# latest MIGRATION AMENDMENT



## bc.

hi, sorry if this is posted already but i'm trying to get some urgent information regarding the latest migration amendment:

i can't post links but it can be found here:
parlinfo DOT aph DOT gov DOT au/parlInfo/genpdf/chamber/hansardr/2010-05-26/0071/hansard_frag DOT pdf;fileType%3Dapplication%2Fpdf

(can someone post the actual link please?)

i have a few friends from overseas (thailand) who applied way back in 07... i think it was a couple days before a particular date in which the government also recently said that people who applied after this date would have various issues being granted PR.
my friend's applied on 29 august, 2007. i believe from the 1st of september 2007, people who applied could have issues. true?

they came over and applied for student visa's... became hairdressers as part of the skilled migration visa... but as you're probably all aware... is no longer on the skilled migration list. they completed all work, study etc and have basically been waiting since 2007 for an answer. they're on a bridging visa at the moment (not sure what number visa etc)

this latest migration amendment... what does this mean for my friend's? are they a little safer that they applied prior to september 2007?

sorry if this all seems rushed and messy. they're having heart attacks at a recent sms message being sent around saying 'it's all over' so i'm just trying to find some more information i can tell them about.

please help.
bc.


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## bc.

or if you go to:

parlinfo DOT aph DOT gov DOT au

then click on the parlinfo search button.
in the search type: '*australian migration amendment (visa capped) bill 2010*'
open the link and then click on the pdf link which will tell you about the latest government amendment.


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## Wanderer

bc. said:


> hi, sorry if this is posted already but i'm trying to get some urgent information regarding the latest migration amendment:
> 
> i can't post links but it can be found here:
> parlinfo DOT aph DOT gov DOT au/parlInfo/genpdf/chamber/hansardr/2010-05-26/0071/hansard_frag DOT pdf;fileType%3Dapplication%2Fpdf
> 
> (can someone post the actual link please?)
> 
> i have a few friends from overseas (thailand) who applied way back in 07... i think it was a couple days before a particular date in which the government also recently said that people who applied after this date would have various issues being granted PR.
> my friend's applied on 29 august, 2007. i believe from the 1st of september 2007, people who applied could have issues. true?
> 
> they came over and applied for student visa's... became hairdressers as part of the skilled migration visa... but as you're probably all aware... is no longer on the skilled migration list. they completed all work, study etc and have basically been waiting since 2007 for an answer. they're on a bridging visa at the moment (not sure what number visa etc)
> 
> this latest migration amendment... what does this mean for my friend's? are they a little safer that they applied prior to september 2007?
> 
> sorry if this all seems rushed and messy. they're having heart attacks at a recent sms message being sent around saying 'it's all over' so i'm just trying to find some more information i can tell them about.
> 
> please help.
> bc.


What happens in parliament is the legislative process to support regulations and Immi announcements are a far easier read to absorb what is happening.
What's New? Recent Changes in General Skilled Migration has a number of links and those dated the 08February and 17May are most appropiate to read.
It does get messy dealing with info about third parties and for sure, what the situation may be is precisely dependent on dates, ie. was it August 07 that they enrolled as students on a student visa or applied for a skilled visa, they being two very different visas not at all related other than that studying in Australia may have provided them with the opportunity to gain eligibility for a skilled visa.


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## hanji

*Immigration amendment (visa capping) bill 2010*

*Moved to Current Events section for Discussion.*
Hello friends
this bill is yet to pass and its expected to be pass 15june 2010. Acoording to this from 147000 visa applicants who apllied for permanenet migration(PR) or Temprarory residence(T.R), their applications can be refused and most of these are cooks, hairdressers and community welfare former students. you can read about it from the link in last

MIGRATION AMENDMENT (VISA CAPPING) BILL 2010 AUSTRALIA
A summary at http://www.immi.gov.au/skilled/migration-amendment.htm
*Key Extracts*

*The number of places *in the skilled migration program
available to applicants who are not sponsored by
an employer continues to decline, as the government's
priority is to support demand driven-that is, employer
sponsored-migration. At the same time, the number
of pending applications continues to grow as the demand
for general skilled migration visas exceeds the
number of places available in the program.

*The general skilled migration visa program *has also
become dominated by applicants nominating a limited
number of occupations even though there are some 400
occupations that are acceptable for general skilled migration
purposes. This has *made it difficult for the program
to deliver the broad range of skills needed in the
Australian economy and the Australian labour market.*
In the 2007-08 program year, of the 41,000 general
skilled migration visas granted, more than 5,000 went
to cooks and hairdressers. *Further, there are currently
17,594 valid applications which have been made by
people nominating their occupation as a cook or hairdresser
which have not yet been finalised.*

*However, introduced prioritisation measures *alone do not address
the problem of large numbers of valid applications that
continue to be made by applicants who are not sponsored 
and who are *nominating occupations that are not
in demand.* Currently there are 147,000 primary and
secondary applicants for general skilled migration visas
waiting in the pipeline for a visa decision.

*Amendment to 'cap and terminate' measures*
To address these issues, the bill proposes to introduce
a power by which the minister may cap visas and
terminate visa applications on the basis of certain characteristics.
Similar to the current power, the amendments will also allow the
minister to treat outstanding applications for the
capped visa as never having been made.
Characteristics that may be specified include the occupation
nominated by the applicant, or the time at
which the applicant made their application.

*When an application is terminated *it is taken not to have been made. 
Applicants who are affected by a cap will have their visa
application charge refunded to them. Further, a visa
application which has been terminated is not subject to
merits review.

*Application to the general skilled migration visa
program*
The amendments proposed in this bill provide
the government with a tool for the targeted management
of all aspects of the migration program which will be available as the need
arises.

The exception .......... protection visas.

*The primary policy imperative **of the proposed
amendments* is to allow the minister to end the
ongoing uncertainty faced by general skilled migration
applicants whose applications are unlikely to be finalised
*because their skills are not in demand in Australia.*

The proposed amendments will better address Australia's
skills shortages by limiting the number of general
skilled migration visas able to be granted to applicants
whose occupations are in oversupply, thereby
leaving more spaces in the program available to applicants
whose occupation is in demand.

This will allow the Australian government to deliver
a skilled migration program that is more tightly focused
on high-value skills that will assist in meeting
the medium- to long-term needs of the Australian
economy.

*The government's intention *is to establish a realistic
balance between providing the skills Australian employers
need and ensuring the maximum opportunities
for Australian citizens and permanent residents in a
changing employment market.

This amendment is just one in a package of reforms
the government is currently making to the skilled migration
program to ensure that it is able to target skilled
migrants with the high-value, nation-building skills
that Australia needs.

*Edited:* to remove some parliamentary fluff, making it less wordy and more readable with some headings/pertinent points highlighted.


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## Wanderer

*Hanji*
Interesting I must say to see such interest on a first post here.

I understand there may be many students who have studied in Australia with the sole intent to migrate here and that is reflected somewhat in numbers of PR visa applications that this legislation will allow management of.

Your opening gambit does need some tuning as with *" most of these are cooks, hairdressers and community welfare former students. "*


> Acoording to this from 147000 visa applicants who apllied for permanenet migration(PR) or Temprarory residence(T.R), their applications can be refused and most of these are cooks, hairdressers and community welfare former students.


The real figures are in the text:
*Further, there are currently 17,594 valid applications which have been made by
people nominating their occupation as a cook or hairdresser
which have not yet been finalised.*

Regardless of the figures, it could be said that distorting forces have been deployed for a few years that have seen a massive rise in international students to Australia, many with that goal of seeking PR, the numbers being unsustainable.

This action may cause a lot of international students to return home but it could be said that if their intent was to only study in Australia, then going home is something that should be of no great concern for most.


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## bc.

Wanderer said:


> What happens in parliament is the legislative process to support regulations and Immi announcements are a far easier read to absorb what is happening.
> What's New? Recent Changes in General Skilled Migration has a number of links and those dated the 08February and 17May are most appropiate to read.
> It does get messy dealing with info about third parties and for sure, what the situation may be is precisely dependent on dates, ie. was it August 07 that they enrolled as students on a student visa or applied for a skilled visa, they being two very different visas not at all related other than that studying in Australia may have provided them with the opportunity to gain eligibility for a skilled visa.


hey wanderer, thanks for the link and the advice.
i'm not good with visa names etc, but it was the time in which they applied to be granted their PR. so they had already completed study, work and whatever other necessary things to qualify, so i guess that means it was when they applied for their skilled visa correct?
it was the last thing that needed to apply for before being granted. they did this at the end of august 07.
what does that mean?


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## Wanderer

bc. said:


> hey wanderer, thanks for the link and the advice.
> i'm not good with visa names etc, but it was the time in which they applied to be granted their PR. so they had already completed study, work and whatever other necessary things to qualify, so i guess that means it was when they applied for their skilled visa correct?
> it was the last thing that needed to apply for before being granted. they did this at the end of august 07.
> what does that mean?


There has been a further new post just today on the What's New Immi link and http://www.australiaforum.com/issue...ation-amendment-visa-capping-bill-2010-a.html is a thread about it, that being the Ammendment legislation you've referred to.

With what sounds like a heap too many hairdressers and cooks it does seem that it'll be all over red rover for many, the legislative means to recaulk the seams close at hand.

If your friends applied before 01September07 they might just as well make plans for seeking alternate visas or life back home.
The same will likely apply to many who have applied post 01September07.


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## Wanderer

*Migration Ammendment Legislation*

Ammendment Legislation Posts merged.


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## bc.

Wanderer said:


> If your friends applied before 01September07 they might just as well make plans for seeking alternate visas or life back home.
> The same will likely apply to many who have applied post 01September07.


oh no 
what can they do if their visa's are denied? is there a way they can continue to stay/live here until they work out another way of gaining PR?


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## Wanderer

bc. said:


> oh no
> what can they do if their visa's are denied? is there a way they can continue to stay/live here until they work out another way of gaining PR?


They would have to seek another visa that allowed them to do that and the only options open will be employer sponsorship if possible or further study if they wanted to do that and have the part-time work rights that a student visa gives.

They could also look at a visitor visa which could give them extra time to find an employer sponsor or at least decide if further study was an option they wanted to pursue but they would need to show funds available to support themselves.


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## vik

hey guys i have one question should i applied for pr next month I got my degree asses i got 6 band each and I got my sister here and she is citizen so please help me guys 
is any new rule effect my application i am waiting for my result it will be on 2nd of july
need reply soon as possible 
thanks 
guys


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## Wanderer

vik said:


> hey guys i have one question should i applied for pr next month I got my degree asses i got 6 band each and I got my sister here and she is citizen so please help me guys
> is any new rule effect my application i am waiting for my result it will be on 2nd of july
> need reply soon as possible
> thanks
> guys


Are you saying you have a degree qualification assessment due you hope by 02/07 vik?
If so, what the situation will be in general terms will be somewhat decided by what occupation your qualifications are for.
How about you put some more detail in a new thread for the Visas & Immigration section.


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## vik

Wanderer said:


> Are you saying you have a degree qualification assessment due you hope by 02/07 vik?
> If so, what the situation will be in general terms will be somewhat decided by what occupation your qualifications are for.
> How about you put some more detail in a new thread for the Visas & Immigration section.


I am going to finished my accountant degree and my degree has been assed and waiting for my one subject result


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## bc.

Wanderer said:


> They would have to seek another visa that allowed them to do that and the only options open will be employer sponsorship if possible or further study if they wanted to do that and have the part-time work rights that a student visa gives.
> 
> They could also look at a visitor visa which could give them extra time to find an employer sponsor or at least decide if further study was an option they wanted to pursue but they would need to show funds available to support themselves.


a friend of mine is currently wanting to start his own small business. this was another question i was going to try and get help with from people on this forum... but one thing at a time...

he's not ready to start his business yet, but if he gets an ABN and whatever else needed to register a business name etc... how does it work if he wants to sponsor one or two of the group hoping to be granted PR?
I wouldn't have a clue how it works... i wouldn't think it'd be that easy could it to start a business and sponsor someone who just so happens to be a friend?
i'm worried for my friends...  hope it works out for them... so i will continue to search for answers.

thank you for your help.


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## Wanderer

bc. said:


> a friend of mine is currently wanting to start his own small business. this was another question i was going to try and get help with from people on this forum... but one thing at a time...
> 
> he's not ready to start his business yet, but if he gets an ABN and whatever else needed to register a business name etc... how does it work if he wants to sponsor one or two of the group hoping to be granted PR?
> I wouldn't have a clue how it works... i wouldn't think it'd be that easy could it to start a business and sponsor someone who just so happens to be a friend?
> i'm worried for my friends...  hope it works out for them... so i will continue to search for answers.
> 
> thank you for your help.


There are eligibility requirements for employers as well as for employees you'll see if you have a look at employer sponsorship visas.


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## johncurtin

*skills list change*

OZ govt very tough, but if the people already are in sponsored employment, it is unlikely to effect them. Its all about the money. The Govt wants to make sure employment follows any degree etc to save Centrelink really. You can google immigration skills list and it will come up.

(can someone post the actual link please?)

i have a few friends from overseas (thailand) who applied way back in 07... i think it was a couple days before a particular date in which the government also recently said that people who applied after this date would have various issues being granted PR.
my friend's applied on 29 august, 2007. i believe from the 1st of september 2007, people who applied could have issues. true?

they came over and applied for student visa's... became hairdressers as part of the skilled migration visa... but as you're probably all aware... is no longer on the skilled migration list. they completed all work, study etc and have basically been waiting since 2007 for an answer. they're on a bridging visa at the moment (not sure what number visa etc)

this latest migration amendment... what does this mean for my friend's? are they a little safer that they applied prior to september 2007?

sorry if this all seems rushed and messy. they're having heart attacks at a recent sms message being sent around saying 'it's all over' so i'm just trying to find some more information i can tell them about.

please help.
bc.[/QUOTE]


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## johncurtin

Wanderer said:


> There are eligibility requirements for employers as well as for employees you'll see if you have a look at employer sponsorship visas.


ABN is not a PTY company, anyone can get an ABN and use it as if in business etc. I think you will find any PR related business will be dependant on the rules that you must trade over 300k PA and employ 2 or three australians etc in that business for a given amount of time. But it is best to visit a lawyer that specialises in this area.


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## johncurtin

*website*

found a really good website but this site wont allow it to be pasted.. tried a varied form but again no good.

it is be be (bb) live then the co... etc as in com


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## ginathabet

Dear all,

i just need one answer about my question ( have i expect refused on my case, i applied on 30 aug 2007 as accountant indpendent visa ?)
if yes when will they refund us the money, it's now 04 monthes after 08 feb changes. please any body give me answer , i'm going to be mad & i can't take any decision in my life because of this visa.

gigi


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## Wanderer

ginathabet said:


> Dear all,
> 
> i just need one answer about my question ( have i expect refused on my case, i applied on 30 aug 2007 as accountant indpendent visa ?)
> if yes when will they refund us the money, it's now 04 monthes after 08 feb changes. please any body give me answer , i'm going to be mad & i can't take any decision in my life because of this visa.
> 
> gigi


The capping and ceasing by occupations does need some legislation to be passed and that could be held up if talk of an early election moves to an actual election date being set, 08February just being the date that the intent re capping and ceasing generally was announced.


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## usmanbaigmirza

Wanderer said:


> The capping and ceasing by occupations does need some legislation to be passed and that could be held up if talk of an early election moves to an actual election date being set, 08February just being the date that the intent re capping and ceasing generally was announced.


Dear Wanderer,

As we all know that ceasing and capping by occupations (for applications lodged prior to 1st September, 2007) would be in effect if legislation is passed and until then no new applications can be lodged under subclasses 175, 176 and 475 visas.

Also states are not sponsoring those visa subclasses (175, 176 and 475) who are in a scope to be ceased or capped.

I want to know about those who are in the said scope but already been granted State Sponsor during the month of May, 2010 (genereally speaking after 8th May, 2010 when this new ceasing and capping thingie was announced).

So, generally speaking about those who lodged applications before 1st September, 2007 and got state sponsorship after this (ceasing and capping) was announced, what would be the future of those?

Please comment in detail as I got no clue about it on any page of DIAC website, WA State Migration Center website or any other relevant webpage.


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## Wanderer

usmanbaigmirza said:


> Dear Wanderer,
> 
> As we all know that ceasing and capping by occupations (for applications lodged prior to 1st September, 2007) would be in effect if legislation is passed and until then no new applications can be lodged under subclasses 175, 176 and 475 visas.
> 
> Also states are not sponsoring those visa subclasses (175, 176 and 475) who are in a scope to be ceased or capped.
> 
> I want to know about those who are in the said scope but already been granted State Sponsor during the month of May, 2010 (genereally speaking after 8th May, 2010 when this new ceasing and capping thingie was announced).
> 
> So, generally speaking about those who lodged applications before 1st September, 2007 and got state sponsorship after this (ceasing and capping) was announced, what would be the future of those?
> 
> Please comment in detail as I got no clue about it on any page of DIAC website, WA State Migration Center website or any other relevant webpage.


It is was a decision by states to independently cease processing sponsorship applications because of Immi halting the acceptance of the 175/176 and 475 visa applications and the states decide action independently of oneanother and it is not associated with Immi policy on the capping by visa class or by occupation.

It will be up to Immi to determine how they treat earlier applications with later sponsorship and though the policy intent has been published, I'd expect further detail including the process timetable to become available after July 01.
In general, I'd also expect based on what Immi have already announced that pre September 2007 applications are going to be considered quite differently to later applications.

*There is however nothing to be done other than wait for further information to be released.*


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## usmanbaigmirza

Wanderer said:


> It is was a decision by states to independently cease processing sponsorship applications because of Immi halting the acceptance of the 175/176 and 475 visa applications and the states decide action independently of oneanother and it is not associated with Immi policy on the capping by visa class or by occupation.
> 
> It will be up to Immi to determine how they treat earlier applications with later sponsorship and though the policy intent has been published, I'd expect further detail including the process timetable to become available after July 01.
> In general, I'd also expect based on what Immi have already announced that pre September 2007 applications are going to be considered quite differently to later applications.
> 
> *There is however nothing to be done other than wait for further information to be released.*


thank you for the wisest advices always...


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## bc.

Wanderer said:


> In general, I'd also expect based on what Immi have already announced that pre September 2007 applications are going to be considered quite differently to later applications.
> 
> *There is however nothing to be done other than wait for further information to be released.*


i've been trying to find more information about this myself.
i know it's probably just a matter of waiting it out... but i'd still like to help my friends plan for whatever outcome.

what exactly do you mean or know about the considerations made on the applications prior to sept 2007? how will they be treated differently than those made after sept 2007?
this is a main factor with my friends from thailand as they applied for PR (in full) just before this cutoff date.


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## Wanderer

bc. said:


> i've been trying to find more information about this myself.
> i know it's probably just a matter of waiting it out... but i'd still like to help my friends plan for whatever outcome.
> 
> what exactly do you mean or know about the considerations made on the applications prior to sept 2007? how will they be treated differently than those made after sept 2007?
> this is a main factor with my friends from thailand as they applied for PR (in full) just before this cutoff date.


I suppose the main factor for offshore applications could be seen as the date as was referred to in the announcement of 08February - http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-offshore-preseptember.pdf , that being what Usman has asked about.
It would seem that the later announcement in respect to new legislation _[ not yet passed into law ]_ is to allow visa application consideration decision by occupational category and address the numbers of applications not necessarily meeting demand requirements.
I'd reckon the best approach anyone currently in Australia could take would be to seek an employer sponsor and get a 457 visa application in if possible.


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## johncurtin

*PR in OZ*

From what I can gather now here. The Govt wants students that graduate here to get an employer to sponsor them after graduation for a period of time (years).


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## Wanderer

johncurtin said:


> From what I can gather now here. The Govt wants students that graduate here to get an employer to sponsor them after graduation for a period of time (years). .


A bit of a mixed bag there jc and only your first line on the topic about legislative ammendement for the capping of visa numbers and then you are wide of the mark, ie.
The government is not saying anything other than the system as it was allowed for what could have been called a student visa highway to residency and certainly one that was being overused, the legislative ammendments being to address an issue that was not working in accord with Australian immigration needs nor the economy in an overall sense and temporary visas/employer sponsored visas are options within the immigration regulations structure.
I'll delete the rest of your post to save the thread hairing off on a tangent but feel free to post on relevant threads with correct information.


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## bc.

i'm already confused


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## bc.

i wonder if any changes (even if only slightly) will occur now that we have a new prime minister?


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## javierika

*Hairdresser no longer in list of skill for migration?*

Hi,is it true that hairdressers is not longer a skill in the migration list?O if so it'll be so sad...


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## Wanderer

javierika said:


> Hi,is it true that hairdressers is not longer a skill in the migration list?O if so it'll be so sad...


Yes, hairdressers is out of SOL but haven't checked ENSOL and both are now online, a sticky thread near top of section.


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## Dexter

Not only hairdressers are out. So are cooks, chefs, NAATI translators and interpreters and IT professionals.


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## Wanderer

Dexter said:


> Not only hairdressers are out. So are cooks, chefs, NAATI translators and interpreters and IT professionals.


There's a significant reduction but on IT professionals there are changes and really depends on what you mean by IT professionals as to them being out.


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## Wanderer

ginathabet said:


> dear wanderer, thanks for your help, but when will we expect them to take action towrds these applications?? also when will the election finalize?
> 
> gina


They are taking the offshore applications again ginathabet and though there is usually a slow down of processing leading up to the end of a financial year if the annual budget is being closed on, applications would again be processed as per normal, one difference being that States still need to get their Migration Plans approved.
There was also something of a build up occurring in the last few months of the financial year and hence the suspension of offshore applications on May 17, the build up itself likely to cause some congestion with the system and then I imagine because of the suspensio there could be more than usual applicants looking to get applications in, so possibly congestion continued for a while.


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## ginathabet

*game over*

dear wonderer,
finaly i get the reply from the DIAC, they refused my application. after 3 years of waiting 
they will refund me the application fees only while i paid more than 3 times of the application amount. really unfair.

gina


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## epsy

*need help*

i applied for my permanent and temorary residency a year ago.....studyin cookery....through paper applicaiton....and havent not heard anythin from my agent...since........how can i know wats happenin to my application........


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## Wanderer

*epsy, this thread was meant to be more of the general info line type on latest developments.*I'll have to go back and delete a couple of posts but am drawing a line now so can you start a new thread please.


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## Wanderer

*Immi continue with updated announcements as regulation changes are consolidated and you'll find them at:
*What's New? Recent Changes in General Skilled Migration


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## bc.

See post* # 37*


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