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Latest processing update from ASPC Adelaide - 29 Sept 2009
Old 30th September 2009, 02:20 PM   #1
Sheelagh Blanckenberg
 
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Default Latest processing update from ASPC Adelaide - 29 Sept 2009

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
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Old 30th September 2009, 02:26 PM   #2
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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?
.
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Old 30th September 2009, 03:35 PM   #3
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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
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Old 30th September 2009, 11:18 PM   #4
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Quote:
Originally Posted by Robert K Chelliah View Post
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
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Old 1st October 2009, 12:52 AM   #5
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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
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Old 1st October 2009, 12:56 AM   #6
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Quote:
Originally Posted by Glenn Pereira View Post
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?
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Old 1st October 2009, 07:28 AM   #7
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Quote:
Originally Posted by Calvin View Post
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
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Old 1st October 2009, 12:16 PM   #8
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Quote:
Originally Posted by Glenn Pereira View Post
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?
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Old 1st October 2009, 01:12 PM   #9
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The way things stand at the moment, yes, they will be on bridging visas until a decision is made on their application.
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Old 1st October 2009, 02:34 PM   #10
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"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.


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