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-   -   I guess this is goodbye. (https://britishexpats.com/forum/australia-54/i-guess-goodbye-259446/)

lucyb Oct 11th 2004 9:25 pm

I guess this is goodbye.
 
My agent just called and she is as upset as I am. The caseworker has indeed refused our application. Basically we had to initially lodge under the skill matching scheme so that we had something lodged before Haydn turned 30 on July 13. In the meantime we applied for state nomination from SA and that came back very quickly. Great we thought...we can now apply for SIR. Haydn turned 30 and I believe we actually lodged our SA application around July 30. This was all ok, we were assured that there would be no problem as we had something lodged before his 30th. Howver now DIMIA are saying that they are two seperate visas (duh-as if we didnt know that) and we cannot transfer them, therefore they can only use the date of lodgment for the SIR visa and we are then 5 MEASLEY BLOODY POINTS SHORT and therefore REFUSED. Thats it. case closed. bloody bastards. These are peoples lives they are messing and toying with. How cruel is that after we spent all that money, the rest of our savings. flying out to Adelaide and falling in love with it. So now we have nothing. No savings and our dreams are ruined. I am devestated and heartbroken and cannot stob sobbing. My agent, bless her is trying to tempt us with NZ, but we have our hearts set on Adelaide. Life is so cruel.

And you know what else pisses me off? If Id known we had no chance, I would have not spent all our savings trying and therefore could have had a longer maternity leave with Toby. :(

artep Oct 11th 2004 9:32 pm

Re: I guess this is goodbye.
 
Oh Lucy.....I don't know what to say....I'm so sorry. What a complete kick in the teeth for you both.. :( I'm sure others will post more useful messages for you but I'm really lost for words...so sorry :(

mysnix Oct 11th 2004 9:32 pm

Re: I guess this is goodbye.
 
Lucy,

I am absolutely gutted for you, I can't imagine what you're feeling.

Is there no alternatives left?

There isn't anything I can say really, except I'm thinking of you, and sending big hugs.

[[[x]]]

Nikki
xx

possoms Oct 11th 2004 9:41 pm

Re: I guess this is goodbye.
 

Originally Posted by lucyb
My agent just called and she is as upset as I am. The caseworker has indeed refused our application. Basically we had to initially lodge under the skill matching scheme so that we had something lodged before Haydn turned 30 on July 13. In the meantime we applied for state nomination from SA and that came back very quickly. Great we thought...we can now apply for SIR. Haydn turned 30 and I believe we actually lodged our SA application around July 30. This was all ok, we were assured that there would be no problem as we had something lodged before his 30th. Howver now DIMIA are saying that they are two seperate visas (duh-as if we didnt know that) and we cannot transfer them, therefore they can only use the date of lodgment for the SIR visa and we are then 5 MEASLEY BLOODY POINTS SHORT and therefore REFUSED. Thats it. case closed. bloody bastards. These are peoples lives they are messing and toying with. How cruel is that after we spent all that money, the rest of our savings. flying out to Adelaide and falling in love with it. So now we have nothing. No savings and our dreams are ruined. I am devestated and heartbroken and cannot stob sobbing. My agent, bless her is trying to tempt us with NZ, but we have our hearts set on Adelaide. Life is so cruel.

And you know what else pisses me off? If Id known we had no chance, I would have not spent all our savings trying and therefore could have had a longer maternity leave with Toby. :(

oh i am so sorry words fail me i mean your so young i dont understand it surely there is another way of getting in we are going on STNI and Colin is 44 hasnt your agent given you any other options?

Kay

seang Oct 11th 2004 9:48 pm

Re: I guess this is goodbye.
 
Are you short on the SIR points?

Boomerang Oct 11th 2004 9:48 pm

Re: I guess this is goodbye.
 
Oh my god :scared:

Im not really sure what to say Lucy, we have spoken a few times ( chatroom and over PMs ) and I know you were really looking forward on moving and the kids were happy, and now this… :(

Life sometimes can be cruel, and for them ( immigration ) we are just a number, they can always go elsewhere, that’s my interpretation. It’s not nice specially when there is two small kids involved.

Wishing you all the best, and if there is anything we can help just gives us a shout.

xx
Pedro

lucyb Oct 11th 2004 9:55 pm

Re: I guess this is goodbye.
 

Originally Posted by seang
Are you short on the SIR points?

Yes becuase now Haydn is 30 we are officially 5 points short and my occupation isnt worth anything nor are my qualifications ( I have an HND in Travel and Tourism Management and have worked for Kuoni for 8 years) Im on the DIMIA website desperately trying to find a way round this ! Jeremy HELP! I feel they are nit picking and being quite petty and also moving the goalposts.

Paul&Ann-Marie Oct 11th 2004 10:03 pm

Re: I guess this is goodbye.
 
That's shite lucy.
Sorry to hear your news, hopefully someone can bring to your attention another possibility.

maybe new zealand wouldn't be such a bad idea if all else fails. :(

Paul.

andy thomas Oct 11th 2004 10:05 pm

Re: I guess this is goodbye.
 

Originally Posted by lucyb
Yes becuase now Haydn is 30 we are officially 5 points short and my occupation isnt worth anything nor are my qualifications ( I have an HND in Travel and Tourism Management and have worked for Kuoni for 8 years) Im on the DIMIA website desperately trying to find a way round this ! Jeremy HELP! I feel they are nit picking and being quite petty and also moving the goalposts.


Hi Lucy,

what is Haydn's trade and is it on any of the occupations in demand lists for SA, Vic or Tas, if it is and as along as you have 70 pts or more you can be sponsered by the respective gov and be granted a permanent residency visa under the STNI scheme

good luck Andy

DollyDaydream Oct 11th 2004 10:05 pm

Re: I guess this is goodbye.
 

Originally Posted by lucyb
My agent just called and she is as upset as I am. The caseworker has indeed refused our application. Basically we had to initially lodge under the skill matching scheme so that we had something lodged before Haydn turned 30 on July 13. In the meantime we applied for state nomination from SA and that came back very quickly. Great we thought...we can now apply for SIR. Haydn turned 30 and I believe we actually lodged our SA application around July 30. This was all ok, we were assured that there would be no problem as we had something lodged before his 30th. Howver now DIMIA are saying that they are two seperate visas (duh-as if we didnt know that) and we cannot transfer them, therefore they can only use the date of lodgment for the SIR visa and we are then 5 MEASLEY BLOODY POINTS SHORT and therefore REFUSED. Thats it. case closed. bloody bastards. These are peoples lives they are messing and toying with. How cruel is that after we spent all that money, the rest of our savings. flying out to Adelaide and falling in love with it. So now we have nothing. No savings and our dreams are ruined. I am devestated and heartbroken and cannot stob sobbing. My agent, bless her is trying to tempt us with NZ, but we have our hearts set on Adelaide. Life is so cruel.

And you know what else pisses me off? If Id known we had no chance, I would have not spent all our savings trying and therefore could have had a longer maternity leave with Toby. :(

lucy,

Have sent you a PM.

D D

of2oz Oct 11th 2004 10:05 pm

Re: I guess this is goodbye.
 
:( absolutley gutted for you, you must be devastated, i,m sure there is some one on this site who can offer some hope of getting to oz, when you have calmed down look at all the options one by one, keep your chin up, we are all on your side, good luck from steve and family.

Springo Oct 11th 2004 10:14 pm

Re: I guess this is goodbye.
 
Oh Lucy

I really don't know what to say. I am so sorry your dreams have been shattered.

Hopefully someone may come up with another solution.

I know that our visa app has always been on a thin line, we have always had it in our mind that if things go wrong it isn't the end of the world, just means we have to focus our lives on doing something else.

Stay positive Lucy and take care

Julia

lucyb Oct 11th 2004 10:15 pm

Re: I guess this is goodbye.
 

Originally Posted by andy thomas
Hi Lucy,

what is Haydn's trade and is it on any of the occupations in demand lists for SA, Vic or Tas, if it is and as along as you have 70 pts or more you can be sponsered by the respective gov and be granted a permanent residency visa under the STNI scheme

good luck Andy


They have soem of the most random occupations I have ever heard of on there, but sadly not my husbands. (officially a sports administrator he is assistant manager of a huge leisure centre in Sussex.) DAMMIT there has to be some way we can take this higher and complain.

andy thomas Oct 11th 2004 10:21 pm

Re: I guess this is goodbye.
 

Originally Posted by lucyb
They have soem of the most random occupations I have ever heard of on there, but sadly not my husbands. (officially a sports administrator he is assistant manager of a huge leisure centre in Sussex.) DAMMIT there has to be some way we can take this higher and complain.


Lucy, what is the code he was allocated for this occupation when you submitted his skills assessment.

Andy

lucyb Oct 11th 2004 10:24 pm

Re: I guess this is goodbye.
 

Originally Posted by andy thomas
Lucy, what is the code he was allocated for this occupation when you submitted his skills assessment.

Andy

1299-19 sports adminstrator

andy thomas Oct 11th 2004 10:27 pm

Re: I guess this is goodbye.
 

Originally Posted by lucyb
1299-19 sports adminstrator


is there a way in if you revert back to the skill matching visa you originally lodged for?

walaj Oct 11th 2004 10:28 pm

Re: I guess this is goodbye.
 
That sucks big time, especially when a previous case officer had confirmed in writing you (and family) were ok :mad:

It is a bit of a obvious one, but have you claimed 5 bonus points (eg for the $100k investment).

Has your agent said anything of a way forward? - looking at booklet 6 it says if you are refused you can, if applicable(?), apply for merits review of the decision.

Hope you can find a way forward

debsy Oct 11th 2004 10:37 pm

Re: I guess this is goodbye.
 
Dear Lucy
I am really sorry to hear about this - you must be so upset at the moment. I hope that you are able to work something out.

lucyb Oct 11th 2004 10:41 pm

Re: I guess this is goodbye.
 

Originally Posted by andy thomas
is there a way in if you revert back to the skill matching visa you originally lodged for?


Yes we can go to back to the skill matching pool but who knows how long that will take......

lucyb Oct 11th 2004 10:42 pm

Re: I guess this is goodbye.
 

Originally Posted by walaj
That sucks big time, especially when a previous case officer had confirmed in writing you (and family) were ok :mad:

It is a bit of a obvious one, but have you claimed 5 bonus points (eg for the $100k investment).

Has your agent said anything of a way forward? - looking at booklet 6 it says if you are refused you can, if applicable(?), apply for merits review of the decision.

Hope you can find a way forward


We were already paying the 100k bond...off to look at booklet 6 now....

tiredwithtwins Oct 11th 2004 10:46 pm

Re: I guess this is goodbye.
 
just a thought, but if you have passed the pool mark your application isnt automatically rejected....I thought your application went into the pool for 2 years - this is from booklet 6 - in case a lower pass mark is set? (it must be a possibility or it woudlnt be in the dimia booklet before anyone shoots me down in flames)
lucy, does the 5 points short mean you only now have 105? (as pass mark for SIR is 110 points)?

I think you need to get a new agent....I cant beleive the agent had the inexperience to allow you to submit your application knowing you wouldnt achieve the pass mark?? If they did, then you must have some way of redress with regards to fees paid etc.

sue

SunshineGirl Oct 11th 2004 10:47 pm

Re: I guess this is goodbye.
 
I'm really sorry to hear your news.

I hope you find a way to realise your dreams.

Hang in there!

Go Banana's !! Oct 11th 2004 10:49 pm

Re: I guess this is goodbye.
 
Hi Lucy,

So sorry to hear about this set-back. Unfortunately I can't give you any advice as there are others more qualified and more experienced on the in's and out's of the DIMIA. I'm sure if anyone on the forum can help then they will do.

Keep your chin up and we'll keep everything crossed for you.

Thinking of you

Warren & Jill :o

primrose Oct 11th 2004 11:04 pm

Re: I guess this is goodbye.
 

Originally Posted by tiredwithtwins

I think you need to get a new agent....I cant beleive the agent had the inexperience to allow you to submit your application knowing you wouldnt achieve the pass mark?? If they did, then you must have some way of redress with regards to fees paid etc.

I have followed your posts both on here and the Adelaidebrits site, and Sue is right, your agent seems to have given you poor advice.

I hope this all sorts itself out and you manage to fulfill your dream.

Goodluck

lucyb Oct 11th 2004 11:06 pm

Re: I guess this is goodbye.
 

Originally Posted by primrose
I have followed your posts both on here and the Adelaidebrits site, and Sue is right, your agent seems to have given you poor advice.

I hope this all sorts itself out and you manage to fulfill your dream.

Goodluck


Im not taking this lying down.....am writing to the SA government to plead my case. We are EXACTLY the sort of migrants they want...young, fit and healthy, hardworking and with a bit of capital behind us...

Alan Collett Oct 11th 2004 11:10 pm

Re: I guess this is goodbye.
 
My thoughts:

- It sounds to me that you may be confusing a State Nomination with a SIR visa sponsorship.

- In any event, with a 50 point occupation your points situation in respect of the original visa application would (in an ideal world) be:

Occupation 50
Age 30
English language 20
Specific work experience 5
Bonus points 5 (assuming you can lodge A$100k)

TOTAL 110

- I don't know the full details of your application, but there are provisions which allow those who have been "pooled" with 110 points to be invited to apply for a SIR visa:
http://www.immi.gov.au/migration/ski...r_6.htm#pooled

- My guess is that you have been assessed at 105 points, not 110, because you haven't lodged the $100k, and therefore the pathway to the SIR visa discussed at the weblink above isn't available to you ... which I dare say you know already.

- However, without researching the situation more fully I don't know whether you can attain the 110 points by lodging the $100k, and then utilise the pathway to the SIR visa I have just mentioned. Maybe your agent can look into this?

Good luck.




Originally Posted by lucyb
My agent just called and she is as upset as I am. The caseworker has indeed refused our application. Basically we had to initially lodge under the skill matching scheme so that we had something lodged before Haydn turned 30 on July 13. In the meantime we applied for state nomination from SA and that came back very quickly. Great we thought...we can now apply for SIR. Haydn turned 30 and I believe we actually lodged our SA application around July 30. This was all ok, we were assured that there would be no problem as we had something lodged before his 30th. Howver now DIMIA are saying that they are two seperate visas (duh-as if we didnt know that) and we cannot transfer them, therefore they can only use the date of lodgment for the SIR visa and we are then 5 MEASLEY BLOODY POINTS SHORT and therefore REFUSED. Thats it. case closed. bloody bastards. These are peoples lives they are messing and toying with. How cruel is that after we spent all that money, the rest of our savings. flying out to Adelaide and falling in love with it. So now we have nothing. No savings and our dreams are ruined. I am devestated and heartbroken and cannot stob sobbing. My agent, bless her is trying to tempt us with NZ, but we have our hearts set on Adelaide. Life is so cruel.

And you know what else pisses me off? If Id known we had no chance, I would have not spent all our savings trying and therefore could have had a longer maternity leave with Toby. :(


Cheeky Oct 11th 2004 11:21 pm

Re: I guess this is goodbye.
 
Lucy,

Im so sorry to hear about this and I hope you sort it out.

Regards, Cheeky

OzTennis Oct 11th 2004 11:40 pm

Re: I guess this is goodbye.
 

Originally Posted by Alan Collett
My thoughts:

- It sounds to me that you may be confusing a State Nomination with a SIR visa sponsorship.

- In any event, with a 50 point occupation your points situation in respect of the original visa application would (in an ideal world) be:

Occupation 50
Age 30
English language 20
Specific work experience 5
Bonus points 5 (assuming you can lodge A$100k)

TOTAL 110

- I don't know the full details of your application, but there are provisions which allow those who have been "pooled" with 110 points to be invited to apply for a SIR visa:
http://www.immi.gov.au/migration/ski...r_6.htm#pooled

- My guess is that you have been assessed at 105 points, not 110, because you haven't lodged the $100k, and therefore the pathway to the SIR visa discussed at the weblink above isn't available to you ... which I dare say you know already.

- However, without researching the situation more fully I don't know whether you can attain the 110 points by lodging the $100k, and then utilise the pathway to the SIR visa I have just mentioned. Maybe your agent can look into this?

Good luck.

Isn't Alan a treasure - use him whenever you can folks! I was very sorry to read your original posts Lucy but I like your 'pick yourself up, dust yourself off and start all over again attitude'. I agree, you are both exactly what they will be looking for in SA so good luck with whatever you do next as Alan and others have given you hope that you can eventually get there. 'Don't dream it's over'.

OzTennis :)

Pollyana Oct 11th 2004 11:45 pm

Re: I guess this is goodbye.
 
Lucy, you poor soul, you have my sympathy.
As OzTennis says - don't dream its over. Is it possible to get Alan or someone to take your case on?

seang Oct 12th 2004 12:02 am

Re: I guess this is goodbye.
 
Just to say sorry to read about your set back(and thats all it is -a set back .Not the end)

Hopefully Alan has given you something to go with to the next step.

I would guess SA would be more receptive to any contact then other states(although I know DIMIA have last say)

All the best keep plugging away at them.Show them you are the type that they would welcome in.

JAJ Oct 12th 2004 12:08 am

Re: I guess this is goodbye.
 

Originally Posted by lucyb
Yes becuase now Haydn is 30 we are officially 5 points short and my occupation isnt worth anything nor are my qualifications ( I have an HND in Travel and Tourism Management and have worked for Kuoni for 8 years) Im on the DIMIA website desperately trying to find a way round this ! Jeremy HELP! I feel they are nit picking and being quite petty and also moving the goalposts.

If you lodged a Skill Matching (Class BR) application initially, this does *not* freeze age for SIR purposes. Sorry - but DIMIA seem to be correct.

A Skilled Independent (Class BN) application lodged before your husband's birthday would *possibly* have done, but this is only based on what DIMIA are saying as they drafted the Regulations badly and on a strict wording of them currently this is not the case.

In your shoes I'd look at New Zealand or Canada to see if you qualify there.

Jeremy

glittababe Oct 12th 2004 12:08 am

Re: I guess this is goodbye.
 

Originally Posted by andy thomas
is there a way in if you revert back to the skill matching visa you originally lodged for?

Bloody hell Lucy! Thats shit! There has to be a way around it. Your agent sounds really inexperienced. As you've said, you're perfect for migration. I've posted a thread in the nursing forum on whats happened to us 'has anyone experienced any problems with oz nursing agencies?' The nursing agency we came through has messed with our lives, we've lost money etc At least we can count this as a validation trip and now apply for PR when we return to UK. Will be completely gutted if we're refused, especially as we're here at the moment, children happy etc. Had you arranged to sell your house? Hope you're ok? Talk to Jeremy see what he can suggest. Take care thinking of you all XXXX :(

Hels Oct 12th 2004 12:14 am

Re: I guess this is goodbye.
 
Lucy,

Damn honey!! I am really sorry to read about your probs.

I wish there was something I could do, but apart from sending you loads of good vibes and hope.....I wish it was more, hon....sorry.

Keep your chin up, you never know what will happen. I will keep all my fingers crossed for ya.

Hels
xxx

madsad Oct 12th 2004 12:18 am

Re: I guess this is goodbye.
 

Originally Posted by lucyb
My agent just called and she is as upset as I am. The caseworker has indeed refused our application. Basically we had to initially lodge under the skill matching scheme so that we had something lodged before Haydn turned 30 on July 13. In the meantime we applied for state nomination from SA and that came back very quickly. Great we thought...we can now apply for SIR. Haydn turned 30 and I believe we actually lodged our SA application around July 30. This was all ok, we were assured that there would be no problem as we had something lodged before his 30th. Howver now DIMIA are saying that they are two seperate visas (duh-as if we didnt know that) and we cannot transfer them, therefore they can only use the date of lodgment for the SIR visa and we are then 5 MEASLEY BLOODY POINTS SHORT and therefore REFUSED. Thats it. case closed. bloody bastards. These are peoples lives they are messing and toying with. How cruel is that after we spent all that money, the rest of our savings. flying out to Adelaide and falling in love with it. So now we have nothing. No savings and our dreams are ruined. I am devestated and heartbroken and cannot stob sobbing. My agent, bless her is trying to tempt us with NZ, but we have our hearts set on Adelaide. Life is so cruel.

And you know what else pisses me off? If Id known we had no chance, I would have not spent all our savings trying and therefore could have had a longer maternity leave with Toby. :(


Absolutely shocked to hear your news Lucy,hope theres a way around it for you guys-keep trying x
Best wishes,luck & hugs x x x
Donna.

Deadmeat Oct 12th 2004 12:19 am

Re: I guess this is goodbye.
 
Keep your head up Lucy, you sound like the sort of person that countries should be encouraging to settle.

Best Of Luck
Matt

irishmolly Oct 12th 2004 12:26 am

Re: I guess this is goodbye.
 

Originally Posted by lucyb
My agent just called and she is as upset as I am. The caseworker has indeed refused our application. Basically we had to initially lodge under the skill matching scheme so that we had something lodged before Haydn turned 30 on July 13. In the meantime we applied for state nomination from SA and that came back very quickly. Great we thought...we can now apply for SIR. Haydn turned 30 and I believe we actually lodged our SA application around July 30. This was all ok, we were assured that there would be no problem as we had something lodged before his 30th. Howver now DIMIA are saying that they are two seperate visas (duh-as if we didnt know that) and we cannot transfer them, therefore they can only use the date of lodgment for the SIR visa and we are then 5 MEASLEY BLOODY POINTS SHORT and therefore REFUSED. Thats it. case closed. bloody bastards. These are peoples lives they are messing and toying with. How cruel is that after we spent all that money, the rest of our savings. flying out to Adelaide and falling in love with it. So now we have nothing. No savings and our dreams are ruined. I am devestated and heartbroken and cannot stob sobbing. My agent, bless her is trying to tempt us with NZ, but we have our hearts set on Adelaide. Life is so cruel.

And you know what else pisses me off? If Id known we had no chance, I would have not spent all our savings trying and therefore could have had a longer maternity leave with Toby. :(

Don't give up on your dreams - "what is for you won't pass you by"

Call a few other agents and see what they say, Alan Collett might know ways around this ?

Good luck and keep your chin up.

IrishMolly

Gravyman Oct 12th 2004 12:35 am

Re: I guess this is goodbye.
 
Hi Lucy

Really sorry to hear your bad news.

I hope that you manage to get things sorted and that you are still able to fulfill your dream.

Graham

bettytweena Oct 12th 2004 1:08 am

Re: I guess this is goodbye.
 
I've replied on Adelaidebrits as well, but just want to say....don't give up yet...When the points increased in April, we were totally wiped out in terms of points and all that, but something came up, just like it will for you.....fight for what you believe in, Lucy, it will turn out ok.

Good luck
Lesley

lucyb Oct 12th 2004 1:28 am

Re: I guess this is goodbye.
 

Originally Posted by bettytweena
I've replied on Adelaidebrits as well, but just want to say....don't give up yet...When the points increased in April, we were totally wiped out in terms of points and all that, but something came up, just like it will for you.....fight for what you believe in, Lucy, it will turn out ok.

Good luck
Lesley


Hi everyone..Ive taken your advice and contacted Alan Colletts UK office and they are going to get him to ring me. I am not taking no for an answer...DIMIA get ready for a fight! :mad:

madsad Oct 12th 2004 1:35 am

Re: I guess this is goodbye.
 

Originally Posted by lucyb
Hi everyone..Ive taken your advice and contacted Alan Colletts UK office and they are going to get him to ring me. I am not taking no for an answer...DIMIA get ready for a fight! :mad:


Good on ya Lucy-you go for it girl!!!
Donna.x


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