009, it is unlikely that your visa application will be finalised before the end of 2012.

If your nominated occupation is not on the CSL and you applied for an onshore GSM visa or intend to apply for an onshore GSM visa later in 2009, it is unlikely that your visa application will be finalised before the end of 2011.

So ASPC confirms, anyone who has lodged an application and whose occupation is not on the CSL, faces a lengthy wait. Suck it up. Move on. Live with it. Dont bother contacting us - we'll contact you!! It is ridiculous! Especially when there is talk that the CSL may be done away with. What then?
.

Robert K Chelliah
30th September 2009, 03:35 PM
Hi Sheelagh,

The notice from Adelaide states that under the Migration Act the Minister has the power to determine the processing priority. Do the applicants have the overriding rights to natural justice and principles of fair trading , i.e at the time of payment of VAC chrages the time frame was stipulated and on tht basis and expectation the payment was made and recieved. Can a party to this arrangement unilaterally change the processing time without negotiating with the "customer". In a commercial contract thiw will lead to claim of damages.

Constitutional Rights enshrined in the Australian Constitution overrides the power of Migration Act.

Is there anyone willing to test this oud judicially or throught the Ombudsman?

Most agents are feeling the doldrum in their business.


Robert K Chelliah
www.austmigration.com.au

Amin Rahman
30th September 2009, 11:18 PM
Hi Sheelagh,

Do the applicants have the overriding rights to natural justice and principles of fair trading , i.e at the time of payment of VAC chrages the time frame was stipulated and on tht basis and expectation the payment was made and recieved.


Robert K Chelliah
www.austmigration.com.au

Where in the application or elsewhere is the time frame mentioned ? Any reference?

Regards.

Amin Rahman
MARN 0322761

Glenn Pereira
1st October 2009, 12:52 AM
Is there anyone willing to test this oud judicially or throught the Ombudsman?


I think an opinion should be sought from a prominent Barrister on the validity of the latest announcement.

Regards
Glenn

Calvin
1st October 2009, 12:56 AM
Is there anyone willing to test this oud judicially or throught the Ombudsman?


I think an opinion should be sought from a prominent Barrister on the validity of the latest announcement.

Regards
Glenn

What is the Bearing of this on the thousands of International Students Doing Commercial cookery & hairdressing courses?

Glenn Pereira
1st October 2009, 07:28 AM
What is the Bearing of this on the thousands of International Students Doing Commercial cookery & hairdressing courses?

The decision will give DIAC the time they require to re-open all the cases and investigate the 900 hours bogus work experience.

regards
Glenn Pereira

Calvin
1st October 2009, 12:16 PM
The decision will give DIAC the time they require to re-open all the cases and investigate the 900 hours bogus work experience.

regards
Glenn Pereira
But They still be able to remain here on bridging Visas?

Sheelagh Blanckenberg
1st October 2009, 01:12 PM
The way things stand at the moment, yes, they will be on bridging visas until a decision is made on their application.

Robert K Chelliah
1st October 2009, 02:34 PM
"Where in the application or elsewhere is the time frame mentioned ? Any reference?" Amin


Amin,

It is well known that clients used to receive letters from DIMA/DIAC that it will take UP TO 12 months for their GSM application to be processed and only to call the Department if the 12 months has been exceeded. FOI will show heaps of evidence.

In any cas eit was not 2 or 3 years as it is now.


Robert K Chelliah

Amin Rahman
2nd October 2009, 12:35 PM
"Where in the application or elsewhere is the time frame mentioned ? Any reference?" Amin


Amin,

It is well known that clients used to receive letters from DIMA/DIAC that it will take UP TO 12 months for their GSM application to be processed and only to call the Department if the 12 months has been exceeded. FOI will show heaps of evidence.

In any cas eit was not 2 or 3 years as it is now.


Robert K Chelliah

Robert,

I checked the pre-grant letters and other letters received earlier by my Offshore GSM cleints. I could not find anywhere mention of the expectd time period for processing of their applications. Note I am talking about Offshore GSM applications not spouse, 457, ENS/RSMS or other visas. For the latter group of visa applications, the case officer would indicate how long processing of the visa application was likely to take. For spouse visas they advised not to contact them until 6 months had elapsed since lodgment of completed application along with all required documents.

Yes, I agree, before September 2008, all front loaded Offshore GSM applications, MODL, non-MDOL, Independent, Sponsored by state, sposnored by family, permanent or temporary, got finalisde within 12 months after lodgement. That is what I would advise prospective clients.

Regards.

Amin Rahman MARN 0322761

Susan Wareham McGrath
2nd October 2009, 10:46 PM
Re the standard sign off on emails from DIAC officers:

"Service Satisfaction
The department remains committed to ensuring that all clients, both in
Australia and overseas, receive not only fair and reasonable treatment,
but also an efficient standard of service that is sensitive to each
client's needs."

There are none so blind as those who cannot see.........

Sheelagh Blanckenberg
3rd October 2009, 01:43 PM
The Minister has ridden right over DIAC's people first policy - many in DIAC are furious at the way this has been handled. But what can they do? They are just bureaucrats at the end of the day, doing what their master tells them to do and picking up their pay check at the end of the month.

Glenn Pereira
3rd October 2009, 11:52 PM
I think DIAC requires the time to clean up the on-shore mess.

The three months Oct-Dec will give them the time to focus on the mess.

I anticipate a new policy with the job ready test which is being attended to in Canberra next week will be announced to commence 1st Jan 2010.


Regards
Glenn

khz2007
6th October 2009, 06:42 PM
Hello Glenn Pereira,Susan Wareham McGrath,Robert K Chelliah,
Mr. Amin knows me from another site...
I am new to this site. This is the text below that I posted to the Immigration(DIAC) people and to Ombudsman. And I wish to raise this issue with the media as well very soon. Here are my feelings and my complaint.

Sir,
This complaint is against the department of Immigration and the draconian process proceedings of its department and the Minister Chris Evans along with thousands other applicants who have applied for Migration to Australia. I am an applicant who applied for VISA BQ subclass 138 on 27th August 2007. Paid all VAC.

We applied with an registered migration agent(MARA) and have worked in conjunction with all the requirements fairly at the time of application. This latest action imposed by the department ,I believe is very unfair and not in keeping with the policies you work ever so hard on - to better your country and people life`s that are associated with it. The MARA agent said that this process of my application will take not more than a year. And the contract/form filled by us at the time of application with the agent said clearly as 1 (12 months ) year. Now its more than 25 months. No case officer has been allotted to us yet. And the new proceedings say that I will have to wait another 3 - 4 years.

This policy is the most ridiculous, backwards thinking, ill-conceived and illogical policy i have ever seen. Shame on the Minister for Immigration for dreaming up this ridiculous policy of 23rd September 2009.. We are upset, distraught, dumbfounded at this new ruling given the amount of hard work we have faithfully given to your system included all the adjustments to previous alterations you imposed. Surely you cant expect good honest hardworking people to sit on the fence till your newly proposed times? Would they have faith in your immigration system knowing the overnight changes which dramatically disrupt peoples lives.
Chris Evans - Australia`s Minister for Immigration and Citizenship along with the department, seems to have no morals and has not respected the previous applications submitted in good faith on your very own system!.
The impact on the families that have acted in good faith complying with your system of immigration.
Surly you must introduce these changes and ween them into the system providing a smooth transitional period to avoid a farce.
Now ask yourself this - Would that be fair? I suspect you have given yourself a different answer from above, and believe it is your job to act upon. The applications should be processed in a systematic manner... Why break the queue and play with my and my family's future.


All registered migration agents ,Need your comments as to what course of action should be advised so that this barbaric policy can be reversed... Thanks