Flagged Occupations - What exactly are our Options

[rgogada]

I have filed my 175 (ICT Business Analyst - 261111) on 31/01/2012. And little later read about this flagged occupations list and their POTENTIAL possibility of removal from 2012 SOL. I met lot of other people who are in the same boat as myself. I have started this thread to concentrate on facts and options available right now for us.

Here are the few facts, I realized from my research

1. We can not file 176 online while 175 is already filed online, however we can file it by Paper.
2. Once the 176 visa issued 175 will be rejected as we can not apply for a second PR while holding one.
3. For ICT BA (261111) state sponsorship, currently we have only two options. VIC (Free) & WA ($200).
4. A lot of people saying removal of these occupations (at least ICT occupations) from 2012 is very unlikely. You can see from this link that ICT occupations were also flagged in 2010 SOL, but they had successfully made it through 2011 SOL. Even though these are flagged in 2011 SOL the research reports were not bad at all.
5. Even in case of the unfortunate removal of these occupations from 2012 SOL, they will still exist in 176 list. you can find all the five occupations that have been removed from 2011 SOL, are still present on 176 list today. However, how state sponsorship works in light of skillselect is not entirely clear yet (at least to me).

IF YOU FIND ANY OF THE ABOVE INCORRECT PLEASE LET ME KNOW, I WILL RECTIFY.

Now considering the above facts I am thinking the following strategy.

1. Apply and secure a State sponsorship.
2. File 176 by paper (with out PCC and medicals) in the first week of June. but make sure that it reaches them and you get the TRN before 30th June.
3. Let the CO come back for PCC, but don't send them untill 2012 SOL gets released.
4. If your Occupation is still there in 2012 SOL, request for withdrawal of 176 and let the 175 take its course.
5. Otherwise send PCC&Medicals for your 176 and withdraw your 175. Your fee may be refunded by DIAC in this case.

I do not know if the above is legal and allowed. let us discuss this out thoroughly.

IMHO, if the above is legal and possible, then this would be the best option for us, because this strategy secures us with best possible PR, what ever happens. While nobody wants the restrictions of 176, it is better than no PR (or very late PR).
However, we may feel terribly stupid, for unnecessarily panicking and loosing double fees in case our occupations still there in 2012 SOL. But if they do not, we all can pat our backs for a great timely decision.

[JBY]

Yep, that's pretty much the strategy i've drafted for myself ever since i discovered the whole SOL2012 175 scare.


Thanks for laying it out so clearly for everyone, this covers it all.

Like you said , the main disadvantage is losing all that money (which is alot) just because of speculation (based on credible facts of course).

I just wish DIAC didn't follow this unfair strategy, infact its even MORE DIFFICULT to qualify for 175 than 176!

[rgogada]

Originally Posted by JBY

Yep, that's pretty much the strategy i've drafted for myself ever since i discovered the whole SOL2012 175 scare.


Thanks for laying it out so clearly for everyone, this covers it all.

Like you said , the main disadvantage is losing all that money (which is alot) just because of speculation (based on credible facts of course).

I just wish DIAC didn't follow this unfair strategy, infact its even MORE DIFFICULT to qualify for 175 than 176!

I don't think you need to worry at all. Since you have filed your visa in OCT-11 itself, you are safe. You are definitely going to get CO by APR-11 at current rate. All the best.

[vickey1]

I am also in the same boat as both of you and I think many more other applicants are also in the same situation.

I have few queries about the strategy you have mentioned.

1/ When we apply for SS(state sponsorship) and get one, do we need to inform DIAC about it, as we have already applied for 175?

2/ In new 2012 SOL if ICT Occupations are not removed then we will continue with our 175 visa. In that case do we need to inform the respective state about our unwilling to use their approved SS?


Can you guys please clarify this.

[JBY]

Originally Posted by vickey1

I am also in the same boat as both of you and I think many more other applicants are also in the same situation.

I have few queries about the strategy you have mentioned.

1/ When we apply for SS(state sponsorship) and get one, do we need to inform DIAC about it, as we have already applied for 175?

2/ In new 2012 SOL if ICT Occupations are not removed then we will continue with our 175 visa. In that case do we need to inform the respective state about our unwilling to use their approved SS?


Can you guys please clarify this.

1. No you don't have to inform DIAC at all, don't worry about it. you can keep the SS for yourself without using it. When you decide to use it, only then DIAC will find out anyway since you'll be applying through them.

2. You don't have to inform the state, you can if you want to or you can simply wait till the SS expires and become invalid.

[JBY]

Originally Posted by rgogada

I don't think you need to worry at all. Since you have filed your visa in OCT-11 itself, you are safe. You are definitely going to get CO by APR-11 at current rate. All the best.

That's what i'm hoping for, but i'm planning a fail-safe against a potential major slowdown in processing speeds in DIAC (It happened in the past). I'm waiting till April to get an idea of where this is going to go, also i applied towards the end of October so it kind of puts me with the November crowd.


We are heading into difficult times worldwide, most countries are shutting down or have shutdown their immigration doors, so you can never be to careful!

[stormgal]

Originally Posted by rgogada

I don't think you need to worry at all. Since you have filed your visa in OCT-11 itself, you are safe. You are definitely going to get CO by APR-11 at current rate. All the best.

By what date do you think people don't have to worry, and after what date do people have to consider the above tactic? For instance, anyone who filed before October 31st doesn't have to be concerned? What would a safe date be in your opinion?

[rgogada]

Originally Posted by stormgal

By what date do you think people don't have to worry, and after what date do people have to consider the above tactic? For instance, anyone who filed before October 31st doesn't have to be concerned? What would a safe date be in your opinion?

That's difficult to guess. But since people who filed in Jun-11 are getting their COs allocated now, we may expect people who filed around Nov-11 and earlier may get their COs allocated before the rules change. However please note that we are assuming the processing speed will be maintained at current rate, which may or may not increase or decrease.

[twister292]

I have 2 skills assessments, and I've used the mechanical engineering one to file an 885.

I have discussed it with my family, and I have till roughly the first week of June to file another application to cover as a contingency. If I think mechanical engineering is at significant risk of getting lopped off, I can file another 885 application by paper using the accountant skills assesment.

Whichever gets decided first, thats what I keep and withdraw the other one.

Fingers crossed I dont have to cough up another $2960 as a contingency, because I already have a CO on the current application.

[stormgal]

Originally Posted by rgogada

That's difficult to guess. But since people who filed in Jun-11 are getting their COs allocated now, we may expect people who filed around Nov-11 and earlier may get their COs allocated before the rules change. However please note that we are assuming the processing speed will be maintained at current rate, which may or may not increase or decrease.

Thanks for answering . Actually, I think the current rate is slow - nothing like before the holidays.

But just another brief question -
Will an application that is assigned a CO drop down to cat5 if the flagged occupations are removed? Or is having a CO considered "safe". How about the people who are undergoing "external checks" or who have yet to submit their Police Checks (as the process in some places is backlogged)?