ramsah

Hi Guys,

I am facing very hard time with my visa application (skill : .NET technologies Specialist (ASCO 2231-79)), i have applied for visa on 23 July 2009, got mail from case officer on 8 APr 2011:

For you application to be assessed the skills assessment provided needs to
be for an occupation listed on the current Skilled Occupation Lists (SOL).
The occupation on the skills assessment you provided with your application
(NET’ technologies Specialist) is not on the current SOL.

If you use the same documents provided at the time the original skills
assessment was sought, the ACS will give you the opportunity to obtain
another skills assessment. If you wish to obtain a skills assessment for
the occupation nominated on your application or an occupation listed on the
current SOL you will need to contact the ACS.

To continue with the assessment of your application you need to provide a
written explanation as to the current skills assessment on file not being
for your nominated occupation and a skills assessment for an occupation
list on the SOL.

I have replied to this email and asked him is it ok to get the new skill assessment for "Developer Programmer (ANZSCO Code: 261312)". On this he replied that:

The occupation you are seeking a new skills assessment for(Developer
Programmer – ANZSCO Code: 261312) is on the current SOL and the assessment
can continue once that skills assessment is received (providng the new
assessment is based on the same evidence provided for the original skills
assessment).

However, please note that the occupation is not on the MODL (Occupation in
Demand) so MODL points cannot be claimed.

On your application you have claimed the 15 MODL points. As my prelimnary
assessment is that you will not reach the 120 points required, I would
suggest you seek sponsorship (state or family) to have the application
assessed as a VE 176 which requires 100 points.

Please forward the skills assessment to me when you receive it and if you
obtain sponsorship send me the details and I will advise you of the
requirements for the sponsorship you have obtained.

This is really insane, after two years of waiting they are now saying that i am not eligible. They should process my application according to the old rules.

Please advice me what should i do, should i ask my case officer that why my application is not processed under old rules??

thanks

Dorothy

No, you should do what your case office asks. Do you want a visa or not?

diana_justin

dont you have to nominate an occupation on the sol at the time you apply? so would you application be assessed according to the sol in effect at the time you apply or later SOLs?

what is with the guy who is having a hard time with his 175 app?

ramsah

yes when i have applied my occupation was on SOL and MODL but now my occupation (.net technologies specialist) is not on SOL schedule 3.

vxm665

Look at carefully on the statements made when the current changes were made. As far as I can remember, I have seen somewhere that the recent changes are applied for the applications made after the changes come into effect legally.

You can ask your CO with a proper reference if you could find in their website. As you have applied when MODL was in effect, you are eligible to claim the points as I suppose.

It is not like you have to follow whatever your CO ask you to do. You have the rights to defend if you have proper evidence. Everyone including you and your CO have the rules to bound.

diana_justin

but that is not one of the requirement of gsm.

when you make an application and your occupation is on the current SOL, your application is considered lodged and locked in place.

the sol changes every year and no one can guarantee if you occupation will be on it or not. we are assessed at the time we apply.I dont understand why the case officer is wanting this.

It clearly says
Points awarded

You will only be awarded points for your nominated occupation if you meet the following:

* the occupation you nominate is on the SOL current at the time you make your application
* the relevant Australian assessing authority for your nominated skilled occupation determines that your skills are suitable for that occupation.

ramsah

thanks a lot vxm665 and diana_justin, i am going to browse their website thoroughly and will try to find out the things which i can reference in my reply. I was afraid that if i question anything on my application my CO may feel offended.

but really thanks a lot guys your replies gave me hope :-)

manumani

Complications like this makes my stomach churn. It ain't over till the fat lady sings (and sends the visa confirmation)

Good Luck

diana_justin

senior members please comment.god bless us all.

Dorothy

About what? The OP has already been told by his case officer what he needs to do. What comment do you want?

And why would God (with a capital G) bless us all? I think the OP is Muslim, so it would be Allah.

diana_justin

but is it not lodged at the time of applying?your occupation on sol ?

you seem so harsh in your answers. why target muslims unnecessarily?

ramsah

Thanks guys i have found a link on their website (http://www.immi.gov.au/skilled/gener...gsmchanges.pdf)

IN this it is clearly mentioned that MODL and SOL changes will not apply to pending GSM Visa applications, they will be processed according to the old rules. Now i can quote the same in my reply to CO.

Dorothy

Your application is lodged at the time of applying, yes. If however the OP does not meet the criteria at the time his application is assessed then the case officer will ask him/her to take steps to meet the criteria.

I seem harsh in my answers because the question has been answered and yet people are arguing with the answer. And nobody is "targetting" anyone. You put in your post "god bless us all" and I pointed out that the OP is likely from a Muslim country so it would be Allah who would bless him. And quite frankly I don't see the need for religion of any kind.

diana_justin

then how can one say an application is lodged? the very definition of lodged means it is locked in place. for example your age, which is at the time of application. definitely your age would progress..

Anyway it does not say anywhere on the website that applicant has to meet the criteria at the time it is being assessed. Only at the time of making the application.

http://www.immi.gov.au/skilled/sol/

http://www.immi.gov.au/skilled/gener...occupation.htm

slimneo

HI Dorothy,
As a senior member in this forum, we are expecting more mature answers from you. Wrong answers can mislead people.

Please don't get offended.

Thanks
Neo