Alan Collett

Important changes effective today (the 8th of September 2004) for Skilled - Australian Sponsored visa applicants (subclass number 138), where the family sponsor lives in or close to Sydney. Our review and commentary is here:
http://www.gomatilda.com/news/article.cfm?articleid=322

Best regards.

Misty33

Thank you for pointing out this information. I am absolutely devastated about this - my husband and I have just sent off our visa sub class 138 application after months spent putting it together and spending a few hundred pounds in the process and my step brother who is sponsoring us lives in Sydney postcode 2067. We have looked at all other visa classes which are not suitable for us-our whole dream has just crashed.

JAJ

If your application reached DIMIA before the 8 Sept you will not be affected by the change. I suggest you try to get proof of delivery immediately - I hope you used a courier.

Otherwise it will be returned to you as invalid if your nominated occupation is not on the Sydney skill shortage list.

However - many immigration lawyers are of the view that the way that DIMIA has implemented this change (I won't go into technicalities) is not lawful and there's a chance it will be overturned by the courts.

Those who are affected by this change should consult an experienced immigration *lawyer* (you need a lawyer on this one, not just an agent) to discuss the options. One suggestion might simply be to lodge an application now as even if it's returned as invalid, should the change be struck down by the courts DIMIA may be obliged to accept it later on and consider it.

Not something to work out on an online forum - get an experienced lawyer on the case.

Jeremy

Alan Collett

As Jeremy has said these changes (to the extent they are valid) only affect 138 applications lodged on or after the 8th of September - I exchanged emails and spoke with DIMIA Central Office yesterday, and they confirmed this.

You may though have a problem if your application is received by the Department of Immigration on or after the 8th. One alternative might be a Skilled Independent Regional visa, if you are happy to move to a regional or low growth area of Australia ...??

Best regards.

Misty33

Hi Alan
Thanks for your help. I e-mailed the immigration office in Adelaide on 10th Sept to ask if our application was still valid or whether it would be rejected and, if it was going to be rejected, to confirm our visa card would not be credited and to organise return of the documents so we could apply under SIR. I have not had any response - but found out today that our credit card was debited for the full visa application charge on 10th September. Do you think this means that our visa is still going to be processed under sub class 138? What I am worried about is the money was taken automatically without reference to the subclass and that it is going to then be rejected as soon as this is known? Could you advise what the best way of contacting the Adelaide office is to find out what is happening?
Many thanks for your help.

JAJ

Misty - If they return your application as invalid you should really contact an experienced migration agent to discuss your options. It is possible that the gazette notice may be ruled unlawful by the courts.

There have also been indications that it may be ok to choose a 50 point occupation on SASSL - for which you should easily get a Vetassess assessment, assuming you have a degree, and then reapply for 138.

However these options are not 'do-it-yourself' ones - get an experienced professional on your case straight away (you don't have time to waste as the rules may be implemented differently in the New Year).

It's preferable to running the gauntlet of the SIR visa, although the idea can be kept as a fall-back for later.

Jeremy