cat5

Hi All

I thought i might share our experiances with you regarding our application to the DIMIA.

I was classified by the TRA back in March 2001, and was given a 'Deeming Date' of Dec 2000, we applied for a 136 visa in May 2001, we did not fully understand the term 'Deeming Date ' and applied too soon , ie only 5 months.

Consequentely, after waiting for over18 months we finally got a reply from Adelaide (13 Dec 2002) and was refused!!

The letter stated "Threshold requirement not met" followed up with"There is no right of review in respect of a class BN Skilled Independant(migrant)Visa, we should of, infact have waited a full 12 months from the 'Deeming Date' before appyling.

I found it hard to take as i was in the same skilled job for 9 years before that given that date!

Since then, as you well know the points have gone up, so we can no longer apply for the 136, and instead are taking the 137 route.

Does anyone know if my TRA classification is still valid? ,as we are allmost ready to send the main application off again, and really dont want to be refused again.

Any replies greatfully received

Cat5

traceyandian

I may be wrong but I thought the TRA assessment was on;y valid for a year...

Can someone alse clarify???

Nicstids

No - it's valid indefinitely. (Ours is over a year old and we have only recently submitted our application using an agent.)

cat5

I was very relieved to hear your reply, after reading traceyandian's they had me worried!!

I dont want to go through the assessment again as i'm nearly 45, and there may not be enough time!

Cheers

cat5

George Lombard

Hi Cat5,

The TRA assessments are like cockroaches, they're so durable we have even had a discussion here about whether they remain valid after death :-) Not sure whether they'll survive a nuclear holocaust.

That being said, one option which would have been available to you would have been to go back to TRA for an earlier deeming date, either through appeal or a new application, however once the decision had been made that would have been impossible.

If you sent the original to ASPC with the first application you probably should request another from TRA as ASPC finds it difficult to retrieve archived files to extract relevant documentation, such as skills assessments, from them.

Cheers,

George Lombard

www.austimmigration.com.au

cat5

Thanks for the relpy George

You have really completely put our minds at rest over this one, there was always a doubt, if you know what i mean.

We did think about making an appeal at the time to the TRA, but when the points went up to 115----- it blew us out of the water!

We would have had to make a fresh application, as you said "once a decision has been made you cannot change it".

And fortunately i still have the original classification letter, so thats one less problem!

Thanks Again

cat5

eintracht

We are just setting out on the long road to applying for a permenant visa and dont want to appear thick, but what exactly is a Deeming Date ????

Thanks

Chris

Alan Collett

Info here Chris:
http://www.gomatilda.com/visas/faqs.cfm#09

Best regards.