# NSW State Sponsorship Halt 5th August



## alok509gupta (Jan 29, 2013)

I received this E-mail today from NSW, My documents reached on 5th August 2013

Please advice or suggest on this....

Did anyone else recieved the same.., Did anyone called NSW?
This news is confirmed its on there home page also, please comment

190 Application Received - Important Notice
From
[email protected]

Mr XXXXXX

Dear Mr XXXXXXX

I refer to your recent application seeking State Nomination under the Skilled-Nominated (subclass 190) Visa received on 5/08/2013. Please note the following important information:

On 05 August 2013 the Department of Immigration and Citizenship (DIAC) advised that invitations for certain occupational groups in the points-tested migration program will be issued on a pro-rata basis over the 2013/14 program year.

This advice means that it will not be possible for NSW to nominate any applicants from these occupations for a 190 visa.

Occupations impacted by this policy change include:

Other Engineering Professional - 2339
Software Engineer, Analyst Programmer & Developer Programmer - 2613

DIAC has advised that the national occupational ceiling will remain the same but the pro-rata approach means invitations will be staggered and issued by DIAC to selected individuals over the course of 2013/14 in twice monthly occupation rounds.

NSW appreciates that this announcement will concern many applicants who have already applied for nomination to date. We are seeking further clarification from DIAC on how this announcement will affect nomination applications that are currently being assessed by our department.

We will not be able to provide any further guidance to you until DIAC provides further information.

We assure you that we will be updating our website with further guidance as soon as possible. Please continue to check our website. We will not be able to provide any further information by phone or email.

We would encourage you not to withdraw your application until we are able to provide more specific information.

Regards

NSW Trade and Investment


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## alok509gupta (Jan 29, 2013)

Senior Members , Can you please comment if you have any information..


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## MarkNortham (Dec 19, 2012)

This is also on the NSW website with more occupations listed:

State Migration Plan - NSW Trade & Investment: Business in NSW

It's not clear at this point how they will manage the remaining places, and whether those remaining places will go to people who have been nominated but not yet invited to apply for a 190 visa, or will go to people who applied for a 189 visa. We're all trying to figure out the answers, but DIAC has said nothing officially yet, so we're getting word from the states only.

Best,

Mark Northam


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## alok509gupta (Jan 29, 2013)

Has this been experienced in past anytime ?, How do they react to this kind of situation , I Mean Will they entertain the applications received till 5th August (I got my ack saying its received on 5th august) ..., Its freaking me Out  Sorry


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## MarkNortham (Dec 19, 2012)

Hi Alok -

What visa? received by who? DIAC? NSW? 

At this point it would appear that NSW can make no further nominations for these occupations, unless DIAC makes some sort of a special deal for those who have nominations lodged but not yet approved. 


Mark Northam


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## alok509gupta (Jan 29, 2013)

190 - State Sponsorship, recieved by NSW


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## MarkNortham (Dec 19, 2012)

Hi Alok -

It's not clear yet how they will handle applications received but not yet decided, or approved nominations that have not yet been issued an invitation. If the wording on the NSW announcement is to be believed, DIAC has put in place an immediate halt to the ability of states to nominate for these occupations, which would tend to indicate that your application may not be able to be processed.

Unfortunately DIAC has made no announcement themselves yet, so we're all still guessing as to the details and what will become of applications already in the pipeline like yours.

My suggestion: if you're in one of the listed occupation groups, you may want to explore other visa options in case you're unable to proceed with state sponsorship.

Best,

Mark Northam


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## Vijesh (Aug 6, 2013)

Hi,

I have already received an invitation to lodge a Skilled - Nominated (Subclass 190) (Permanent) visa application nominated/sponsored by NSW Trade & Investment.

I just want to know if this new change will create any problem for me to apply for DIAC? Please advice.

Thanks
Vijesh


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## Vijesh (Aug 6, 2013)

Hi,

I have already received an invitation to lodge a Skilled - Nominated (Subclass 190) (Permanent) visa application nominated/sponsored by NSW Trade & Investment.

I just want to know if this new change will create any problem for me to apply for DIAC? Please advice.

Thanks
Vijesh


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## MarkNortham (Dec 19, 2012)

Hi Vijesh -

The way I read the announcement, you're OK, as the state was able to nominate you and DIAC issued you an invitation as a result of that acknowledgement. That being said, I would keep an eye on the news in case that's not the case.

Best,

Mark Northam


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## Vijesh (Aug 6, 2013)

Hi Mark,

Thanks a lot for your prompt response.Please keep me posted if at all any changes.I will be submitting the documents to DIAC in a week time.

Thanks
Vijesh


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## Vijesh (Aug 6, 2013)

*Confusion with ACS for applying DIAC*

Thanks Mark.

I have one other concern before submitting my DIAC application. I have +ve ACS assessment result for 4.8 years of experience. After this I worked for 5 months in another company which was not added in ACS. When I applied for EOI, they asked me for the assessment for the last company which was 5 months and I got it but with the new rule of deduction of 2 years of my initial experience (so my experience is coming up to 3 years) which affect me in applying for 190 Visa.

But in the mean time I got NSW approval and invitation for statesponsership. My consultant is saying I can go ahead with my first ACS result. Will DIAC be asking me for the ACS result for 5 whole years or can I claim it by submitting my documents. I am confused. Please suggest.

Regards,
Vijesh


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## sweettruegod (Aug 7, 2013)

Hi Vijesh,

I am very much new to this forum. I have got my ACS result and applied for states sponsership. I was going through your latest post and not clear with your statement regarding new rule which is " got it but with the new rule of deduction of 2 years of my initial experience".

Can you please help me understand this?

Thanks
Honey


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## MarkNortham (Dec 19, 2012)

Hi Vijesh -

Sorry, but there's no way I can assist you without seeing all of your documents and knowing more about your case. The law is too complex, and there are too many details. If you'd like to book a consultation, I'd be happy to assist as that would give us the time and resources to look into the details of your case. My website link is in my signature - you can click on that to get to the site, then click the area for Professional Consultation if you'd like to get specific advice for your case.

Thanks,

Mark Northam



Vijesh said:


> Thanks Mark.
> 
> I have one other concern before submitting my DIAC application. I have +ve ACS assessment result for 4.8 years of experience. After this I worked for 5 months in another company which was not added in ACS. When I applied for EOI, they asked me for the assessment for the last company which was 5 months and I got it but with the new rule of deduction of 2 years of my initial experience (so my experience is coming up to 3 years) which affect me in applying for 190 Visa.
> 
> ...


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## jayantsit (Aug 8, 2013)

Hello Mark,

I am also similar situation like alok.. could you please let us know if DIAC is not accepting the pipelined application then NSW will redirect the applications to DIAC..otherwise we have to withdraw our EOI.. Please clear my doubts..


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## MarkNortham (Dec 19, 2012)

Hi Jayantsit -

Wish I could help - DIAC has made no official announcement about this at all that I know of at this point, and has only written to the states, with the state info leaking out as we saw on the ACT and NSW sites.

ACT is offering refunds if you wish to withdraw your application for state sponsorship, NSW has not made it clear what their plan is. I would call NSW directly and ask them if you need to know quickly. Both of our agent associations are on top of this and are asking all of the same questions, but so far it's been a lot of questions and very few answers. Will post any new info here as I receive.

Best,

Mark Northam


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## jayantsit (Aug 8, 2013)

MarkNortham said:


> Hi Jayantsit -
> 
> Wish I could help - DIAC has made no official announcement about this at all that I know of at this point, and has only written to the states, with the state info leaking out as we saw on the ACT and NSW sites.
> 
> ...


Hello Mark,

Thanks for the reply...Mainly the problem is my docs received to NSW on AUG 05 2013 and DIAC implemented new rules on same day..So, i am bit worrying if DIAC accepted to process the applications whether NSW consider my application or not...As your experience what DIAC is going to do..whether they will accept the applications which are in pipeline otherwise they wont accept...if they wont accept then DIAC will take all this applications on pro-rata basics like 189 otherwise we have to withdraw EOI...

sorry if i am repeating same questions ... bit at present i am very tensed ... as i am planning for this past 1 year...finally all lapsed with single statement...


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## CollegeGirl (Nov 10, 2012)

Jayantsit - Mark has already provided you with all the information he can at this point from what he's saying. This is a new policy (as far as I know) and not something that has happened before, so until migration agents are given more information there's nothing more to tell you yet.


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## MarkNortham (Dec 19, 2012)

Just received the following from our industry association, sent from DIAC.

In 2012-13, the six occupational groups referred to in your email reached their occupational ceilings which meant no intending migrants in these occupations could be nominated or invited to apply for a visa until the ceilings were reset on 1 July 2013. In the first month of the 2013-14 program year, a significant proportion of available places were again used up for these six occupational groups and it was determined that the ceilings would again be met, but even earlier than in the previous program year. Based on the high numbers of Expressions of Interest (EOIs) being submitted for these occupational groups, the decision was therefore made to move to a pro rata allocation of the remaining places to allow limited numbers of the most highly skilled workers in these occupations to apply for a visa throughout 2013-14.

There is no change in the total number of places available for these six occupational groups under their occupational ceilings. However, the allocation of places will be spread out to ensure that highly skilled migrants who submit EOIs later in the program year are not prevented from applying by lower quality applicants taking all available places earlier in the program year. Again, I would highlight that this change has no impact on the number of places available for these occupational groups but it will allow places to be released throughout 2013-14, with a focus on ensuring the most highly skilled migrants can still apply for a visa, instead of having all places exhausted early in the program year.

In the current program year, the percentage of places used up for these six occupational groups prior to the 5 August 2013 invitation round were as follows:
Occupation ANZSCO Code Total Ceiling Invitations & Nominations Remaining places 
Percentage of places used Percentage of places remaining
Chemical & Material Engineers 2331 360 173 187 48.06% 51.94%
ICT Business & System Analysts 2611 1380 897 483 65.00% 35.00%
Electronics Engineers 2334 420 152 268 36.19% 63.81%
Telecomm Eng Prof 2633 300 106 194 35.33% 64.67%
Other Engineering Prof 2339 300 98 202 32.67% 67.33%
Software and Applications Programmers 2613 4800 1,168 3,632 24.33% 75.67%

Occupational ceilings will be reviewed as part of a general review of SkillSelect in 2013-14 and this will involve all key stakeholders, including the MIA and State and Territory governments. The department will be preparing a discussion paper for distribution to stakeholders and this will provide an opportunity to comment on how SkillSelect has operated to date and to identify areas for improvement in the future.
In relation to the specific issues you have raised in your email, please see the responses below:

1. We understand that the State and Territory Governments were advise that the following six occupations (or occupation groups)for GSM points tested visas (Subclass 190 and 489) can no longer be nominated:
• Chemical and Materials Engineers; [ANZSCO Group 2331]
• ICT Business and Systems Analysts; [ANZSCO Group 2611]
• Electronics Engineers: [ANZSCO Group 2334]
• Telecommunications Engineering Professionals; [ANZSCO Group 2633]
• Other Engineering Professional [ANZSCO Group 2339]
• Software and Applications Programmers. [ANZSCO Group 2613]

These six Unit Groups comprise 17 occupations, 16 or which are on the CSOL. Can we assume that those 16 occupations are all not able to be nominated by State and Territory Governments?

As noted above, the continuing high numbers of EOIs for these six occupational groups meant that the available places would have been fully exhausted well before the end of the program year if the decision to implement pro rata allocations had not been made. In some instances the available places would have been used up in Monday's invitation round or the following round on 19 August. It was considered the most appropriate option to allow a limited number of the most highly skilled workers in these occupations to be invited to apply for a visa throughout the year, rather than allowing the ceilings to be met which would have prevented all skilled workers in these occupations from applying until the start of the next program year in July 2014.

Under these arrangements, the points score and date of EOI submission cut-off dates for these occupational groups are expected to increase over the course of the program year and these figures will be included in the regular SkillSelect invitation round report published on the department's website. State and Territory Governments have been advised that if they have intending migrants for nomination in any of the six occupational groups who would have met the relevant cut-offs, they can refer these cases to the department for consideration of nomination on a case-by-case basis.

The intention of these changes is to ensure that the most highly skilled workers in these occupational groups are still eligible to apply for a visa. This will also avoid the situation of having a client being nominated or invited early in the program year at the expense of a more highly skilled intending migrant who cannot be nominated or invited later in the program year because the occupational ceiling has been reached. In this regard, SkillSelect is operating as intended to allow the best and brightest to apply for a visa, not on a first-in, first-served basis.

2. Does this "ban" on occupations apply to State/Territory nomination applications which have been approved by the State/Territory Governments, but which have not yet been issued with an invitation to apply for a visa?

Visa applicants who have in good faith lodged applications for State or Territory nomination and whose applications have either not been finalised, or whose applications have been finalised but have not yet had an invitation to apply for a visa issued, will have been treated most unfairly.

Registered Migration Agents who have advised and assisted applicants with State/Territory nominations will have been placed in the unreasonable and invidious position of being seen to have not given correct advice.

There is no ban on these occupations but as advised above, we have implemented a pro rata allocation for the remaining places under the existing occupational ceiling for these groups. If this action were not taken, the occupational ceilings would have been met for these groups well before the end of the program year. States and Territories are also able to refer cases for consideration where they have clients who would have met the relevant cut-offs based on points and date of EOI submission.
An application for a State or Territory nomination is not a visa application and clients are not able to apply for a visa until they have been nominated or invited to apply for a visa in SkillSelect. The clients referred to in the example above would also have been adversely affected if the relevant occupational ceiling had been reached since no one from the occupational group would be eligible for nomination or invitation until July 2014. Under the pro rata arrangements, the most highly skilled intending migrants from each occupational group will still be able to apply for a visa throughout the 2013-14 program year and as such, these arrangements can actually be seen as a positive development for clients, particularly those who do not submit EOIs until later in the program year.

3. Until today, when occupation ceilings were reached, they were no longer available for any GSM points based applications, not just State/Territory nominated applications. 
Why has the decision been made to remove occupations from the State/Territory nominated Subclasses?

The MIA understands that State and Territory Governments have been advised that it is because there is a need to get "the best and the brightest". This would assume that those obtaining State/Territory nomination are not the best and the brightest. Is that the case?

This decision would also seem to have the potential of causing great problems for some State and Territory Governments for whom the occupation groups are a significant component of their State Migration Plans. The decision could, in some cases, severely undermine those plans.

As noted above, State and Territory Governments can refer cases which would have met the relevant cut-offs for the six occupational groups for consideration of nomination on a case-by-case basis. This is consistent with the aims of ensuring the best and brightest intending migrants are nominated or invited to apply for a visa from SkillSelect, whether that be via the Skilled Independent or State or Territory nominated streams.

4. Why was there no consultation with important stakeholders on this matter?

It was necessary to take this action before the 5 August 2013 invitation round to ensure that the occupational ceilings were not reached in that round and given the time constraints, it was not possible to consult beforehand. To demonstrate the continuing high level of demand for the six occupational groups, the table below shows the number of current EOIs onhand compared to the number of available places under each occupational ceiling:

Occupation ID Description Total EOIs onhand Remaining places
2331 Chemical and Materials Engineers 113 179
2334 Electronics Engineers 178 256
2339 Other Engineering Professionals 214 193
2611 ICT Business and Systems Analysts 691 462
2613 Software and Applications Programmers 1546 3467
2633 Telecommunications Engineering Professionals 205 186

Three of the six occupations are already oversubscribed and the other three occupations are expected to do the same in the near future based on continuing high numbers of EOIs being submitted. In this context, it was necessary to take this action prior to consultation.


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## jayantsit (Aug 8, 2013)

Hello Mark, Thank you very much for the detailed information...its really helpful

Could you please explain the scenario regarding 55 points as i have applied to NSW. So, i am getting (55+5= 60 points) but now as it is going to pool .. how can we get state 5 points ... could you please clear this doubt...so it would be great...

Regards


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## Bokya (Aug 9, 2013)

jayantsit said:


> Hello Mark, Thank you very much for the detailed information...its really helpful
> 
> Could you please explain the scenario regarding 55 points as i have applied to NSW. So, i am getting (55+5= 60 points) but now as it is going to pool .. how can we get state 5 points ... could you please clear this doubt...so it would be great...
> 
> Regards


Question is how can DIAC apply the rules retrospectively and without putting up notice up front like UKBA or any other country's migration system. Australian Immigration System is not that good and they have proven it yet again. They did change the rules for ACS as well in month of April. That made many aspirants loose 2 yrs of their work experience.


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## Happy75 (Aug 10, 2013)

Hi Mark,
Thanks for giving lots of information. I also applied for nomination and waiting for decision. Can you please confirm how much pro rata Diac is going to allocate for State Nomination?
Also, what is NSW state going to do with applications? Is there any chance that occupation ceiling will be increased for these occupations?


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## iamflying (Aug 11, 2013)

Hello Mark,

I have a concern about the re-evaluation about my case. 

I submitted my 190 application on 7/25 and got my ACK on 7/31. Now, my point is 65. However, if my case has not been processed before 10/29 this year, my point will be 55 (= 65 -10) due to age point which will me lost chance. So, could you help confirm if the reevaluation will happen at that time when my case is processing? Any actions that I can take now?


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## MarkNortham (Dec 19, 2012)

Hi Iamflying -

For invitation-based skilled visas, the age for points purposes is the age you are at at the moment you are invited to apply for a visa.So if your sponsorship is successful, you'll receive an invitation straight away, which locks in your age for points purposes as of the date you are invited. If not, and your occupation is one of those listed for the 5 August changes and is also on the SOL list and eligible for a 189 visa by invitation, then you may still have a chance as DIAC appears to be willing to consider those candidates for the limited number of places available, however it's not clear to me from the DIAC responses exactly how they will consider those candidates. But the same rule still applies - if and when you receive an invitation, that's when your age is considered locked in for points purposes (ie, if your birthday that you lose points on happens AFTER you are invited to apply for a visa, it doesn't matter or affect your points score).

As to any actions you can take now, trying to get a higher IELTS score to get the 10 or 20 bonus points for 7 or higher on all bands (10 pts) or 8 or higher on all bands (20 pts) is the way that many people use to increase their points test score.

Hope this helps -

Best,

Mark Northam


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## sweettruegod (Aug 7, 2013)

Hello Mark,

I have a doubt in my ACS result, can you please help clarifying the same.

I have got ACS result on may 1 way before they applied new rules.

In result they have mentioned specifically "experience after 2011 is considered to equate to work at an appropriatly" 
does this mean that they have deducted 4 yrs fom my exp? or there is any workaround for this.
Below is my acs result for ur information. 


The following employment after January 2011 is considered to equate to work at an appropriately

skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code.

Dates: 12/06 - 01/10 (3yrs 1mths)

Position: Software Engineer

Employer: XXX

Country: INDIA

Dates: 02/10 - 03/12 (2yrs 1mths)

Position: Application Consultant

Employer: XXX

Country: INDIA

Dates: 03/12 - 02/13 (0yrs 11mths)


Position: Consultant


Employer: XXX


Country: SAUDI ARABIA


Can you claim whole 6 yrs of exp by showing whole my exp letters.

Please advise.

Thanks.


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## MarkNortham (Dec 19, 2012)

Hi -

ACS has deemed you "skilled" as of January 2011, likely as you completed a degree or other educational qualification at that point. Will be very difficult to claim work before this date for skilled points. Depending on the reason for the January 2011 date, you may want to consider appealing the skills assessment, however I don't have nearly enough data to give you any specific advice on this. If the date was the completion of the minimum degree needed for your occupation, there's probably little chance of an appeal or review making any different.

Best,

Mark Northam


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## sweettruegod (Aug 7, 2013)

MarkNortham said:


> Hi -
> 
> ACS has deemed you "skilled" as of January 2011, likely as you completed a degree or other educational qualification at that point. Will be very difficult to claim work before this date for skilled points. Depending on the reason for the January 2011 date, you may want to consider appealing the skills assessment, however I don't have nearly enough data to give you any specific advice on this. If the date was the completion of the minimum degree needed for your occupation, there's probably little chance of an appeal or review making any different.
> 
> ...


Thanks for advice Mr. Mark,

I have completed my engineering in 2006 in electronics and communication and then I started my career 6 months later as software engineer. 
Let me give you complete ACS result:
Your skills have been assessed to be suitable for migration under 261313 (Software Engineer) of the
ANZSCO Code.

Your Bachelor of Technology (Electronics & Communication Engineering) from Punjab Technical
University completed May 2006 has been assessed as comparable to an AQF Bachelor Degree with a
major in computing
The following employment after January 2011 is considered to equate to work at an appropriately
skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code.
The following employment after January 2011 is considered to equate to work at an appropriately
skilled level and relevant to 261313 (Software Engineer) of the ANZSCO Code.
Dates: 12/06 - 01/10 (3yrs 1mths)
Position: Software Engineer
Employer: XXX
Country: INDIA
Dates: 02/10 - 03/12 (2yrs 1mths)
Position: Application Consultant
Employer: XXX
Country: INDIA
Dates: 03/12 - 02/13 (0yrs 11mths)
Position: Consultant
Employer: XXX
Country: SAUDI ARABIA

I have all proofs of my work exp. can I not show my exp letters at the time of applying visa to claim whole of my exp to claim full points.

I am on 55 points by showing 6 yrs of exp and if they consider my exp after jan 2011 then it is less tan 3 yrs in this case i will be loosing 5 more points.


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## MarkNortham (Dec 19, 2012)

That's unusual. I would strongly recommend you contact ACS and ask them specifically why they do not consider your work prior to January 2011 as being at the appropriate skill level. There's something else going on here that doesn't make sense - I don't think you have the whole story here. 

Best,

Mark Northam


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## sweettruegod (Aug 7, 2013)

MarkNortham said:


> That's unusual. I would strongly recommend you contact ACS and ask them specifically why they do not consider your work prior to January 2011 as being at the appropriate skill level. There's something else going on here that doesn't make sense - I don't think you have the whole story here.
> 
> Best,
> 
> Mark Northam


That true, this looks very strange. I even contacted my agent. He says that ACS will specifically mention the years of exp if they are not consdering the same. but here they have mentioned my full exp.
He was also mentioning two things: skilled and highly skilled categories. Does that mean that exp before 2011 can be considered as skilled and after that highly skilled or am i taking this in a wrong way.Is there something related to skilled or highly skilled there.
I have gone through lot of threads regarding the same, and saw people suggesting showing the work exp letter to DIAC after invitation to consider that exp But it is difficult to take that expcept your sincere opinion.


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## MarkNortham (Dec 19, 2012)

Hi -

I have no idea what your agent is talking about. There is a date by which a skills assessor deems you as "skilled", which apparently was Jan 2011 based on what you've said. I would need to do a complete assessment of your case to give you specific advice. "Highly skilled" is not terminology that a skills assessor would typically use in terms of what date you became "skilled" for Australia - there is such a thing as a "highly skilled visa" for the UK, but not for Australia.

I'll say it again... you (or your agent) need to contact ACS and ask the question about why they apparently determined you as skilled only from Jan 2011. There is a specific answer that is specific to your case - that's what you need to determine the best course forward - the rest is just guessing, and that's not good info to make migration plans based on.

Hope this helps -

Best,

Mark Northam


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## sweettruegod (Aug 7, 2013)

MarkNortham said:


> Hi -
> 
> I have no idea what your agent is talking about. There is a date by which a skills assessor deems you as "skilled", which apparently was Jan 2011 based on what you've said. I would need to do a complete assessment of your case to give you specific advice. "Highly skilled" is not terminology that a skills assessor would typically use in terms of what date you became "skilled" for Australia - there is such a thing as a "highly skilled visa" for the UK, but not for Australia.
> 
> ...


Thanks alot mark...will do as suggested by you.

Thanks


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## jayantsit (Aug 8, 2013)

Hello Mark,

Please advice us on 261312 which was applied for NSW and still we didn't get any update...do we need to withdraw the EOI otherwise NSW will accept pipeline applications...


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## MarkNortham (Dec 19, 2012)

Hi Jayantsit -

NSW Skilled Migration has not provided guidance on specifically how they will handle pipeline applications lodged but not decided prior to 5 Aug 2013. They suggest checking back with their website (they won't discuss it by phone or email) to see when they post updated info:

*NSW appreciates that this announcement will concern many applicants who have already applied for nomination to date. We are seeking further clarification from DIAC on how this announcement will affect nomination applications that are currently being assessed.

We will not be able to provide any further guidance to you until DIAC provides further information.

We assure you that we will be updating this website with further guidance as soon as possible. Please continue to check this website. We will not be able to provide any further information by phone or email.

We would encourage you not to withdraw your application until we are able to provide more specific information.*

Here's the link:
State Migration Plan - NSW Trade & Investment: Business in NSW

Best,

Mark Northam


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## jayantsit (Aug 8, 2013)

MarkNortham said:


> Hi Jayantsit -
> 
> NSW Skilled Migration has not provided guidance on specifically how they will handle pipeline applications lodged but not decided prior to 5 Aug 2013. They suggest checking back with their website (they won't discuss it by phone or email) to see when they post updated info:
> 
> ...


Hello Mark

Thank you very much for sharing the information...


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## unnat_upadhyay (Aug 12, 2013)

Hi Mark,

Any idea/guess by when NSW SS for ICT candidates will be open. People who applied and already received acknowledge number is in stress now. Its already one week now. My ACS is also getting expire in Dec 2013. So any idea when SS application processing will be resume ?

Unnat


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## Happy75 (Aug 10, 2013)

unnat_upadhyay said:


> Hi Mark,
> 
> Any idea/guess by when NSW SS for ICT candidates will be open. People who applied and already received acknowledge number is in stress now. Its already one week now. My ACS is also getting expire in Dec 2013. So any idea when SS application processing will be resume ?
> 
> Unnat


Hi Unnat,
There is no information available uptil now. What Mark Notham forwarded the response from Diac, it says that Diac is going to review with all stakeholders about all this and I think that information will be released after their meeting. Fingers cross 
Cheers


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## jayprabu (Aug 12, 2013)

Hello All,
My friend had his skills assessed by ACS for 6 years and 9 months last year.
Now he has completed 8 years. He still continues the same job.

We are able to provide all the documents for this 1+ year of experience.
Will DIAC accept if he claims points for 8 years? Is he supposed to get his skills reassessed by ACS? If so, 2 years will be reduced and he will be short of 5 points. ACS report is valid for 1 more year. Does ACS rule change will affect his report?

Sorry for too many questions. But we are afraid to apply


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## gyan (Aug 12, 2013)

Hi Mark,

I have applied on 1st Aug for 190 state sponsership and waiting for clarification from DIAC. 

1. Do you see any hope for candidates like me in waiting for 190 or would you advise to appear for IELTS again to try for higher band? 

2. Have you got any official information on decision about 190 state sponsership yet?


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## MarkNortham (Dec 19, 2012)

Hi Gyan -

No further info from NSW yet - that's the key to the entire thing. I would go for higher IELTS anyway just in case you end up needing it.

Best,

Mark Northam


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## Achin (Aug 14, 2013)

Hello Mark,

thanks a lot for your guidance, I understand you have huge experience hence directing this question to you. 

1. As per your experience, has it ever happened that rules are applied retrospectively ?
2. If DIAC applies this rule to the clients who's application is waiting with State due to this new rule, will Mara agents refund the fees charged by clients ?
3. Can state have their say in DIAC's new rule because I guess state need to refund the fees of the client which will be a good amount to pay off. 

Thanks for your time.

Achin


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## MarkNortham (Dec 19, 2012)

Hi Achin -

Thanks for the note - thoughts below:

1. Yes.

2. That's up to the individual agent involved and whether there's a refund clause in the contract, etc. In theory, if an agent has already completed his/her work in preparing and lodging the state sponsorship application , then I'm not sure if it makes sense to expect a refund since the contracted work has been done. If on the other hand a contract was made for an entire visa process (ie, state sponsorship + visa application) and new conditions make the visa application part of the contract impossible to perform, and the work has not yet been done by the agent for that part, then I would think it would be reasonable to refund any fees paid to the agent for that portion of the work since that portion cannot be done due to the changes. This is why our agency breaks skilled visa contract payments up into different sections (ie, skills assmt, state sponsorship application, visa application) so if something happens and the client can no longer continue, they haven't paid in advance for anything that cannot now be completed.

3. While the states cannot nominate any further candidates, I would think that the states will/should provide application fee refunds to applicants for applications which have not been processed or finalised due to the new rules from DIAC. It's up to each state to decide if and how they will handle refunds - ACT has already announced they will provide refunds (see their website for details); NSW has not yet announced their policy as of the last time I checked their website.

Hope this helps -

Best,

Mark Northam


----------



## Achin (Aug 14, 2013)

Hello Mark, 

Thanks a lot for your reply and helping thousands of people like me who are seeking for information. 

Yes ACT was the first one to update this news, moreover they are saying its up-to the applicant if they would like to withdraw the applications and claim a refund.

It is going to be around 2 weeks and there is no official declaration either from DIAC or states and all sorts of rumors are spreading around. Hence asking these question to you. 

1) Does this new rule mean clients who are on hold due to the recent change in rules will be the major sufferer or do you still see a ray of hope for them? 

2) In context to clients who are on hold can the rule be interpreted as "State will nominate, will give 5 points, and inform DIAC. DIAC will invite these clients as per their bimonthly invite, which will be at par with 189 visa.

3) Or State will not award any points to clients who falls under these 6 categories, effect from 5th aug which means to all new clients (as they are not accepting new applications) and all clients who are on hold.

awaiting for your reply.

Regards,
Achin


----------



## MarkNortham (Dec 19, 2012)

Hi Achin -

Until DIAC makes an official announcement about this with more details and clarity than they have so far, it's unclear what chances (if any) people who applied for state sponsorship under the 190 program have. The references to states nominating people on a case-by-case basis is vague and lacking in details, especially whether or not such a nomination would grant 5 points or not. My guess is that there are so few positions left for these occupations, that 60 points incl. state nomination points if given, may not be enough as people with higher scores would be preferred under the 189 regime. So whether or not a person could get 5 state nomination points may be meaningless if there are a very few spots and a higher number of 65 and over points scoring applicants either now, or who apply before the end of the program year next June since new applicants with a higher points score will take precedence over existing applicants (including those referred by states) with a lower points score.

The entire episode smacks of a last-minute decision by DIAC with no advance notice to anyone including the states, where the details have yet to be worked out by DIAC and by the states and applicants are left waiting and hoping that the details of how these new rules will be implemented will offer some hope. At this point though, for applicants in these occupations who have applied for a 190 with a score of 55 points (without sponsorship), I do not see much hope that an invitation will be made. Again, this is because of the few spots remaining in the program for these occuaptions and DIAC's decision to essentially award these to the highest scoring 189 applicants in small numbers divided up over the rest of the year.

Best,

Mark Northam


----------



## forkan (Aug 14, 2013)

I hope you got your answer by now.........


----------



## koolgoose (Aug 14, 2013)

*Query - SS*

Hi Mark,

Can you please advise on my case. I have lodged SS/EOI on 15th July and have 70 points with SS. My job code is 261314 - Software Tester.

In my case 261314 is on CSOL and not on SOL list. Hence with DIAC stopping SS invites the gates for 261314 are totally closed whereas other jobcodes are still able to get through 189 visa by getting invites though pro rata.

Please can you advise what should be done in my case as DIAC is still willing to process applications for 2613 with high no of points but somehow it closes all options for me.


----------



## MarkNortham (Dec 19, 2012)

Hi Koolgoose -

Unless the state you applied for has some sort of arrangement with DIAC where they can put through any further nominations, I don't see a way through for you with this occupation code. DIAC has yet to make an official announcement, and the states are offering few details on this, refusing to discuss it by phone or email, and just saying "keep checking the website". I would be checking with the state you applied for very frequently to see if they can do anything, but since your occupation is not on the SOL list, there would seem to be no way to get a 189 visa, and they've closed down the 190 visa nomination process. 

Sorry I don't have better news for you -

Best,

Mark Northam


----------



## auslove (Aug 9, 2013)

MarkNortham said:


> Hi Gyan -
> 
> No further info from NSW yet - that's the key to the entire thing. I would go for higher IELTS anyway just in case you end up needing it.
> 
> ...


Hi Mark,

i have applied for nsw ss on 2-07-13 but as we all know that DIAC new policy for ICT occupations and till today no update from DIAC or States iam tensed wat will happen to pipelined applications as i got ACk number from NSW on 11-07-13.

I have my Brother in Law in Victoria and he is ready to sponser me.Currently iam having 55 points if i get sponserd from him i will be with 65.So, wat do you suggest is it better to ss to open or should i lodge another EOI for 489 Family Sponsered visa. If i lodge another EOI for 489 wat will happen to my existing 190 EOI .

And also, as iam having points how will i get 10 points from sponsership is it after i lodge EOI or before lodging is there any form or declaration i need to get from the sponsrer and submit to DIAC where i can claim the 10 points from it.

Kindly throw light on my queries it would be very helpful


----------



## MarkNortham (Dec 19, 2012)

Hi Auslove -

Thanks for the note. First, have you confirmed that your ICT occupation is among the list of occupations that were affected by the 5 August DIAC halt to state sponsorships for selected occupations?

Assuming yes, the 489 might just be a possibility, although it's impossible to say anything for sure since DIAC has not released sufficient details to determine how they are going to handle existing EOI's, other than to say that they will be allocated evenly among the rest of the program year. Since the 489 does not require state sponsorship in your case (you have family sponsorship), you may want to prepare an application. I cannot say whether it would get through or not since DIAC has not told us, but there was no specific reference to 489 applications in the DIAC correspondence I posted here. If you're lucky, your points test score at 65 may qualify you for an invitation - my guess is that you're competing against the entire pool of lodged EOI's (both now and throughout the year), so I don't know whether 65 will be high enough to get an invitation. Since DIAC did not refer to the 489, that also leaves open the possibility that they may say something later about how these applications will be handled.

No problem I know of having a 489 and 190 lodged at the same time. Assuming your NSW 190 state sponsorship application was not finalised as of 5 August, my guess is that it is unlikely that it will be (unless NSW and/or DIAC decide to announce otherwise). You might consider leaving that one in and lodging the family-sponsored 489 just to have an alternative way in lodged. As to the chances of success, it's impossible to tell - we just don't have enough information from DIAC to be able to determine that.

Hope thsi helps -

Best,

Mark


----------



## jayantsit (Aug 8, 2013)

Hi Mark,

I don't know whether it is rumor or real ... we are listening some news from different forums that DIAC reconsider the decision of AUG 05 and all states are accepting suspended occupation list shortly....even ACT is going to tell about the pipeline application decision by next week.. bit anxiety on the decisions...could you please share anything updates on above specified...\



Regards


----------



## MarkNortham (Dec 19, 2012)

I've heard nothing but rumours - some of the same you've heard. Best to be patient and keep a close eye on all relevant websites.

Best,

Mark Northam


----------



## MarkNortham (Dec 19, 2012)

IMPORTANT UPDATE

Just received the following from DIAC via The Migration Alliance, one of our industry groups:

*In the first month of the 2013-14 program year, a significant proportion of available places were again used up for these six occupational groups and it was determined that the ceilings would again be met, but even earlier than in the previous program year. Based on the high numbers of Expressions of Interest (EOIs) being submitted for these occupational groups, the decision was therefore made to move to a pro rata allocation of the remaining places to allow limited numbers of the most highly skilled workers in these occupations to apply for a visa throughout 2013-14. In discussions with states and territories, they have suggested alternative approaches in order to allow state and territory nominations for these occupations as well as invitations for skilled independent migrants and we are currently working with them to develop an acceptable solution which will allow both independent skilled and state and territory nominated migrants from these occupational groups for the remainder of the 2013‑14 program year.

I would emphasise that there will be no change to the total number of places available for these six occupational groups under their occupational ceilings. The focus is on ensuring that the limited remaining places in these occupational groups are not exhausted early in the year. The situation outlined in the email below (ie: having no one from these occupational groups being able to be invited for 11 months) is exactly what we have been trying to avoid and if the current limitations had not been introduced by DIAC, some occupational ceilings would have already been reached and the others would be very close to being reached. When the new arrangement with the states and territories is finalised, it will be announced in the updated invitation round report on the SkillSelect website (SkillSelect) and information about the specific cut off points scores for these occupational groups under the new arrangements will also be included in this report.*

It would appear there is still a possibility of state sponsorship nominations for the affected occupations - we'll have to wait to see how things work out between DIAC and the states. The incorporation of "specific cutoff points scores" per occupation will be very interesting.

Hope this helps all who have been affected by these recent events.

Best,

Mark Northam


----------



## Mike alic (Aug 12, 2013)

thanks mark. appreciate your updates.

may I know usually how often these reports are published?


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## Happy75 (Aug 10, 2013)

Hi Mark,
You are really doing great job by keeping us up to date about this information. Those who are affected from this decision they are certainly in very bad condition?
Anyways, what are your thoughts or speculations about specific cutoff point scores? Do you think that there is a chance that they will set higher score above than 55 for state nomination..
Thanks


----------



## auslove (Aug 9, 2013)

MarkNortham said:


> Hi Auslove -
> 
> Thanks for the note. First, have you confirmed that your ICT occupation is among the list of occupations that were affected by the 5 August DIAC halt to state sponsorships for selected occupations?
> 
> ...


Hi Mark,

Tank u for the information. One more thing i wanted to clarify is that 489 relative sponser visa will also fall in the new rule for ICT occupation 2613 or not. I have positive assesment from ACS for 9 years. with that i have totall 55 points and if i apply for 489 i will be at 65 points . Wanted to clarify that if i apply EOI now for 489 with 55(total-55+10=65) will i be invited or wait till the gates or opened for the Suspended ICT occupations.

Hope you have understood my Query.


----------



## auslove (Aug 9, 2013)

MarkNortham said:


> Hi Auslove -
> 
> Thanks for the note. First, have you confirmed that your ICT occupation is among the list of occupations that were affected by the 5 August DIAC halt to state sponsorships for selected occupations?
> 
> ...


Hi Mark,

Tank u for the information. One more thing i wanted to clarify is that 489 relative sponser visa will also fall in the new rule for ICT occupation 2613 or not. I have positive assesment from ACS for 9 years. with that i have totall 55 points and if i apply for 489 i will be at 65 points . Wanted to clarify that if i apply EOI now for 489 with 55(total-55+10=65) will i be invited or wait till the gates or opened for the Suspended ICT occupations.

Hope you have understood my Query.


----------



## auslove (Aug 9, 2013)

Day by day things are getting worst. we were eagerly waiting for the Aug 19 round of invitations to get some idea regarding the CUTOFF points and prorata allocation but before that only we got a note stating that there wont be no ivitations for the 6 occupations till sep2.

Can anyone predict wat will happen to 60 pointers like me . i have applied EOI on Jul 2nd with 55+5 SS total=60. and sent the Documents to NSw and received ACk on JUl 11th. 
By this current Scenario iam loosing Hopes.


----------



## jayantsit (Aug 8, 2013)

auslove said:


> Day by day things are getting worst. we were eagerly waiting for the Aug 19 round of invitations to get some idea regarding the CUTOFF points and prorata allocation but before that only we got a note stating that there wont be no ivitations for the 6 occupations till sep2.
> 
> Can anyone predict wat will happen to 60 pointers like me . i have applied EOI on Jul 2nd with 55+5 SS total=60. and sent the Documents to NSw and received ACk on JUl 11th.
> By this current Scenario iam loosing Hopes.


Auslove,

From where you got information that for suspended list not getting invitations for coming round.

Regards


----------



## auslove (Aug 9, 2013)

jayantsit said:


> Auslove,
> 
> From where you got information that for suspended list not getting invitations for coming round.
> 
> Regards


Hi,

Visit Diac site and goto skill select there u will find Invitation round Aug 19, where u can find clearly about the information.

i cannot paste the link here. for that i have given the info above where u cn find the Authenticity of the information i have posted in earlier.


----------



## auslove (Aug 9, 2013)

Invitation Round on 19 August 2013

Announcement, Newsflash, Other, Quick reference for skilled workers, System Update .Aug 15 2013. 


Please note that there will be no invitations issued for the following occupations in the upcoming invitation round on 19 August 2013. The department is currently working on arrangements for the allocation of the remaining places for these occupations and we expect to be able to issue invitations for these occupations in the next invitation round on 2 September 2013. 



The occupational groups affected are:

2331 Chemical and Materials Engineers

2334 Electronics Engineers

2339 Other Engineering Professionals

2611 ICT Business and Systems Analysts

2613 Software and Applications Programmers

2633 Telecommunications Engineers 

The above information is published in the diac Site in Skillselect.
Hope jayantsit u got the answer.


----------



## jayantsit (Aug 8, 2013)

auslove said:


> Invitation Round on 19 August 2013
> 
> Announcement, Newsflash, Other, Quick reference for skilled workers, System Update .Aug 15 2013.
> 
> ...


Is this applicable to 189 folks also ???


----------



## MarkNortham (Dec 19, 2012)

It appears the hold on invitations would extend to the 189 based on the way it is worded. It is unclear as to how family-sponsored 489's will be handled, but I would expect that if 189's are on "hold" for these occupations, the same would be true for 489's. All we can do is wait to see what DIAC comes up with next while they "work it out". 

Best,

Mark Northam


----------



## Achin (Aug 14, 2013)

MarkNortham said:


> It appears the hold on invitations would extend to the 189 based on the way it is worded. It is unclear as to how family-sponsored 489's will be handled, but I would expect that if 189's are on "hold" for these occupations, the same would be true for 489's. All we can do is wait to see what DIAC comes up with next while they "work it out".
> 
> Best,
> 
> Mark Northam


Thanks Mark,

We would be eagerly waiting for your interpretation of these new rules when they are released by DIAC. I think by next week we should get an insight about new rules of State Sponsorship (new as well as cases on hold) and 189. 
Please do post any new information as soon as you have them as all clients who are caught in these new turmoil are anxiously waiting for your words.

Regards,
Achin


----------



## MarkNortham (Dec 19, 2012)

Will do, Achin. Hopefully DIAC and the states will let us know what the new "rules" are so we all can know how to best proceed.

Best,

Mark Northam


----------



## Mike alic (Aug 12, 2013)

MarkNortham said:


> Will do, Achin. Hopefully DIAC and the states will let us know what the new "rules" are so we all can know how to best proceed.
> 
> Best,
> 
> Mark Northam


Hi Mark.

thanks for updates. . just wanted to check, when the report will be published for 19 August? is it after one week?

Thanks


----------



## cecilia28 (Aug 12, 2013)

normally report will be published in diac after a week...


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## urn (Aug 13, 2013)

Hi Mark,

Thank you for your all helpful info. 

Can I email NSW requesting to speed up my SS application which was lodged on 29th July? I know it won't take so long to approve as I have applied as System Admin. However, my visa expiry date is 6th September. Please advise whether I have to wait or shoot on the dark.....
Thanks in advance


----------



## MarkNortham (Dec 19, 2012)

Hi -

Probably doesn't hurt to ask - you might ask them for "priority processing" as your current visa is expiring. Chances of getting them to approve this? Hard to say. You might also check the NSW Skilled Migration site for any requirements for priority processing.

Best,

Mark


----------



## urn (Aug 13, 2013)

MarkNortham said:


> Hi -
> 
> Probably doesn't hurt to ask - you might ask them for "priority processing" as your current visa is expiring. Chances of getting them to approve this? Hard to say. You might also check the NSW Skilled Migration site for any requirements for priority processing.
> 
> ...


Hi Mark,

I really appreciate you response.

I am thinking to write an email replying the acknowledge letter specifying the visa detail. However, I am thinking of writing very polite and impressive way showing up the situation rather than requesting to hurry up for approval process. I will keep you posted on this. One thing I would like to add on this post is, is someone can estimate of my application approval as a System Admin applied on 29th of July and received on 30th. I got exactly two weeks to visa expiry. Any Mercy on me?

Thank and just like to mention that you are really helpful.

Cheers


----------



## MarkNortham (Dec 19, 2012)

Hi Urn -

If I were you I would be looking into other visa options if you want to remain in Australia while awaiting an invitation - even if you received an approval today, 2 weeks is a very short amount of time to put together everything needed to make a visa application, and in some cases NSW skilled migration's processing times recently have been measured in months, not weeks.

Nonetheless, a nice letter wouldn't hurt - and just might help if you're extremely lucky!

Best,

Mark Northam


----------



## Achin (Aug 14, 2013)

MarkNortham said:


> Will do, Achin. Hopefully DIAC and the states will let us know what the new "rules" are so we all can know how to best proceed.
> 
> Best,
> 
> Mark Northam


Hey Mark,

Hope you are doing good. Any news or information about the State Process, any clue about when the new rules are coming ? Did you get any sneak peak of these new rules.

We are all waiting with finger crossed.

Thanks, 
Achin


----------



## MarkNortham (Dec 19, 2012)

Hi Achin -

Nothing new since my last update - they didn't give any agents a look before they dumped this on us - no consultation with industry organisations or other stakeholders at all apparently.

Best,

Mark Northam


----------



## Achin (Aug 14, 2013)

MarkNortham said:


> Hi Achin -
> 
> Nothing new since my last update - they didn't give any agents a look before they dumped this on us - no consultation with industry organisations or other stakeholders at all apparently.
> 
> ...


Hi Mark,

That's not good, if they are buying time they should consult with all stakeholders and industry organizations. Hope they come up with something sustainable and good rule.

Thanks,
Achin


----------



## jayantsit (Aug 8, 2013)

Hello Mark,

Any updates from DIAC or NSW...Please share any latest updates from DIAC or NSW..

Regards,


----------



## MarkNortham (Dec 19, 2012)

Hi -

Nothing more yet. NSW refuses to discuss the issue by phone or email, and only directs people to its website here:

State Migration Plan - NSW Trade & Investment: Business in NSW

Best,

Mark Northam


----------



## Mike alic (Aug 12, 2013)

Hi Mark

there is update from NSW.

Suspended occupations* on NSW State Migration Plan

Due to the current imposition of pro-rata occupation* ceilings to certain occupation groups, announced by DIAC on 05 August 2013, NSW* is currently not accepting applications in the following categories:Other Engineering Professional - 2339Software and Applications Programmers - 2613Occupations that are* 'SUSPENDED' cannot be accepted until further notice.

Any idea how it will impact pipeline applications. .

thanks


----------



## MarkNortham (Dec 19, 2012)

Yup - the question of course is what about the other occupation groups that DIAC told the states they can no longer make nominations for as of 5 August 2013? If they're not suspended will NSW accept applications for them, even though they (apparently) cannot make any further nominations? It's a huge unanswered question. The fact that the other groups are not "suspended" might indicate the possibility of more nominations being allowed, but there's simply not enough information posted yet to know anything for certain.

Best,

Mark Northam


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## koolgoose (Aug 14, 2013)

NSW has listed two codes only because they only State Nominate these two codes out of the six codes that have been stopped for State Nominations


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## MarkNortham (Dec 19, 2012)

Good point - looking at the latest Aug 2013 list they just published, the other 4 groups are not listed. As state nominations have been halted by DIAC for all 6 groups, it will be interesting to see how the other states handle this.

Best,

Mark Northam


----------



## Happy75 (Aug 10, 2013)

MarkNortham said:


> Good point - looking at the latest Aug 2013 list they just published, the other 4 groups are not listed. As state nominations have been halted by DIAC for all 6 groups, it will be interesting to see how the other states handle this.
> 
> Best,
> 
> Mark Northam


Hi Mark,
I would appreciate if you can answer my query?
Is it legal to lodge EOI with 55 points for visa 189? And if 5 points will be gained by any mean, can it be updated? 
Will Visa Officer object on the date of submission of EOI and when it reaches to 60 points as both have different times? 
Thanks


----------



## MarkNortham (Dec 19, 2012)

Hi Happy75 -

It's not a matter of legal or not, as an EOI lodgement is not a visa application - it's more like posting your resume online. There is little benefit to lodging a 189 EOI with 55 points, since invitations are issued without any notice and you would have to have at least 60 points at the time of invitation. I suppose you could put an EOI like that in if you wanted to and the system allowed it, and you could update it later if you wanted to, but whether is is allowed comes down to whether the DIAC system will let you do it or not. The magic moment is the date of invitation - if you do not have sufficient points at that point, or cannot provide evidence to prove you have the points you claim you have, then it's unlikely that the subsequent visa application will be approved. Where this really gets expensive is when an applicant realises they don't have the proper points (or evidence such as proper work reference letters, etc) after the invitation has been received and the application has been lodged (and $3,060 paid). The applicant is left with 2 choices: withdraw the application, or get a refusal - neither of these options provide refunds!

Hope this helps -

Best,

Mark Northam


----------



## Happy75 (Aug 10, 2013)

MarkNortham said:


> Hi Happy75 -
> 
> It's not a matter of legal or not, as an EOI lodgement is not a visa application - it's more like posting your resume online. There is little benefit to lodging a 189 EOI with 55 points, since invitations are issued without any notice and you would have to have at least 60 points at the time of invitation. I suppose you could put an EOI like that in if you wanted to and the system allowed it, and you could update it later if you wanted to, but whether is is allowed comes down to whether the DIAC system will let you do it or not. The magic moment is the date of invitation - if you do not have sufficient points at that point, or cannot provide evidence to prove you have the points you claim you have, then it's unlikely that the subsequent visa application will be approved. Where this really gets expensive is when an applicant realises they don't have the proper points (or evidence such as proper work reference letters, etc) after the invitation has been received and the application has been lodged (and $3,060 paid). The applicant is left with 2 choices: withdraw the application, or get a refusal - neither of these options provide refunds!
> 
> ...


Thanks a lot for suggestion


----------



## jayantsit (Aug 8, 2013)

Hello Mark,

Can we expect any updates from NSW by next week...otherwise we have to wait for long time regarding pipeline applications....


Regards


----------



## MarkNortham (Dec 19, 2012)

Hi Jayantsit -

Your guess is as good as mine. They're keeping agents in the dark about the specifics of this just like everyone else. Wish I had something better to report here.

Best,

Mark Northam


----------



## jayantsit (Aug 8, 2013)

MarkNortham said:


> Hi Jayantsit -
> 
> Your guess is as good as mine. They're keeping agents in the dark about the specifics of this just like everyone else. Wish I had something better to report here.
> 
> ...


Hello Mark,

This is just my prediction... the only option left for states... if they want to process all the pipeline applications...they have to add 5 points to the pipeline applications and pull all the applications to the pool ...no other options are visible to give perfect justice to the pipeline applications...hoping for the positive result... please provide new updates from NSW or DIAC.

Regards,


----------



## MarkNortham (Dec 19, 2012)

Problem is, the states cannot "add points" other than through nomination, and nomination has been halted. Perhaps DIAC will allow nominations without an invitation, as you suggest - that would certainly be one solution, but we then get into legal issues where DIAC is constrained by the legislation as to what they can and cannot do. State sponsorship authorities have fewer regulations restricting what they do. However, if there are already "too many" people with 60 points in the 189 pool for the number of places left, adding more people with 60 points from the previous state sponsorship pool doesn't give those people much of a chance. Based on the language for the last update, I expect DIAC is going to establish a higher cutoff point (maybe 65 or 70 points?) for those occupations and only provide invitations to people who achieve those points. If that happens, 55 points plus a gift of 5 points from the state for those pipeline 190 applications won't help those applications at all, unless the applicants then go get higher IELTS, etc to boost their score. At least if the states give the 5 points those applicants are still "in the game", but I'll bet they'll have to get higher than 60 points to have any real chance of getting one of those few places remaining. The 5-point state "gift" also lets the states avoid refunding application fees!

Best,

Mark Northam


----------



## jayantsit (Aug 8, 2013)

MarkNortham said:


> Problem is, the states cannot "add points" other than through nomination, and nomination has been halted. Perhaps DIAC will allow nominations without an invitation, as you suggest - that would certainly be one solution, but we then get into legal issues where DIAC is constrained by the legislation as to what they can and cannot do. State sponsorship authorities have fewer regulations restricting what they do. However, if there are already "too many" people with 60 points in the 189 pool for the number of places left, adding more people with 60 points from the previous state sponsorship pool doesn't give those people much of a chance. Based on the language for the last update, I expect DIAC is going to establish a higher cutoff point (maybe 65 or 70 points?) for those occupations and only provide invitations to people who achieve those points. If that happens, 55 points plus a gift of 5 points from the state for those pipeline 190 applications won't help those applications at all, unless the applicants then go get higher IELTS, etc to boost their score. At least if the states give the 5 points those applicants are still "in the game", but I'll bet they'll have to get higher than 60 points to have any real chance of getting one of those few places remaining. The 5-point state "gift" also lets the states avoid refunding application fees!
> 
> Best,
> 
> Mark Northam


So if DIAC establish higher cut off then 189 pool applicants who have 60 points also suffer...even onshore applicants will lose hope on DIAC system and policies ... it will impact a more if they establish new points system for the suspended occupation list...


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## MarkNortham (Dec 19, 2012)

I agree, Jayantsit. They hinted at "new cutoff points scores" regarding how they were going to issue invitations for the few remaining places for the 6 occupation groups, but we have no definite data yet. What might happen is that all the 190 applicants who didn't get an invitation for the 190 may be dumped into the same pool with the 189 applicants for that application, then the highest points test scores win. But hard to say at this point, we only have bits and pieces of information, certainly nothing definite that one could plan on.

Also, don't forget that the labor unions in Australia are spending a great deal of money in publicity, etc trying to make the case that there are too many foreign workers in Australia, and that the 457 system is being taken advantage of while Australian tradespeople go without jobs. To be blunt, given the current Labor government who is beholden to the unions, the government has every reason to make things hard for foreign workers and reduce the number of employment/work visas issued, as that makes their union masters happy.

Best,

Mark Northam


Best,

Mark Northam


----------



## koolgoose (Aug 14, 2013)

I received Vic SS rejection today for Software Tester job code. I thought the SS were on hold for now. Not sure if someone else have received the same. Please let me know? I had 70 points including State nomination


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## MarkNortham (Dec 19, 2012)

Hi Koolgoose -

What specific reason(s) were given for the refusal? 

Best,

Mark Northam


----------



## koolgoose (Aug 14, 2013)

Nothing specific but a generic email that your profile was reviewed individually and we regret to inform that not able to nominate etc....
I think this is the standard template that they send out when they are refusing.


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## MarkNortham (Dec 19, 2012)

Hard to say why they may have refused it - more and more states are looking for things like "your commitment to live in our state" and mushy things like that that have no specific black & white requirements.

Best,

Mark Northam


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## newbie (Jul 28, 2013)

*Hi*



MarkNortham said:


> Hi Vijesh -
> 
> The way I read the announcement, you're OK, as the state was able to nominate you and DIAC issued you an invitation as a result of that acknowledgement. That being said, I would keep an eye on the news in case that's not the case.
> 
> ...


Hi
I have lodged Visa application on 28th June 2013 for 190 state nominated Visa - WA. I didn't received any response from the case officer till date. What is the normal lead time to get feedback or response from the case officer. Please guide me.
new bie


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## MarkNortham (Dec 19, 2012)

Hi Newbie -

Can be many weeks currently for acknowledgement - we're seeing more and more delays in the permanent skilled processing timeline, so as long as you're sure the application made it to them (I'm sure you used a courier or postal service with proof of delivery date?) then all you can do is wait. Wish I had better news!

Best,

Mark Northam


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## Achin (Aug 14, 2013)

MarkNortham said:


> Hi Newbie -
> 
> Can be many weeks currently for acknowledgement - we're seeing more and more delays in the permanent skilled processing timeline, so as long as you're sure the application made it to them (I'm sure you used a courier or postal service with proof of delivery date?) then all you can do is wait. Wish I had better news!
> 
> ...


Hi Mark,

Finally ACT came up with announcement that they are starting the process again by 03rd Sep.
Important DIAC Announcement - Canberra - Create your future

But any idea about what pro rata means ?

Thanks, 
Achin


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## jayantsit (Aug 8, 2013)

Hello Mark,

ACT released the status of suspended list. If you have any update on NSW please share the status and even please clear our doubt on pro data process.

Regards,


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## aashu4uiit (Aug 28, 2013)

GUYS ,

Check NSW Website

NSW Reopens SS check this out ..... i got so much of info on this forum so thought let me share this one. Still going through details not sure what will happen to pipelined applicatns but
Software Engineer, Analyst Programmer,Developer Programmer are SUSPENDED in NEW LIST.SAD

Mark , 

Looking for your inputs on existing 2613 Applicants , I only see the old notice on NSW Site which says " We are seeking further clarification from DIAC on how this announcement will affect nomination applications that are currently being assessed."



SOFTWARE ENGINEER (261313), IELTS : L=7.5 R=7 W=6.5 S=6.5 ALL=7 ACS Applied: 17-04-13, ACS Approved: 11-07-13),SS Applied: 12-7-13, SS ACK:15-7-13


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## jayantsit (Aug 8, 2013)

aashu4uiit said:


> GUYS ,
> 
> Check NSW Website
> 
> ...


aashu,

Still NSW not yet updated the status. The information you are looking is updated by NSW couple of days back.. please hold on...might be tomorrow they are going to update...

Regards,


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## aashu4uiit (Aug 28, 2013)

You mean 190 they opened few days back ? 

New South Wales welcomes eligible individuals to apply for nomination under the Skilled Nominated (subclass 190) visa. 

Sorry then , but yes still no signs of what will happen to existing applications 

SOFTWARE ENGINEER (261313), IELTS : L=7.5 R=7 W=6.5 S=6.5 ALL=7 ACS Applied: 17-04-13, ACS Approved: 11-07-13),SS Applied: 12-7-13, SS ACK:15-7-13


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## jayantsit (Aug 8, 2013)

aashu4uiit said:


> You mean 190 they opened few days back ?
> 
> New South Wales welcomes eligible individuals to apply for nomination under the Skilled Nominated (subclass 190) visa.
> 
> ...


Few days back the site was updated...just wait for couple of days...we will get the clear picture.


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## Happy75 (Aug 10, 2013)

koolgoose said:


> I received Vic SS rejection today for Software Tester job code. I thought the SS were on hold for now. Not sure if someone else have received the same. Please let me know? I had 70 points including State nomination


Hi koolgoose,
Sorry to hear about your refusal. I think with 65 points ull get easily PR. when did u lodge ur application?


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## Achin (Aug 14, 2013)

Achin said:


> Hi Mark,
> 
> Finally ACT came up with announcement that they are starting the process again by 03rd Sep.
> Important DIAC Announcement - Canberra - Create your future
> ...


Hey Mark !

Eagerly waiting for any news/update you have, please let us know and help the community.

Thanks,
Achin


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## Mike alic (Aug 12, 2013)

Hi Mark

here is update from DIAC

We have continued to receive high numbers of EOIs from people in the following six occupations:·*********2331 Chemical and Materials Engineers;·*********2334 Electronics Engineers;·*********2339 Other Engineering Professionals;·*********2611 ICT Business and Systems Analysts:·*********2613 Software and Applications Programmers; and·*********2633 Telecommunications Engineers.Due to this high level of demand, there will be limitations on the number of invitations issued for the remainder of the 2013-14 program year.From 2 September 2013, half of the remaining places will be allocated for state or territory government nominations and the other half will be allocated for the invitation rounds for Skilled Independent and Skilled Regional (Provisional).* These arrangements will be reviewed and we will advise if there is to be any change in the future.

So SS will divide remaining places into next 10 months? or how it will go?

Appreciate your expert opinion on this matter ...


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## Happy75 (Aug 10, 2013)

Mike alic said:


> Hi Mark
> 
> here is update from DIAC
> 
> ...


Hi Mike,
Thanks for updating. Can you please advise the link or page from where it has been published?
Thanks 
Seems it's a good news. Fingers Cross


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## Mike alic (Aug 12, 2013)

Happy75 said:


> Hi Mike,
> Thanks for updating. Can you please advise the link or page from where it has been published?
> Thanks
> Seems it's a good news. Fingers Cross


I cant paste url, so replace [dot] with .

skillselect[dot]govspace[dot]gov[dot]au/2013/08/29/allocations-for-six-occupations-from-2-september-2013/


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## jayantsit (Aug 8, 2013)

Now the questions are below.

1. How many occupations filled in NSW for the following occupations.

Other Engineering Professional - 2339
Software and Applications Programmers - 2613

2. As per the DIAC statement, half of the remaining places will be allocated for state or territory government nominations

Still how many occupations left for the 2 occupations. How much quota is given to NSW

3. So, States are doing same old process of nominating and after that going to the pool

I believe for all the pipeline applications will be process and will get their SS letters shortly.. lets see


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## Happy75 (Aug 10, 2013)

jayantsit said:


> Now the questions are below.
> 
> 1. How many occupations filled in NSW for the following occupations.
> 
> ...


Hi Jayantsit,
Roughly more than 3000 places were left for Software occupation and there are 8 states. I don't know how many are sponsoring for ICT occupations. So around 1500 seats will be handed over to all states and then what quota every state gets, it's a point need to be revealed. 
I read carefully ACT nomination guideline policy yesterday (which I believe the most recent and updated one), it's written that invitations will be sent directly as it was happening before.


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## Mike alic (Aug 12, 2013)

Happy75 said:


> Hi Jayantsit,
> Roughly more than 3000 places were left for Software occupation and there are 8 states. I don't know how many are sponsoring for ICT occupations. So around 1500 seats will be handed over to all states and then what quota every state gets, it's a point need to be revealed.
> I read carefully ACT nomination guideline policy yesterday (which I believe the most recent and updated one), it's written that invitations will be sent directly as it was happening before.


If i am not mistaken only ACT, VIC and NSW for 2613 are sponsoring now.


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## jayantsit (Aug 8, 2013)

Mike alic said:


> If i am not mistaken only ACT, VIC and NSW for 2613 are sponsoring now.


yes only 3 states ... need to see how much % of applications left for every state...


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## Happy75 (Aug 10, 2013)

jayantsit said:


> yes only 3 states ... need to see how much % of applications left for every state...


NSW has less number of limitation than Vic and ACT so they already get few applications than NSW. 
Last year Nsw nominated nearly 2800 applicants during the whole while this year only in a month it sent more than 800 nominations. a very big number


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## jayantsit (Aug 8, 2013)

Happy75 said:


> NSW has less number of limitation than Vic and ACT so they already get few applications than NSW.
> Last year Nsw nominated nearly 2800 applicants during the whole while this year only in a month it sent more than 800 nominations. a very big number


NSW can understand how many can process and how many cant process right... is there any separate quota for individual occupations...like Software Engineer some XX and Developer programmer some XX...hope for the best...big puzzle...


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## Happy75 (Aug 10, 2013)

jayantsit said:


> NSW can understand how many can process and how many cant process right... is there any separate quota for individual occupations...like Software Engineer some XX and Developer programmer some XX...hope for the best...big puzzle...


Chances are very rare that they allocate quota for different sub occupations as they treat them as a whole. So again it would be like first come first serve basis.


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## jayantsit (Aug 8, 2013)

Happy75 said:


> Chances are very rare that they allocate quota for different sub occupations as they treat them as a whole. So again it would be like first come first serve basis.


My application reached to NSW on 05 AUG 2013 and same day DIAC implemented new rules and i got mail from NSW stateing application received and appended about DIAC statement ... generally in that mail we have to get ref number and processing date... can i go back and can i ask them about the ref number now...as DIAC clarified about the suspended occupations..please advice...
applied under developer programmer and EOI date is Aug 1 2013


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## Happy75 (Aug 10, 2013)

jayantsit said:


> My application reached to NSW on 05 AUG 2013 and same day DIAC implemented new rules and i got mail from NSW stateing application received and appended about DIAC statement ... generally in that mail we have to get ref number and processing date... can i go back and can i ask them about the ref number now...as DIAC clarified about the suspended occupations..please advice...
> applied under developer programmer and EOI date is Aug 1 2013


It's better to wait and see what NSW will post on their website.
Every state has different rules. ACT introduced new rules from 3rd Sep for Limited and Closed occupations. Let's see what NSW has to announce for pipeline applications and new applicants. It's noticeable that DIAC has also stated that these occupations have limitation.
However, there's no harm if you want to email them and ask about your reference number.


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## jayantsit (Aug 8, 2013)

Happy75 said:


> It's better to wait and see what NSW will post on their website.
> Every state has different rules. ACT introduced new rules from 3rd Sep for Limited and Closed occupations. Let's see what NSW has to announce for pipeline applications and new applicants. It's noticeable that DIAC has also stated that these occupations have limitation.
> However, there's no harm if you want to email them and ask about your reference number.


I will wait for the official announcement....then request for ref number....and further clarifications


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## jayantsit (Aug 8, 2013)

Hello Mark,

Could you please share the updates from NSW. We are eagerly waiting as the invitation round will start tomorrow for all the suspended applications...


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## Suyog (Sep 9, 2013)

Hi Mark,
Myself Suyog, I have applied for NSW under state sponsorship category. I have received an acknowledgement from NSW on 29th July and below is the mail I received for acknowledgement of my application.

I have gone through the Forum and I have few doubts regarding my application.
1. Will My application get cleared, according to the present scenario?
2. What will be the approximate time frame NSW will take to proceed for giving me invitation?

Waiting for your replies on the above.

Thanks in advance.

_"Dear Mr Suyog Sampat Pagare

I refer to your recent application seeking State Nomination under the Skilled-Nominated (subclass 190) Visa received on 26/07/2013. Please note the following important information:

•We aim to process applications for NSW nomination within 12 weeks. Please note that this is only an estimate as the time frame can fluctuate depending on the volume of applications received. 
•We are currently processing applications lodged on 08 July 2013.
"_


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## Ahmedhamdan (Sep 16, 2013)

*190 nsw ss*

Hi Aliko

DIAC has informed other states that there are some occupations have reached or going to reach the ceilings and informed them to not receive any application for these occupations. So your application is under one of these occupations as below and NSW can't send you any approval until receiving new instructions from DIAC to do so. And advised to keep your application with them but on "hold".

1. Chemical and Materials Engineers
2. ICT Business and Systems Analysts
3. Electronics Engineers
4. Telecommunications Engineering Professionals
5. Other Engineering Professional
6. Software and Applications Programmers.

So you have to wait until your occupation will be available again for this immigration year. Or you have to wait till 01/07/2014 when they reset the occupations list and here you will have the priority and your application will be processed first.

Thanks


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## cecilia28 (Aug 12, 2013)

hi, i applied my eoi this year and my acs will expire in jun-14... if i will have try my luck the next round in jul-14, i will need get my skills assessed again right? but this would also mean reset in my eoi submission date  pls confirm if my understanding is correct.... tnx


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## madhu.g (Sep 20, 2013)

sweettruegod said:


> Thanks alot mark...will do as suggested by you.
> 
> Thanks


Hi ,

Did you check with ACS and question about why they apparently determined you as skilled only from Jan 2011. Did you get an acceptable reply from them.

Because, I'm also in the same situation like you. Am an ECE graduate and applied for Software Engineer. I had 9.75 years of relevant skilled experience at the time of applying to ACS. But for me also, my first 4yrs were chopped off and only the remaining 5.75 yrs was considered as skilled employment.

Result: 5 pts short of 60. applied for NSW SS on 8th Aug, but as all know no nominations were approved due to DIAC directive.

So, thought I could check with you if you were able to find any alternative!


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## sweettruegod (Aug 7, 2013)

madhu.g said:


> Hi ,
> 
> Did you check with ACS and question about why they apparently determined you as skilled only from Jan 2011. Did you get an acceptable reply from them.
> 
> ...


Hi Madhu,

I did nothing. Although if this reduction happens then I will ne on 45 points without SS. I may not get SS approval. But my agent is confident enough that nothing will be reduced. So m still waiting.


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## sweettruegod (Aug 7, 2013)

madhu.g said:


> Hi ,
> 
> Did you check with ACS and question about why they apparently determined you as skilled only from Jan 2011. Did you get an acceptable reply from them.
> 
> ...


How it is mentioned in your ACS result. Did they mention compelete exp below with a deemed date above or they deducted exp from below exp as well.


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## madhu.g (Sep 20, 2013)

sweettruegod said:


> How it is mentioned in your ACS result. Did they mention compelete exp below with a deemed date above or they deducted exp from below exp as well.


They mentioned my complete experience (9.75yrs) below with a deemed date above


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## madhu.g (Sep 20, 2013)

sweettruegod said:


> Hi Madhu,
> 
> I did nothing. Although if this reduction happens then I will ne on 45 points without SS. I may not get SS approval. But my agent is confident enough that nothing will be reduced. So m still waiting.


Oh... so you went ahead in submitting your EOI with the full experience.. !!
However, I submitted only the experience that was deemed as "skilled" by ACS as "relevent" exp in my EOI.... 

I think redoing IELTS to secure band 7 (in all section) is my only way out !!!


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## MarkNortham (Dec 19, 2012)

Hi Sweettruegod -

I hope this works out for you - one thing to note though is that the state sponsorship application process may not settle the points issue - in the end the points issue will come down to the case officer's judgement after you lodge the visa application and pay your $3,000+.

Best,

Mark Northam



sweettruegod said:


> Hi Madhu,
> 
> I did nothing. Although if this reduction happens then I will ne on 45 points without SS. I may not get SS approval. But my agent is confident enough that nothing will be reduced. So m still waiting.


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## sweettruegod (Aug 7, 2013)

MarkNortham said:


> Hi Sweettruegod -
> 
> I hope this works out for you - one thing to note though is that the state sponsorship application process may not settle the points issue - in the end the points issue will come down to the case officer's judgement after you lodge the visa application and pay your $3,000+.
> 
> ...


Thanks Mark!!

So what do you suggest Mark? I am expecting SS approval within next 2weeks (looking at current status of application). If I get approval, should I not lodge my visa and go for IELTS again to score 7 each. I will be given 2 months time, Will CO consider my new IELTS score (lets assume I will get band 7) after I will get SS aproval.

Thanks


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## MarkNortham (Dec 19, 2012)

Hi -

Your IELTS and all other points-specific elements of your EOI (and most of the rest of your EOI) is locked at time of invitation and cannot be changed going forward unless your decline the invitation. So any IELTS changes would need to be made prior to the invitation being made which happens automatically when state sponsorship is approved by the state.

I can't advise you as to what to do as I don't have visibility to all the details of your EOI, work experience, etc - skilled visas have become a complex visa thanks to all the rules of skills authorities, state sponsorship and DIAC rules, so would need to see your entire situation to give you any proper advice. In skilled applications there are many "moving parts", with some of interest to the state, others of interest to DIAC, etc. We typically do this at our consulting sessions (see website link in signature) which gives us the time and resources to thoroughly review your case and provide proper, informed advice.

Best,

Mark Northam


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## alok509gupta (Jan 29, 2013)

*NSW asked to get new ACS Format*



MarkNortham said:


> Hard to say why they may have refused it - more and more states are looking for things like "your commitment to live in our state" and mushy things like that that have no specific black & white requirements.
> 
> Best,
> 
> Mark Northam


Hi Mark,

Need your expert advice here, NSW today has requested me to get the ACS result in new format mentioning Identified Skill date, I was evaluated with 6yr 11 months of Skill assesment earlier., Now as per new rules of ACS they will deduct 2 years of experience after completion of your highest degree, that will drop down my experience to 4 yr 11 months, The Query here is I have now total 7 years 11 months of experience till date, & even if they deduct 2 yrs it will be 5yr 11 months but Earlier when i Filed the ACS i had 6 year 11 months of experiece, So in order to re-evaluate the ACS do i need to follow the process again (400$ fees & all documents) Or I can just ask for re-evaluation of remaining experience till date. ACS is charging again 50$ for giving new format result(but i am not sure if we can request to add new experience as of today), Please suggest


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## MarkNortham (Dec 19, 2012)

Hi Alok -

I'm assuming that the added work experience is a continuation of work in a postiion /employer where you had previously had that assessed by ACS. Normally the state sponsorship authorities and DIBP all acknowledge added work experience between the date of your skills assessment and the date of your invitation - generally you have to provide an additional work reference letter and perhaps pay stubs to show that you have remained employed at the position and that the position and employer is the same as the portion of that experience that had been assessed by ACS.

That being said, you may want to contact NSW and ask them if they will accept an employer ref letter for the additional experience, or whether they need ACS to assess the additional experience. The states make up their own requirements and rules, and it can be dangerous to assume...

Best,

Mark Northam


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## alok509gupta (Jan 29, 2013)

Hi Mark, 

I re-applied to ACS for getting me the assesment in New format..
Earlier When I recived the Assesment before doing thre re-validation, I was being accounted for 6yr 11 months of experience With a Degree in Electronics & Coomunication I was being assessed for ANZSO(Software Engineer)
but NOW when I did re-validation of my assesment due to change in the format of ACS, they issued me the new letter saying exp has been reduced to 2 yrs 11 months.., 4 years of my experience which was evaluated earlier is now Not accounted as skilled experiece now...., Could you please guide me how shoudl I go ahead & reply to them..,I Will loose points bcz of this , My IELTS was 7.5(Overall) & applied for NSW SS.


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## MarkNortham (Dec 19, 2012)

Hi Alok -

Not sure there's anything you can do about this - ACS's highly controversial current policy of deducting years of work experience depending on the degree is causing a lot of problems throughout the industry. Also note overall IELTS is meaningless for skilled visas (other than for Functional English requirements for secondary applicants) - it's the minimum score on any of the 4 bands that is the key for points.

Sorry I don't have better news for you, but I don't know of a way to successfully fight ACS regarding the deduction of years of work experience - DIBP looks to the skills assessor to determine the "skilled date" for an applicant.

Best,

Mark Northam


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## battulas78 (Oct 22, 2013)

Hi Mark...

I am a new member in this forum..i am abt to apply for NSW SS under Financial investment advisor category...i would req your guidance/clarification on the below points :

1) Both i and my wife has got positive skill assessment from Vetassess...but her education it says not in highly relevant field...here i need ur suggestion..some say NSW generally doesnt offer SS if education is nt in relevant field...is it true ??

2) Reason i ask is, she is been wrkng in the same reputed bank for over six years whereas i changed 4 organisations and currently unemployed...both of us hve same 65 points and requited IELTS as well....if all things being equal....whom wud u suggest as primary applicant in this scenario...

I am confused ovrr this and unable to decide....Your suggestion will be invaluable...

Thanks in advance...

Regards

Santhosh


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## MarkNortham (Dec 19, 2012)

Hi Santosh -

Thanks for the note. The good news is that you generally can still get points for a Bachelor degree for a points-tested skilled visa even if the Bachelor degree is not closely related to the nominated occupation. That being said, there are other issues that can come up with unrelated education. Would need to go over the documents from VETASSESS and see how you've calculated your points as well to be able to give you any specific advice. The rules and regulations for this sort of thing are complex, so only a detailed review will produce the kind of quality advice you need. Feel free to contact me via PM or via my website shown in the email signature.

Best,

Mark Northam


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## battulas78 (Oct 22, 2013)

Dear Mark,

Thanks for reply.

Points as below:
Age (30) : 30
Exp 5 yrs: 10
Bach degree: 15
Spouse skill : 5
SS : 5...

My only concern is some categorically says that NSW does not issue SS if education is not in highly relevant field....kinndly guide if this statement has any truth...besides this, i ofcourse understand other criterias ...but worried only on this... 

Thanks again for your help

Regards

Santhosh


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## MarkNortham (Dec 19, 2012)

Hi Santhosh -

NSW requires that your "skills and qualifications" matches the nominated occupation, so depending on how far away your qualification is from your occupation, you may need to see if there is any way to convince them or argue via a submission that despite the skills assessor saying the degree is not closely related, the degree is actually related and list the arguments you make. Depending on your specific circumstances this may be anywhere from impossible to do , to difficult to do. You would need to look carefully at the specifics of your qualification as compared to the ANZSCO tasks defined for your occupation and see how they relate. You also may want to consider an appeal to the skills assessment org if that makes sense as well to see if they might reconsider relevancy re: your degree.

Hope this helps -

Best,

Mark Northam


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## battulas78 (Oct 22, 2013)

Dear Mark,

Thanks indeed for your well articulated and detailed reply.

My wife's degree is Science, i might fail to convince them on the aspect that it is relavent. But her work current experience of 6 years matches ANZSCO requirement. 

On the other hand, my degree is highly relevant and have experience in the same field. However, i am concerned that since i am currently unemployed and it might have dampen the possibility....What are your thoughts ??? Do you think it can dent chances ???

Look forward to your opinion. I have regards for your views.

Thanks in advance.

Regards

Santhosh


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## MarkNortham (Dec 19, 2012)

Hi Santhosh -

Generally current unemployment (ie, between jobs) is not a problem in itself. But there are a variety of rules re: x years of employment in the last y years, etc. You'd have to carefully go over all the requirements of the skills assessor to see how your situation fits in with them. As far as the visa application goes with DIBP, as long as you have proper documentation for the employment and the employment is considered closely related to the occupation, etc in order to justify the points you claim, current unemployment is not something that would generally count against you. All dependent on your personal circumstances of course.

Hope this helps -

Best,

Mark Northam


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## battulas78 (Oct 22, 2013)

Dear Mark,

Your reply is barrels of water in a desert. Thanks much.

I have positive skill assrssment from Vetassees. My experi


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## battulas78 (Oct 22, 2013)

Dear Mark,

Your reply is barrels of water in a desert. Thanks much.

I have positive skill assrssment from Vetassees. My experience is very much related to job reqyitements as i have worked in Insuance companies and Banks in selling financial products. And, i have proper worl related documents as well. I think i will opt myself as primary applicant in this scenario.

Just onr quick clarificatio, since i could not obtain roles and responsibilities on the letter heads, i have produced the same on a plain paper signed by respective line managers along with a stautory s


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## battulas78 (Oct 22, 2013)

Dear Mark,

Your reply is barrels of water in a desert. Thanks much.

I have positive skill assrssment from Vetassees. My experience is very much related to job reqyitements as i have worked in Insuance companies and Banks in selling financial products. And, i have proper worl related documents as well. I think i will opt myself as primary applicant in this scenario. Hopefully unemployment between jobs wont be an issue with CO in Form 80

Just onr quick clarificatio, since i could not obtain roles and responsibilities on the letter heads, i have produced the same on a plain paper signed by respective line managers along with a stautory self declaration on a stam paper. Can i do the same while applying NSW SS or do i need to obtain Statutory decalaration on stam paper from every seperately??

Look forward for your guidance.

Regards

Santhosh


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## MarkNortham (Dec 19, 2012)

Hi Santhosh -

Glad I could help. Not sure of exact requirements for NSW SS - suggest you contact them directly and confirm exactly what you plan to provide and see if they'll give you any sort of indication whether that is acceptable. It may come down to the content of the statements and statutory declarations, which means you may have to submit it in order to find out if it is acceptable. Normally a stat dec of affadavit that is witnessed is sufficient, however in the area where a company refuses to provide tasks/duties and it's not possible to get these on company letterhead from a manager, etc still working at the company, once you venture into the area of plain paper statements, my experience is that they get a very close look, and are often verified by phone calls to the person - especially at the DIBP visa application stage.

Best,

Mark Northam


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## battulas78 (Oct 22, 2013)

Dear Mark,

Thanks.

I think you sort of cleared my doubts and shown a great clarity of what i need to do.

Since i am obtaining signatures from the appropriate managers i think it can be taken care of.

You have been helpful, patient and prompt. Really appreciate your time and thoughts.

Ill be in touch with you during the entire process.

Thanks again.

Regards

Santhosh


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## MarkNortham (Dec 19, 2012)

Good luck, Santhosh!

Best,

Mark Northam


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## alok509gupta (Jan 29, 2013)

MarkNortham said:


> Hi Alok -
> 
> Not sure there's anything you can do about this - ACS's highly controversial current policy of deducting years of work experience depending on the degree is causing a lot of problems throughout the industry. Also note overall IELTS is meaningless for skilled visas (other than for Functional English requirements for secondary applicants) - it's the minimum score on any of the 4 bands that is the key for points.
> 
> ...


*Hi Mark, I Understand your point, BUT while evaluation ACS has mentioned my degreee as Major in Computing, & have still deducted 4 years of my Job experience, Do you think It Will be worth the mail , I can write to them on , If the education degree is assessed as major in computing & relevant work experience is also evaluated as Software Engineer then Why 4 years , Shouldn't it be 2 years as per guidelines mentioned here "http://www.acs.org.au/__data/assets/pdf_file/0020/7319/Skills-Assessment-Guidelines-for-Applicants.pdf" , Please suggest if its worth the fight .. ? *


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## MarkNortham (Dec 19, 2012)

Hi Alok -

I would need to study the ACS document as well as your degree carefully to give you any sort of advice or answer on that. ACS has a category where if they agree it is an ICT Major however the degree is not closely related to your nominated occupation code, they deduct 4 years instead of 2. It would likely come down to an argument of whether the degree is closely related to your nominated occupation code or not.

Best,

Mark Northam


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## waqarali20005 (Dec 23, 2013)

Skilled Nominated visa (subclass 190) – NSW nominations closed for 2013/14
NSW is pleased to announce that program targets for the Skilled Nominated visa (subclass 190) have been met for the 2013/14 financial year. 

Effective 24 December 2013, applications for NSW nomination for the subclass 190 visa will close. Applications received after this date will not be processed or returned. NSW will reopen for the subclass 190 visa nomination in July 2014. Information regarding 2014/15 applications will be posted on this website in July 2014. 

Thank you for your interest in migrating to NSW.


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