Wozza

Hi to anyone reading this.

I am getting so hacked off with this whole affair. So far my ACS application got 'lost' and when found was accepted 6 months later, Application under Independant Skills was received on 1st March 2004 and still i have heard nothing. now with this change of whatever on 1st July, my agent tells me i should RE-APPLY AGAIN. It has already taken FIFTEEN MONTHS to get this far and now she says I should re-apply under this SIR scheme, but she won't even tell me what it is. All she says is that you require 110 points and I have 115. The problem I have is I turn 40 in April and running out of time. Can someone tell me what this SIR sheme is and what difference July 1st made?

Thanks so much.

Frustrated - Wozza.

Lucyemma5

Wozza

Seems like your agent isn't up to much. Seems like she is trying to get more money out of you rather than trying to resolve the situation.

The SIR (Provisional) visa will allow the holder to stay in Australia for 3 years. At the end of this time the visa holder may be eligible to apply for permanent residence.

If the visa holder is not eligible to apply for permanent residence, they may be eligible for a second SIR (Provisional) visa.

Applicants for the SIR (Provisional) visa will be required to sign an undertaking that they, and the members of their family unit, will not live, work, or study outside regional Australia or a low population metropolitan centre for the duration of their SIR (Provisional) visa.

A condition requiring SIR visa holders to honour these undertakings will be attached to the visa.

The SIR (Provisional) visa allows the holder to work or study in regional Australia. The main SIR visa holder is expected to seek full-time employment so they can meet the 12 month work requirement for permanent residence. Dependents of the main SIR visa holder may work or study.

Have you tried the STNI - low populated regions like Victoria will lower the points but there are certain restrictions and for how long (2 years I think).

My advice (for what it is worth) is to sort your agent out, you cn threaten to complain about her, that may get things moving. Have you paid her fees yet?

Lucy

sk686

Wozza,

Is your Migration Agent registered?

If not, you shouldn't have used her.

If she is, she should explain the SIR visa program to you, if she thinks you should apply in that program.

You can lodge a complaint against a Registered Migration Agent here:

http://www.themara.com.au/Online/Def...&ArticleID=202

You can get all the information you need on SIR here:

http://www.iscah.com/SIRmain.html

Specially check the "Further Info" links.

Steven O’Neil has done a fabulous job here!

Regards.

sk686

Some corrections to Lucy's post above.

You need to stay for 2 years, not 3 years, in any regional area, before being eligible to apply for permanent residence under SIR.

If you are unable to secure employment/permanent residence by the 2 years, then the SIR visa can be extended for another year.

By the end of the 3rd year, if you are unable to secure permanent residence, you'll have to go back to your country of origin.

Also either spouse can meet the 12 months work experience requirement, not just the principal applicant.

Regards.

Lucyemma5

Have the rules changed? because I got that infor on the immigration website.

Wozza

Thanks for your replies. They have help definitely.

The agent is registered and has glowing references and got through a couple of friends of mine hence why I used her. She even used to be an Australian Immigration Officer! She's not trying to get more money as she said there will be no further charges to apply this way.
A couple of questions (if you don't mind!).
What is the definition of Permanent employment? I ask as I am in a position where I have vast equity in my property that I will use to buy a house out right when (if) I get to Oz. I was then tempted to just get a part time job and enjoy a kind of semi retirement. Would this count as permanent employment?
Second. Will I be restricted to any particular areas of Australia for this two/three year period?
Third. If I obtain employment immediately and stay employed for a period of 12 months, could I then apply for Permanent Residency or would I still have to wait for the two year period to end? Also, as my partner is my De Facto partner, would her working for the 12 months also be included?

With regard to complaining about the agent, I don't want to do that as she may then lose any interest in working on my case and as I said, time is against me as I turn 40 in April and will lose another 4 points!

Many thanks for your help with this by the way - I'm at my wits end with the whole thing. It's nice to know I can get information from here.

Regards,

Wozz.

Lucyemma5

Wozz

I understand that time is against you, however you are paying for a service just like anything else, she has to conform to a code of conduct. Out of interest, how are your points made up, will you be doing the A$100k bond that gives you another 5 points.

Have a chat with your agent about all your options including SIR and STNI.

Lucy

snappy

Can I ask if you have already sent in your visa application as a skilled independant I was under the impression that any applications received before April were allowed to keep the old points at 115 as before the changes came into place. Or was it before the 1st March?

Sasha

Wozza

Sasha.

I was told that the papers were received in Oz on 01-03-04. Since then I have heard nothing. I emailed my Agent asking if she had heard anything and she said if we had not heard anything by now, then it most likely isn't being processed yet and should therefore re-apply under this SIR scheme. So I do not know what is going on or anything about dates and apps prior to certain dates. There never seems to be any real solid clear rules regarding migrating to Oz. I don't know what to do...

Woz.

JAJ

You should have received an acknowledgement from DIMIA.

If you *applied* before 14th April, the pass mark for regular skilled independent is 115, not 120.

So this is a very important question. Has your credit card been charged or payment been taken? Is there any proof of delivery in Adelaide before 14th April? Has it been possible to call up and get a file number over the phone?

Contrary to what you say there are lots of very clear rules about migration, it's just that the system is not simple.

Jeremy

Lucyemma5

Woz

Surely it's your agent's job to find out. Ask your agent for your case number, if she doesn't know that something very fishy is going on. You just don't get left hanging, you either pass or fail. If you have failed you would have got a letter by know.

Luce

Chin up

snappy

Hi Woz

I'm sure when it first all came out there were loads of threads on about what happens to people who got their applications already in with the DIMIA and it was said that the points would stay the same for them. I can't rememebr the cut off date though but I can remember everyone rushing to get their applications before that date. Do a search on this forum and see what turns up.

I hope it works out for you.

Sasha

joho

Hi

If your application was received before the cut off for the new points sys, I would strongly advise continuing with it. According to you dates you are already 4-5 months down the road, so I wouldn't think this would be any quicker. The visa your applying under at the moment will allow pr, the new SIR visa will not and even after the 3 years is up you still might not get the pr. Maybe a quicker but not better. Try contacting the DIMA yourself and explain the situation. See if they will say when it was received.

snappy

Sorry Jeremy I didn't read you post first!

So there you go Woz do some delving and see what the situation is hopefully for your sake it was submitted before the 14th April.

Sasha

Wozza

Thanks to all of you who are helping me with this.

I have finally managed to speak to my agent and she has told me that because of the changes made on July 1st, she has recommended applying under SIR whilst still waiting for news from my original application. She said I can fill out the app's for as many regions as I wish under this SIR scheme in readiness. The readiness being if I am not accepted, but am referred to the SIR Scheme. This way I will have a kind of jump start. I assume this is legitimate???
The cheques for the original application have long been cashed and she did say that it does seem to be taking a long time to hear back from them. I'm cautious about contacting DIMIA about it as I hear if you try chasing up applications, it can slow the process of it even more??

Thanks again all for your help. I have had more help from you guys today than I have had from my agent in months!!

Kind Regards,

Wozz.