thedrys

As of 8th Sept.2004 there has been a new skill matching list if your sponsor lives in Sydney. Checked it today and my husband's occupation worth 60 points (Quantity Surveyor) is no longer on there so now worth nothing. We have no other relatives in Oz and his job does not seem to be in demand in any of the regional areas either. I am so upset as I have been a qualified nurse for 19 yrs but have worked part time(less than 20hrs/week) for the last 12 yrs, so am not eligible as the primary applicant. My kids are 12 and14, so if we wait for me to start working 20hrs over the next 3 yrs, I'll be 44 and in fear of messing up their education big time. If anyone has ANY ideas please advise. Sorry to be so bleak but I was 100% behind all our plans and now feel extremely sad.

JAJ

Simple advice - hire experienced professional immediately. Many legally qualified agents belive that the way DIMIA have implemented this list for Sydney is unlawful and hence it might be struck down by the Federal Court.

You don't have much time to waste as within a few months DIMIA may pass regulations to implement this Sydney list properly.

A *good* agent can also work out other options for you. For example, as you are a nurse you could get state sponsorship from Victoria, Tasmania or South Australia, and then apply for the Skill Matching visa. You'd only need to increase your work hours to 20+ per week for 6 months to be able to qualify for this visa. There is an age bar of 45 for Skill Matching, but if you act quickly you will probably be ok.

Another option may be employer nomination - many nurses get sponsored for PR by Australian hospitals. This might also be an option for you, because the rules for employer nomination are completely different.

Online forums are not the places to get reliable advice on *complex* cases like yours has now become (and the ramifications of whether the Sydney skill list is legal or not fall into this category). Ask on the forum about recommendations for an agent to hire.

Jeremy

GillettFamily

Sorry to hear that. JAJ has given some good advice there and I would give it serious consideration if you really want in.

SIR visa may be an option too. Are you prepared to live anywhere else but Sydney for two/three years on a temporary visa allowing you to work then apply for PR after this from inside Oz?

What you decide to do if I were you I would act NOW!
Good luck! Don't give up yet!

JAJ

The SIR visa may be an option but only as a last resort.

Another option is to check the SA/Vic/Tas skill shortage lists to see if Quantity Surveyor is on there - if it is you may be able to try for a state nomination straight away based on husband's skills. The state sponsored STNI or Skill Matching visa is better than SIR because it gives permanent residence straight away.

For someone not experienced in visa rules, trying to make sense of all these different options is likely to lead to complete confusion. Far better to hire a professional who deals with questions and issues like this day in day out.

Jeremy

GillettFamily

There you go 'thedrys'! I would follow what Jeremy has advised if I were you. Heed the moderators and take all that us 'members' say with a pinch of salt.
It's complicated. Get help!!

thedrys

Thanks as always Jeremy. We already have a migration agent in Oz, so hoping they can help us big time. Waitng for their responses to our questions as it is the weekend still. Will look very carefully at all the other states for QS jobs on their lists. We can get 110 pts with his job on the general skilled list, but I don't think this is any good is it unless the job appears on the skills in demand list for regional visas. We are happy to live anywhere really, we just want to get there asap and start a new life.
This new ruling is so unjust. Why don't they just stop new migrants settling in Sydney if that's the real problem. My whole world came crashing down yesterday, so thankyou so much for your advice. I'm not done yet!!!!!

thedrys

Thanks so much for your support Gillettfamily. It really is such a stupid new ruling. Love the quote at the bottom of your posts. My feelings exactly now I've slept and I'll be doing all I can to get us in. We're 2 well qualified people with so much to offer to the Oz economy and that's what they want surely, but they seem to have shot themselves in the foot with this super new Sydney Skill matching. Anyone out there need a brilliant Quantity Surveyor?!!!!!

GillettFamily

Thanks guys.
The quote is actually a misquote from Theodore Roosevelt from nearly 100 years ago...but it gets the message across... the actual quote was...

...Far better is it to dare mighty things, to win glorius triumphs, even though checkered by failure... than to rank with those poor spirits who neither enjoy nor suffer much, because they live in a gray twilight that knows not victory nor defeat.Theodore Roosevelt

When Franklin D Roosevelt later came to power he went on to say...

...When you get to the end of your rope, tie a knot and hang on. Franklin D Roosevelt

...it feels that way sometimes!!

Good luck!

thedrys

Feeling pretty low!! Have looked at all the regional skills lists and only North Queensland has surveyors on it!!! Really NOT an area we would consider I'm afraid - just TOO hot. So looks like the SIR is not an option at present.

Looking into the Employer Nomination Schemes now as we have friends out there who work in similar occupations. Has anyone out there been down this route, as a nurse, a Quatity Surveyor/Estimator or anything else? Is it a good route to take? Advice anyone?!!

JAJ

With respect it's time to take a deep breath and be focused. Not panic (as you appear to be doing).

Firstly, South Australia will sponsor all SOL occupations for SIR. That's the ultimate fall-back - but you want to exhaust all the other options before you think about SIR.

But as you're a nurse, why don't you just increase your hours to 20 per week for 6 months and go for the Skill Matching visa? Vic or SA will generally sponsor nurses for this, and as it's a PR visa, it's miles better than SIR. You should also start on getting an ANCI skill assessment, which you'll need.

If I were you I'd increase work hours now so as to start clocking up the necessary 6 months. At the same time I'd kick off the process of ANCI and getting a state nomination from SA, Vic or TAS.

It's a good route to take if you can find a job. Avoid employers who only want to sponsor for temp visas, these have a range of disadvantages and risks. Many nurses do get PR through employer nomination. You'd need to be registered in a state/territory but I believe this is not much of a problem.

And do talk to your agent further about whether you have scope to challenge the SASSL in court. Your agent should be prepared to refer you onwards to a specialist immigration lawyer if necessary. If you want to pursue this option, do so in parallel with the others.

If you want to go to *Sydney* your options are (court action aside):
- work (20+ hours per week) for 12 months then you can likely meet the points test for 138 (or even 136 with MODL) yourself; or
- get a Sydney employer to sponsor you for employer nomination

Jeremy

thedrys

Jeremy, you are the most helpful and considerate person whenever someone is in a crisis. Thankyou!!
I'm a very calm, patient person by nature but all this has my head spinning. Our Migration agents rolled out standard answers(via e-mail) to our questions, but at least you appear to have some compassion and true understanding of what we're going through at the moment, which I really appreciate.
Waiting for my husband's sister to get back to us on employer nomination possibilities as she has friends who work in both our professions, but alternatively the 20 hours/week option sounds good.
As for the SIR I think I must have understood it incorrectly as I was sure your occupation had to be on their Skills in Demand list and Quantity Surveyor was not on there. With all the reading I've done over the last 2 days I think my brain needed a good rest!!!!!!!
I just need to get things back into perspective again. I won't give in without a fight!!!

PINOYAU

Have you considered trying to obtain registration as a nurse with, for example, the New South Wales Nurses Registration Board? It costs you nothing to apply and only a few dollars to register. You have nothing to lose by doing this, but you should seek professional advice about your subsequent visa options before you proceed further.

soapy©

yeh this is a great idea !!!!
start the ball rolling. u never know when u might need it and its less to worry about later on down the track.
good thinking PINOYAU

soapy

JAJ

I think you are confused between South Australia's criteria for STNI/Skill Matching sponsorship versus SIR.

For STNI/Skill Matching you *do* need a skill on their shortage list. For SIR you don't, other than to be in a position to get 110 points. That's South Australia's policy. Some other states like Queensland may be different and have occupation criteria for SIR sponsorship.

Although given QLD's lack of any track record in sponsoring individual migrants, many agents are not recommending going to that state on a SIR visa as there's no clarity about whether they will sponsor again for PR a couple of years down the line.

But avoid SIR unless you have no other options as it doesn't give permanent residence at the start. At this stage, Skill Matching and Employer Nomination have more prospects. And as a nurse, *your* skills are likely to be more useful than your husbands, in terms of finding sponsorship from either an employer or a state government.

Although you may be feeling pretty low, you're still luckier than most in that as a nurse you do have options available to you:

- look for an employer to sponsor you; and
- increase your hours to 20 per week; and
- apply to ANCI for skill assessment; and
- if you're flexible about where in Australia you live then choose whichever of SA, Vic and Tas that appeals to you most and apply for a state nomination. Once you have 6 months working 20 hours per week and an ANCI skill assessment, and a state nomination, an application for the Skill Matching PR visa will be open to you.

All the information on the Skill Matching visa is in the Skilled Migration Booklet. And Employer Nomination is explained in another booklet (number 5).

Talk through all these options in detail with your agent. Don't expect to absorb all the information straight away - go back over it again and again, and give yourself a rest in between.

Jeremy

thedrys

Thanks all you guys. Feeling much more focused and positive again now thanks to all your help. Thanks for clarifying the SIR and STNI, JAJ. Need to discuss all the various options with hubby now. Will let you know how we get on in future posts.