Pollyana

Go for it Lucy - and I hope DIMIA realise that not only are they taking on you and Alan Collett, but also the whole Expats forum! We're behind you mate, fight them with all guns blazing!

mysnix

"Go for it Lucy - and I hope DIMIA realise that not only are they taking on you and Alan Collett, but also the whole Expats forum! We're behind you mate, fight them with all guns blazing!"

Hear, Hear!!

SteveBannister

It sounds to me like you should be venting your anger at your agent and not at DIMIA or channel 7.

...your agent should have known this and acted accordingly.

If the agent has got it wrong, you should be entitled to a refund. The people we used gave us a guarantee or we could have our money back.

You've got to calm down and try some other way. If you definitely haven't got enough points, ask for your money back, get a trade or better qualifications and try later. Haydn still has 14 years!

Lavinia

Are there 70 point occupations?

Lucy, what about spouse points? With your HND you should be able to get an assessment for a 40 point occupation with Vetassess and if travel agents aren't on the SOL (I think they aren't, but I'm not sure) then go through the SOL to see if there's anything you could do instead. I know it's not easy, but you have five years before you loose the next five age points - make as much use of them as you can!

And who knows: Points can rise, but they can also fall, the SOL changes all the time, so one day miraculously your occupation might be there and everything will fall into place by itself (But don't count on that too much - I guess Alan Collett is a more reliable option.)!

Lots of luck to all of you!!!

Lavinia

lucyb

Hi Steve

I hear what you are saying, I really do. It is so hard for me as I have forged quite a friendship with my agent and I think the world of her...I kind of feel like I dont want to give her a hard time as I know she has worked her balls off for me. On the other hand i also feel that they have misled me and I am so mad. I also have an email from DIMIA saying everything is fine too so I feel doubly buggered, if you can excuse the French! I just dont know where I stand and from where I am looking, Dimia have moved the goalposts and its just not on.

Lucy

JAJ

With respect to you Polly, fighting talk is all well and good but as far as DIMIA is concerned it will be about as effective as an airgun pellet on elephant hide.

As I've noted already, from the information Lucy has posted (which is not completely clear) it may well be that DIMIA are correct in their decision. And if they are, I cannot see them revising their decision.

On top of that, offshore SIR applicants have no right of appeal to the Migration Review Tribunal. Whether any other legal avenues exist is unlikely, but it would need an immigration *lawyer* (not an agent) to review the file and see if there are any options. Such options, if they existed, would be neither simple nor cheap.

Lucy has posted that they lodged a Skill Matching visa application in early July. If that's really what happened, this application still exists in the system (despite the SIR refusal) and there are two routes to get a visa:

- sponsorship by South Australia for a Skill Matching visa (criteria similar to STNI). Problem with this is that the occupation normally needs to be on the SA shortage list, but it might be worth seeing if there's any scope to be flexible in the light of the circumstances. DIMIA would also have to agree with this.
- sponsorship by a regional employer for the Regional Sponsored Migration Scheme
- if neither of the above happens within 2 years, the application will be refused.

If one gets into NZ then one can eventually come to Australia on an NZ passport, but NZ is planning to raise the citizenship residence requirement to 5 years (from three) with effect from January 2005.

The other potential option is Canada, although the selection criteria are different there (French is obviously an asset).

Jeremy

Bix

Lucy,

I think a deep breath is called for.

You did not meet the requirements to qualify for this particular visa.
Have DIMIA made a mistake ? Probably not.

Your agent seems to have accepted the decision is correct which leads to the conclusion that it is indeed they who have failed you.

Why did you employ an agent ?
For the expertise and knowledge that would either take you through the difficult process of obtaining a visa or to advise you that it would not be possible.

Whichever way you look at it the agent has failed you. They are selling a professional service but have been found lacking.

They should have known your application would not succeed. The visa regulations change all the time but that is their full time business and they should be on top of it.

Whether you have recourse to them regarding fees or whether or not you wish to excercise any such right is your personal decision.

In all walks of life good businesses occassionally cock-up. It may be your agent is a well respected one with an excellent track record but in this case they have cocked-up.

After this debacle you have to decide if you can trust them to salvage your situation (which may entail going down a different visa route altogether) or whether you should employ the services of a different agent.

I'm sorry if this all sounds a bit hard Lucy but at the moment you are feeling very bitter toward DIMIA and I don't really think that will ultimately help you. Look at them as a challenge if you like, a hurdle to overcome but not as an enemy.

My own case may offer some hope to your plight.
The visa I was originally applying for was withdrawn just before my application was ready. A few months later another type of visa became possible but then the company I was joining let me down.
So twice I was dead and burried but I stuck at it and things eventually came together.

I really wish you the best of luck Lucy.
If it's meant to be it will happen.

SteveBannister

This may also be a problem. Although Lucy keeps saying, "..pardon my French..", I don't think she is actually fluent in the language!

Jonahs_mummy

That is awful news hun.
I am so sorry - have you thought about taking up your agents idea about NZ? If you can get in there, you could then come to Aus from NZ, which seems to be okay.........?

lucyb

Very good Steve! I am indeed fluent in French! Feeling a bit more rational and positive today and am going to explore any other avenues which may be open to me and also have a bit of a chat with my agent as to why they took our case on.

Thanks everyone

Lucy
x

DollyDaydream

Lucy,

been trying to think of silver lining in your cloud and I've come up with one. If (and that is an enormous if coz I'm sure Oz will work out for you) you go to NZ first just think, NO HUNTSMEN!!!

(can I come too )

D D

mlbonner

Oh Lucy, gutted for you. Really hope something is done so you can realise your dream once again.

JAJ

NZ permanent residents have no special rights in Australia.

NZ citizens have some rights in Australia (not full PR) but it's likely that from Jan 2005 you'll need to live in NZ for 5 years to get citizenship.

Jeremy

yinwong

A few things that I do not understand

- Why did she go for SIR when she was eligible for STNI (137)?

- What constitutes a relodgement?
switching from :
- Skill Matching -> SIR?
- Skilled Independent (136) -> STNI (137)?

lucyb

We are not eligible for STNI as my husbands occupation is not on the list!

Lucy