Aussie Dreamin'

Hi all

I was on the forum the other day saying that we applied Skilled Indy 136 last Oct, got an acknowledgement in Dec and that I was wondering would be hearing anything soon.
Well we did!! This morning, in fact. There was a letter from DIMIA this morning. My partner rang me in work to tell me. Basically it states that 'We have not yet met the pass mark for Skilled Independent etc' and that we have until 3rd Sept to get bonus points by Capital Investment or Australian Work experience.
We are absolutely shocked. When we applied in Oct 03, the pass mark was 115 points, we had 120!! We checked and double checked before we applied and we met all the criteria. My boyfriend is an electrician, he has plenty of years experience in his trade, we are both 27 years of age, have been living together these past 3 years, own a house together, we are both Irish, so language isn't an issue, his skill is on the MODL. I mean, nothing went against us.
I know the pass mark was raised in Apr 04 to 120, but even though that wouldn't have affected us as we'd applied 6 odd months prior to the change, we still meet the pass mark.
So obviously, we are very distressed and at a loss as to why they say we don't yet meet the pass mark. I will read the letter myself properly when I get home this evening, but would just like some kind words of comfort and advice from anyone out. Something to make me not give up hope............ I feel like crying!!

Here's hoping.....

stephenwhite68

Im sure that is not right ?
wait till you go home and read it for yourself and if that is still the case get in touch with someone !!
after all even DIMIA are human and make mistakes ....


good luck !

Aussie Dreamin'

Ah thanks for that Stephen. Feel a bit better now. Just got a shock ye know. Since we applied I've been going over things in my head, trying to think if there would be any reason we wouldn't be successful and the only thing was the fact that we're not married!!!
I've just also had a look on the General Skilled Booklet, and checked the points test and we have 120, so I'm hoping, as you say, that they've made a mistake. I'll have all my facts etc together and email the girl who's address is on the letter on Monday.
I tell ya, all this stress has not done anything to help cure my hangover!!

Cheers

diddy

Seems a bit strange.

One thought though. Have you worked as a Sparky for 12 months in previous 18?

Can't think of any other reasons. Call them and get the specifics on Monday.

Aussie Dreamin'

Yep, boyfriend is fully qualified since May 01, and has been working as a sparks for years so that can't be it.
I will email them Monday and hope that they reply pronto.

JAJ

It sounds to me like you may have been over-optimistic with your self-assessment of points.

MODL - Electricians are not on MODL.
http://www.immi.gov.au/migration/skilled/modl.htm

Work experience points - What's the 'deeming date' on his TRA skill assessment?

The letter from DIMIA will give you the specifics of what points you were awarded. You may want to share it here before asking DIMIA ....

Jeremy

Aussie Dreamin'

Apoogies there, Jeremy, I meant to say his skill is on the Skilled Occupations list, am aware that its not on the occupation in demand list.
Anyway, his deeming date is 18th May 2001
Will bring letter in to office on Monday and let you guys know its content and what was said etc. Maybe they some of you could advise me on how best to word my email so that they might feel sorry for us and forget about the letter they sent, ha ha.

JAJ

DIMIA will not generally count any experience prior to a TRA deeming date.

So if you applied in October 2003 with a May 2001 deeming date - there are no points for work experience.

Without work experience points, you may find you don't get beyond 110, which is short of the 115 pass mark.

Can you make the capital investment? If not, then STNI is likely to be your best bet. Look to see if his skill is on the Victoria, South Australia or Tasmania skill shortage lists:
http://www.liveinvictoria.vic.gov.au
http://www.immigration.sa.gov.au

If you're desperate for the Tasmania site then I'm sure someone will give it to you.

You'll hear a lot about the SIR visa - my suggestion is to see if it's possible to get STNI in preference, as that gives PR from the start while SIR does not. You do need to be prepared to live in the sponsoring state for 2 years with STNI.

And if you're confused about the different options - hire an agent.

Jeremy

Aussie Dreamin'

Jeremy,
If we go for the SIR or the STNI visa, would that mean we have to apply all over again and also pay the fee again.
Capital Investment is not an option.
Also, we were set to go through an agent before, and she was very confident that we would be successful, that we met all the criteria.
Work experience required is 12 out of the 18 months prior to applying. We applied Oct 03 so deeming date is 28 months prior to that. So in fact I believe we do meet the pass mark.
What u think??

JAJ

STNI will not require a new application if a state nominates you within 2 years of being pooled.

SIR would mean a new application, but if DIMIA invite you to apply, you will likely be able to pay a lower application fee (AUD170 or something like that).

With 28 months after deeming date, you meet the basic requirement of 12 months in the last 18 months.

However you do *not* have enough work experience for points - you need 3 years (36 months) in the 4 years before application and 28 months simply isn't enough.

The TRA deeming date confuses *lots* of people - you are not the first and will not be the last people to find themselves with fewer points than anticipated as a result of this.

If your partner can find an Australian employer keen to hire him, then employer nomination (ENS or RSMS) may be a possibility. Download booklet 5 from the DIMIA site for information on the rules.

Jeremy

Aussie Dreamin'

Thanks for all that info Jeremy. I'll let you know if I hear back from Dimia after I email them Monday.

jac16

How far down the road had you gone - had they requested medicals & police checks?

As another couple of months has gone by can you send in a new application with the extra experiance?

George Lombard

Hi AD,

There might be one other option not mentioned by Jeremy. The TRA deeming date is certainly the culprit but you might be able to make an argument that it should be disregarded. I would be happy to look at your partner's cv and tell you what's possible.

Cheers,

George Lombard

www.austimmigration.com.au

Mary L

Hi AD,

Last option is, you can re-apply before yr existing TRA assessment expires. Because now you should hv more than 36 mths work exp. But it also means that you've to pay another AUD$17xx & wait a few more mths for the visa. I know it is not a welcome option but it was what I did last year 'cos I couldn't find any STNI and there's no SIR at that time and I also didn't specify Capital Investment as an option and so ASPC wouldn't accept it afterwards. Of course if George can assist, his option is always the best option. Good luck.

Alan Collett

Unless I've missed something you haven't mentioned where in Australia you want to live. If you are OK with a move to SA or TAS for a couple of years I would consider an application for a State Nomination (the only other State participating in the State Nomination program is VIC, and their list shows Electricians being required in country Victoria with a job offer).

A State Nomination would allow your application to be looked at as a Skilled - State Territory Nominated Independent visa, which has a points requirement of 70 (ie the Skilled Independent pool mark). It is also the least hassle option for you and should give rise to visa grant reasonably quickly (assuming everything else is OK with your application of course ...).

If you want to talk this through with anyone please feel able to call my colleague Helen O'Hare on UK number 023 80 488777.

Good luck!