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IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Old Oct 9th 2015, 9:05 am
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by Dorothy View Post
How do you figure? I'm 52 and in the middle of further study. I will be 53, nearly 54 when I graduate and embark on my new career. 40 is still early to mid career if you consider that most people in Australia will be working until they're 70 or older.
Yeah, but if you're retraining for a skilled occupation starting at 40 means you will finish at 44 (say), and if you need to have work experience to be considered skilled that may push you over 45. No age points and no work experience points = no chance of skilled migration
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Old Nov 12th 2015, 10:04 am
  #17  
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Hi People
Just a quick update with regards refunds for those of us who have well and truly given up. I wrote to border.gov.au and received this reply regarding 7 plus years and not having documention.
' Dear Lucie The Department recognises that due to the length of time which has passed since this application was made you may no longer have access to the credit card/bank statement which was used to pay the VAC. In this case you may provide a Statutory Declaration stating the method of payment and the reason you are unable to provide evidence of the payment. Please note that the Department will make every attempt to verify payment claims, however if unable to do so the VAC cannot be repaid.'May I add that if they are unable to 'verify payment claim' (I have a receipt! but understand this isnt evidence???) I will go for em no matter the cost.
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Old Jan 24th 2016, 2:29 pm
  #18  
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Default 176 cap and cease - class action and changing visa class

I have only just discovered the sticky on the cap and cease for 176 applicants. We paid $2,100 for our 176 visa application in 2009.

Since making the application in my name my wife has graduated as a teacher. Does anyone know if there's a way to put the application in her name or do we have to start all over again from scratch?

If the latter, how do we get a refund on the original?

And what about this class action? Is it too late to join?

Any advice appreciated.
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Old Jan 24th 2016, 2:38 pm
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

I've merged your post with the original thread, which was a sticky thread for a while.

As I understand it, if your application has been cap and ceased, then you will have to start again, but it might be worth getting a consultation with a registered agent. If you look at Post 8 above from Alan Collett he comments on how to apply for a refund.

Good luck.
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Old Jan 24th 2016, 2:42 pm
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Thank you Pollyana. Will do that.
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Old Jan 26th 2016, 1:50 am
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Default Re: 176 cap and cease - class action and changing visa class

Originally Posted by Aitchy View Post
I have only just discovered the sticky on the cap and cease for 176 applicants. We paid $2,100 for our 176 visa application in 2009.

Since making the application in my name my wife has graduated as a teacher. Does anyone know if there's a way to put the application in her name or do we have to start all over again from scratch?

If the latter, how do we get a refund on the original?

And what about this class action? Is it too late to join?

Any advice appreciated.
You will need to reapply. Your original application doesn't exist anymore as far as DIBP are concerned. You should have the details of how to apply for a refund in the cap & cease letter. It's taking about 16 weeks for refunds to be processed according to DIBP.

I'm not sure about the class action, sorry.

I do feel for you - we're in the same boat. Our application for a 475 was capped & ceased. It's a horrible feeling, and so disappointing after almost 7 years of waiting.

I wish you all the best in applying for a new visa, if you choose to do so.
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Old Feb 9th 2016, 9:41 am
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Thanks for the advice. Looks like we will have to reapply in my wife's name. What a monumental waste of time, effort and money. In retrospect I'm beginning to think we should have gone with a trusted agent rather going down the DIY route. Perhaps they'd have seen this coming and advised us accordingly. Anyway, onwards and upwards.
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Old Feb 9th 2016, 9:44 am
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by Aitchy View Post
Thanks for the advice. Looks like we will have to reapply in my wife's name. What a monumental waste of time, effort and money. In retrospect I'm beginning to think we should have gone with a trusted agent rather going down the DIY route. Perhaps they'd have seen this coming and advised us accordingly. Anyway, onwards and upwards.
No problem. Truth be told, I don't think anyone could have foreseen this.

Still, I wish you and your wife all the best in your new application. Let us know how you get on.
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Old Feb 9th 2016, 10:30 am
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by Aitchy View Post
Thanks for the advice. Looks like we will have to reapply in my wife's name. What a monumental waste of time, effort and money. In retrospect I'm beginning to think we should have gone with a trusted agent rather going down the DIY route. Perhaps they'd have seen this coming and advised us accordingly. Anyway, onwards and upwards.
I don't think the agents really expected it anymore than anyone else - many people who used agents have been caught up in it too, and a lot of good agents give free advice on forums, one of them mentioned it as being a possible issue
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Old Mar 8th 2016, 3:54 pm
  #25  
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by lucierainbow View Post
Hi People
Just a quick update with regards refunds for those of us who have well and truly given up. I wrote to border.gov.au and received this reply regarding 7 plus years and not having documention.
' Dear Lucie The Department recognises that due to the length of time which has passed since this application was made you may no longer have access to the credit card/bank statement which was used to pay the VAC. In this case you may provide a Statutory Declaration stating the method of payment and the reason you are unable to provide evidence of the payment. Please note that the Department will make every attempt to verify payment claims, however if unable to do so the VAC cannot be repaid.'May I add that if they are unable to 'verify payment claim' (I have a receipt! but understand this isnt evidence???) I will go for em no matter the cost.
It's been a long time since I was involved in preparing all these documents so apologies for the inane post but when it asks for a "statutory declaration" for the bank payment refund which template do I use and do I need to get it signed by a Justice of the Peace?

Info here but I've no idea if it's a Commonwealth matter or what?

https://www.ag.gov.au/Publications/P...larations.aspx
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Old Mar 8th 2016, 4:17 pm
  #26  
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by Aitchy View Post
It's been a long time since I was involved in preparing all these documents so apologies for the inane post but when it asks for a "statutory declaration" for the bank payment refund which template do I use and do I need to get it signed by a Justice of the Peace?

Info here but I've no idea if it's a Commonwealth matter or what?

https://www.ag.gov.au/Publications/P...larations.aspx
It needs to be stamped by a notary (solicitor) or JP. If you are in the UK still then the notary (or JP) would expect you to b using the UK format not the Australian one. You should find a template easily enough with Google, I have found format very easily but don't know how to paste links on mobile.
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Old Mar 8th 2016, 4:27 pm
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by Bermudashorts View Post
It needs to be stamped by a notary (solicitor) or JP. If you are in the UK still then the notary (or JP) would expect you to b using the UK format not the Australian one. You should find a template easily enough with Google, I have found format very easily but don't know how to paste links on mobile.
Ah. Thank you. Have found some UK templates. Now need to find a friendly lawyer.
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Old Mar 8th 2016, 4:56 pm
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Originally Posted by Aitchy View Post
Ah. Thank you. Have found some UK templates. Now need to find a friendly lawyer.
The lawyer doesn't strictly need to be friendly.
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Old Jul 8th 2016, 11:26 pm
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Hi, have you received a refund yet? We submitted our refund claim in January and are still waiting.

Originally Posted by lucierainbow View Post
Hi people. I received my Cap and Cease email last week. Im so sorry for everyone that has been left in the lurch (including myself) We'd have been waiting 7 years. I wish you all massive luck! I am in a position where my life had changed so much that I was waiting for the day to get my money back. My parents had waited so long for us that they actually gave up Oz and came back to the UK and I now have another child and friends and a HOME and feel settled!!!! 7 years ago (maybe even 3 years ago I didn't have those things) Our treatment has been appauling. I therefore with some reluctance ask this question. The criteria for a refund are very strict. Laughably a bank statement and a copy of the credit card you paid with......well need I say i have neither. I have my lovely official receipt and im not 100% sure why they'd ask for something that most people will not have 7 years later "if your application was lodged over the internet, a bank statement clearly listing the name on the account, the card number and the payment must be provided, along with a photocopy of the credit card used."Can't help feeling VERY like the dept is trying to put massive hurdles in the way to prevent a refund. Anyway I will write to them and see what more they accept. They will NOT be keeping my money a moment longer than I can allow!!!Anyone any thoughts/ideas?
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Old Dec 1st 2016, 5:46 pm
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Default Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475

Hi Chrissy990 Nope. Still no refund. 54 weeks. Just emailed. I get a bland, unhelpful reply every time. Apparently my refund was sent to finance in Nov 2015.....and its still there.
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