The poo has hit the fan....................
Nov 17th 2004, 9:21 pm
#1
Thread Starter
Joined: Jun 2004
Posts: 1,606
The poo has hit the fan....................
Well, it looks like, for the time being we are stuck in blighty. 
DIMIA have finally graced us with a response to our appeal regarding our SIR Visa, and this is what they sent to my agent.........
Dear *****
>
> I am sorry that I have taken so long to get back to you on this particular
> case but Anna *******s email of 12 October says it all. There is no
> provision for us to change a 134 (skilled matching) to a 495 (SIR). There
> IS provision to change a 136 to a 495.
>
> The best I can do is accept that ******** advice could be construed as
> being misleading - of course the receipt date of the SIR application would
> be the lodgement date and having been told something so obvious I can see
> that you might have thought she was saying that we would make the SIR
> application lodgement date the date we received the 134 application. This
> we can't do so I am prepared to refund the SIR application fee as no doubt
> you would not have lodged it had you thought the lodgement date would
> have
> been the date we received the application (post his birthday).
>
> The skilled matching application remains current and his details have
> already been forwarded for adding to the skilled matching database. He is
> going have to actively seek nomination.
>
> Regards
>
>**********
So we are well and truly ****'d now. Who in their right minds is going to want to employ someone in the UK for something as simple as a leisure centre manager?
I am SO MAD with my agents as I feel they took us on under false pretences and gave us false hope. But they happily took £1800 of our savings (its all gone now) but the bastards stuck a clasue in our contract saying
''should it not be possible to lodge the application with DIMIA prior to 13/7/04 (haydns 30th) due to the short time frames that 1st contact have to work with'' they will noy honour the no visa, no fee claim.
Do you think I have a case to get my money back as technically they DID lodge the skill matching VISA application before July 13 and their clause is not specific to the actual SIR Visa?
______________________________
Have you ever been truly heartbroken and wanted something SO badly, only to be shot down? I refuse to accept that this is the end...there has to be some way? WE MISSED THE DEADLINE BY THIRTEEN DAYS.
DIMIA have finally graced us with a response to our appeal regarding our SIR Visa, and this is what they sent to my agent.........
Dear *****
>
> I am sorry that I have taken so long to get back to you on this particular
> case but Anna *******s email of 12 October says it all. There is no
> provision for us to change a 134 (skilled matching) to a 495 (SIR). There
> IS provision to change a 136 to a 495.
>
> The best I can do is accept that ******** advice could be construed as
> being misleading - of course the receipt date of the SIR application would
> be the lodgement date and having been told something so obvious I can see
> that you might have thought she was saying that we would make the SIR
> application lodgement date the date we received the 134 application. This
> we can't do so I am prepared to refund the SIR application fee as no doubt
> you would not have lodged it had you thought the lodgement date would
> have
> been the date we received the application (post his birthday).
>
> The skilled matching application remains current and his details have
> already been forwarded for adding to the skilled matching database. He is
> going have to actively seek nomination.
>
> Regards
>
>**********
So we are well and truly ****'d now.
Who in their right minds is going to want to employ someone in the UK for something as simple as a leisure centre manager?I am SO MAD with my agents as I feel they took us on under false pretences and gave us false hope. But they happily took £1800 of our savings (its all gone now) but the bastards stuck a clasue in our contract saying
''should it not be possible to lodge the application with DIMIA prior to 13/7/04 (haydns 30th) due to the short time frames that 1st contact have to work with'' they will noy honour the no visa, no fee claim.
Do you think I have a case to get my money back as technically they DID lodge the skill matching VISA application before July 13 and their clause is not specific to the actual SIR Visa?
______________________________
Have you ever been truly heartbroken and wanted something SO badly, only to be shot down? I refuse to accept that this is the end...there has to be some way? WE MISSED THE DEADLINE BY THIRTEEN DAYS.
Last edited by lucyb; Nov 17th 2004 at 9:33 pm.
Nov 17th 2004, 9:25 pm
#2
What's happening dudes?
Joined: Mar 2004
Location: Bayside Brisbane
Posts: 20,647
Re: The poo has hit the fan....................
Don't give up Lucy, keep fighting.
Nov 17th 2004, 9:27 pm
#3
BE Enthusiast
Joined: Jul 2004
Location: To the world you are one person...to one person you may be the world
Posts: 873
Re: The poo has hit the fan....................
I am so sorry. Sitting here and thinking I can't really help you out except sit here going "oh shit" out loud to my Mr Logan as he reads about your plight over my shoulder. Keep fighting as we know it's so worth while in the long run. Hopefully someon else will have some more constructive advice, but thinking of ya. Logan 
Nov 17th 2004, 9:27 pm
#4
BE Forum Addict
Joined: Aug 2004
Location: From Sidcup to Elanora...Sunny GC! 20/08/05
Posts: 2,075
Re: The poo has hit the fan....................
God Lucy, I`m very sorry
I dont know what else to say, feel for you loads.
Sorry Sue x
I dont know what else to say, feel for you loads.
Sorry Sue x
Nov 17th 2004, 10:03 pm
#5
Account Closed
Joined: Sep 2004
Location: Cairns, Qld.
Posts: 2,863
Re: The poo has hit the fan....................
Originally Posted by lucyb
Well, it looks like, for the time being we are stuck in blighty.
DIMIA have finally graced us with a response to our appeal regarding our SIR Visa, and this is what they sent to my agent.........
Dear *****
>
> I am sorry that I have taken so long to get back to you on this particular
> case but Anna *******s email of 12 October says it all. There is no
> provision for us to change a 134 (skilled matching) to a 495 (SIR). There
> IS provision to change a 136 to a 495.
>
> The best I can do is accept that ******** advice could be construed as
> being misleading - of course the receipt date of the SIR application would
> be the lodgement date and having been told something so obvious I can see
> that you might have thought she was saying that we would make the SIR
> application lodgement date the date we received the 134 application. This
> we can't do so I am prepared to refund the SIR application fee as no doubt
> you would not have lodged it had you thought the lodgement date would
> have
> been the date we received the application (post his birthday).
>
> The skilled matching application remains current and his details have
> already been forwarded for adding to the skilled matching database. He is
> going have to actively seek nomination.
>
> Regards
>
>**********
So we are well and truly ****'d now. Who in their right minds is going to want to employ someone in the UK for something as simple as a leisure centre manager?
I am SO MAD with my agents as I feel they took us on under false pretences and gave us false hope. But they happily took £1800 of our savings (its all gone now) but the bastards stuck a clasue in our contract saying
''should it not be possible to lodge the application with DIMIA prior to 13/7/04 (haydns 30th) due to the short time frames that 1st contact have to work with'' they will noy honour the no visa, no fee claim.
Do you think I have a case to get my money back as technically they DID lodge the skill matching VISA application before July 13 and their clause is not specific to the actual SIR Visa?
______________________________
Have you ever been truly heartbroken and wanted something SO badly, only to be shot down? I refuse to accept that this is the end...there has to be some way? WE MISSED THE DEADLINE BY THIRTEEN DAYS.
DIMIA have finally graced us with a response to our appeal regarding our SIR Visa, and this is what they sent to my agent.........
Dear *****
>
> I am sorry that I have taken so long to get back to you on this particular
> case but Anna *******s email of 12 October says it all. There is no
> provision for us to change a 134 (skilled matching) to a 495 (SIR). There
> IS provision to change a 136 to a 495.
>
> The best I can do is accept that ******** advice could be construed as
> being misleading - of course the receipt date of the SIR application would
> be the lodgement date and having been told something so obvious I can see
> that you might have thought she was saying that we would make the SIR
> application lodgement date the date we received the 134 application. This
> we can't do so I am prepared to refund the SIR application fee as no doubt
> you would not have lodged it had you thought the lodgement date would
> have
> been the date we received the application (post his birthday).
>
> The skilled matching application remains current and his details have
> already been forwarded for adding to the skilled matching database. He is
> going have to actively seek nomination.
>
> Regards
>
>**********
So we are well and truly ****'d now.
Who in their right minds is going to want to employ someone in the UK for something as simple as a leisure centre manager?I am SO MAD with my agents as I feel they took us on under false pretences and gave us false hope. But they happily took £1800 of our savings (its all gone now) but the bastards stuck a clasue in our contract saying
''should it not be possible to lodge the application with DIMIA prior to 13/7/04 (haydns 30th) due to the short time frames that 1st contact have to work with'' they will noy honour the no visa, no fee claim.
Do you think I have a case to get my money back as technically they DID lodge the skill matching VISA application before July 13 and their clause is not specific to the actual SIR Visa?
______________________________
Have you ever been truly heartbroken and wanted something SO badly, only to be shot down? I refuse to accept that this is the end...there has to be some way? WE MISSED THE DEADLINE BY THIRTEEN DAYS.
Money and crap agents aside, would you consider retraining in an in-demand area of work? I got shot down in flames last time I dared to suggest to anyone that Nursing was a good way to get to Aus, possibly because some folks assumed I was doing it purely for that reason, when in fact I love what I do (Mental Health Nurse), and getting into Aus is simply a positive spin off.
It would take you a few years to re-train and your skills may no longer be in demand by then, but with Nursing I think if anything those skills would be in even bigger demand.
Just an idea.....doesn't have to be Nursing, but it may be the best solution long term. Whatever you decide, I wish you the very best of luck.
Tony.
Nov 17th 2004, 10:09 pm
#6
Thread Starter
Joined: Jun 2004
Posts: 1,606
Re: The poo has hit the fan....................
Originally Posted by tonyk38
I'm so sorry for you Lucy, as it's back to the drawing board it would seem..
Money and crap agents aside, would you consider retraining in an in-demand area of work? I got shot down in flames last time I dared to suggest to anyone that Nursing was a good way to get to Aus, possibly because some folks assumed I was doing it purely for that reason, when in fact I love what I do (Mental Health Nurse), and getting into Aus is simply a positive spin off.
It would take you a few years to re-train and your skills may no longer be in demand by then, but with Nursing I think if anything those skills would be in even bigger demand.
Just an idea.....doesn't have to be Nursing, but it may be the best solution long term. Whatever you decide, I wish you the very best of luck.
Tony.
Money and crap agents aside, would you consider retraining in an in-demand area of work? I got shot down in flames last time I dared to suggest to anyone that Nursing was a good way to get to Aus, possibly because some folks assumed I was doing it purely for that reason, when in fact I love what I do (Mental Health Nurse), and getting into Aus is simply a positive spin off.
It would take you a few years to re-train and your skills may no longer be in demand by then, but with Nursing I think if anything those skills would be in even bigger demand.
Just an idea.....doesn't have to be Nursing, but it may be the best solution long term. Whatever you decide, I wish you the very best of luck.
Tony.
Nov 17th 2004, 10:12 pm
#7
Account Closed
Joined: Sep 2004
Location: Cairns, Qld.
Posts: 2,863
Re: The poo has hit the fan....................
Originally Posted by lucyb
I dont know really...definitely not nursing as Im terrified of needles!
How about IT? Hairdressing? Certain aspects of the building trade? Er.....accountancy? Er....
Nov 17th 2004, 10:13 pm
#8
What's happening dudes?
Joined: Mar 2004
Location: Bayside Brisbane
Posts: 20,647
Re: The poo has hit the fan....................
Originally Posted by lucyb
I dont know really...definitely not nursing as Im terrified of needles!
Nov 17th 2004, 10:23 pm
#9
Joined: Mar 2004
Location: pacific pines
Posts: 4,418
Re: The poo has hit the fan....................
Originally Posted by lucyb
Well, it looks like, for the time being we are stuck in blighty.
DIMIA have finally graced us with a response to our appeal regarding our SIR Visa, and this is what they sent to my agent.........
Dear *****
>
> I am sorry that I have taken so long to get back to you on this particular
> case but Anna *******s email of 12 October says it all. There is no
> provision for us to change a 134 (skilled matching) to a 495 (SIR). There
> IS provision to change a 136 to a 495.
>
> The best I can do is accept that ******** advice could be construed as
> being misleading - of course the receipt date of the SIR application would
> be the lodgement date and having been told something so obvious I can see
> that you might have thought she was saying that we would make the SIR
> application lodgement date the date we received the 134 application. This
> we can't do so I am prepared to refund the SIR application fee as no doubt
> you would not have lodged it had you thought the lodgement date would
> have
> been the date we received the application (post his birthday).
>
> The skilled matching application remains current and his details have
> already been forwarded for adding to the skilled matching database. He is
> going have to actively seek nomination.
>
> Regards
>
>**********
So we are well and truly ****'d now. Who in their right minds is going to want to employ someone in the UK for something as simple as a leisure centre manager?
I am SO MAD with my agents as I feel they took us on under false pretences and gave us false hope. But they happily took £1800 of our savings (its all gone now) but the bastards stuck a clasue in our contract saying
''should it not be possible to lodge the application with DIMIA prior to 13/7/04 (haydns 30th) due to the short time frames that 1st contact have to work with'' they will noy honour the no visa, no fee claim.
Do you think I have a case to get my money back as technically they DID lodge the skill matching VISA application before July 13 and their clause is not specific to the actual SIR Visa?
______________________________
Have you ever been truly heartbroken and wanted something SO badly, only to be shot down? I refuse to accept that this is the end...there has to be some way? WE MISSED THE DEADLINE BY THIRTEEN DAYS.
DIMIA have finally graced us with a response to our appeal regarding our SIR Visa, and this is what they sent to my agent.........
Dear *****
>
> I am sorry that I have taken so long to get back to you on this particular
> case but Anna *******s email of 12 October says it all. There is no
> provision for us to change a 134 (skilled matching) to a 495 (SIR). There
> IS provision to change a 136 to a 495.
>
> The best I can do is accept that ******** advice could be construed as
> being misleading - of course the receipt date of the SIR application would
> be the lodgement date and having been told something so obvious I can see
> that you might have thought she was saying that we would make the SIR
> application lodgement date the date we received the 134 application. This
> we can't do so I am prepared to refund the SIR application fee as no doubt
> you would not have lodged it had you thought the lodgement date would
> have
> been the date we received the application (post his birthday).
>
> The skilled matching application remains current and his details have
> already been forwarded for adding to the skilled matching database. He is
> going have to actively seek nomination.
>
> Regards
>
>**********
So we are well and truly ****'d now.
Who in their right minds is going to want to employ someone in the UK for something as simple as a leisure centre manager?I am SO MAD with my agents as I feel they took us on under false pretences and gave us false hope. But they happily took £1800 of our savings (its all gone now) but the bastards stuck a clasue in our contract saying
''should it not be possible to lodge the application with DIMIA prior to 13/7/04 (haydns 30th) due to the short time frames that 1st contact have to work with'' they will noy honour the no visa, no fee claim.
Do you think I have a case to get my money back as technically they DID lodge the skill matching VISA application before July 13 and their clause is not specific to the actual SIR Visa?
______________________________
Have you ever been truly heartbroken and wanted something SO badly, only to be shot down? I refuse to accept that this is the end...there has to be some way? WE MISSED THE DEADLINE BY THIRTEEN DAYS.
Regards
THE MADSADS.
Nov 17th 2004, 10:39 pm
#10
Retired
Joined: Apr 2004
Posts: 34,649
Re: The poo has hit the fan....................
Originally Posted by madsad
Lucy, keep at it there is always a way, you must be heartbroken at the moment but while it's the last thing you want to here just keep your dream alive.
Regards
THE MADSADS.
Regards
THE MADSADS.
Offshore applicants have no right of appeal on SIR. And if agent is not registered with MARA, there's no scope even to put in a complaint in that restriction (hint - only hire registered agents). Any complaint against the agent must be made under UK law unless the agent is MARA registered.
Lucy - as others have said, you best hope lies in some kind of retraining. This may or may not work out for migration purposes but would likely benefit you in the UK anyway. And if migration doesn't work out in the end then that's not good, but there are worse things that life can throw at you, a read of the daily papers should confirm that.
Jeremy
Last edited by JAJ; Nov 17th 2004 at 10:41 pm.
Nov 17th 2004, 10:41 pm
#11
Thread Starter
Joined: Jun 2004
Posts: 1,606
Re: The poo has hit the fan....................
Originally Posted by JAJ
Unfortunately there is not 'always' a way. Sometimes false hope is worse than no hope at all.
Offshore applicants have no right of appeal on SIR. And if agent is not registered with MARA, there's no scope even to put in a complaint in that restriction (hint - only hire registered agents). Any complaint against the agent must be made under UK law.
Lucy - as others have said, you best hope lies in some kind of retraining. This may or may not work out for migration purposes but would likely benefit you in the UK anyway. And if migration doesn't work out in the end then that's not good, but there are worse things that life can throw at you, a read of the daily papers should confirm that.
Jeremy
Offshore applicants have no right of appeal on SIR. And if agent is not registered with MARA, there's no scope even to put in a complaint in that restriction (hint - only hire registered agents). Any complaint against the agent must be made under UK law.
Lucy - as others have said, you best hope lies in some kind of retraining. This may or may not work out for migration purposes but would likely benefit you in the UK anyway. And if migration doesn't work out in the end then that's not good, but there are worse things that life can throw at you, a read of the daily papers should confirm that.
Jeremy
um thanks. I know you are right, but it's harsh reading in my current fragile state.
Nov 17th 2004, 11:24 pm
#12
part-time Visa Angel!
Joined: Oct 2003
Location: half marathon runner!
Posts: 4,458
Re: The poo has hit the fan....................
So sorry to hear your news Lucy, not what you or any of us on here wanted to read. I have no pearls of wisdom I'm afraid, but I really hope it works out for you and hubby.
Nov 17th 2004, 11:30 pm
#13
Account Closed
Joined: Sep 2004
Location: Cairns, Qld.
Posts: 2,863
Re: The poo has hit the fan....................
Sent you karma Lucy. Not quite as good as a visa, but just a wee gesture.....
Nov 18th 2004, 12:00 am
#14
Forum Regular
Joined: Jul 2004
Location: up north
Posts: 191
Re: The poo has hit the fan....................
Hi Lucy
Please don't give up hope. I know some people have said re train and it seems a lot of hassle but it is what I did.
I wanted to emigrate but I didn't have a skill ( I was a stay at home mum and a single parent to three children). I went to college for a year to do a Higher Access course and then I went to university to train to be a nurse. It's taken a long time but I have just been granted my visa so it has all been worth while.
Don't give up, keep on fighting for your dream and it will happen.
Best of luck.
Sue
Please don't give up hope. I know some people have said re train and it seems a lot of hassle but it is what I did.
I wanted to emigrate but I didn't have a skill ( I was a stay at home mum and a single parent to three children). I went to college for a year to do a Higher Access course and then I went to university to train to be a nurse. It's taken a long time but I have just been granted my visa so it has all been worth while.
Don't give up, keep on fighting for your dream and it will happen.
Best of luck.
Sue
Nov 18th 2004, 12:10 am
#15
58.38264% - Extreme Geek
Joined: Jan 2004
Location: The Place To Be
Posts: 2,270
Re: The poo has hit the fan....................
Originally Posted by lucyb
um thanks. I know you are right, but it's harsh reading in my current fragile state.
When we were applying, a change in the points system made it appear that we wouldn't qualify. We started to consider other countries, & got quite enthusiastic about Canada. The emigration requirements seemed to work more in our favor &, having to been to both Canada & Australia, I felt I could really live in either (btw, Canadian supermarkets are definitely better!).
You could carry on with pursuing Oz by retraining, as people here suggest, and look at other options as a 'Plan B'. I've had several friends move to places like Sweden, Holland & Switzerland and end up loving it. So think 'the world is your oyster' and maybe you'll find another solution.
Very best of luck anyway, & I hope you find somewhere nice to settle, wherever in the world it is.
Cheers,
Anya.