Family Sponsored Visa 176 and processing times, skills assessment and other concerns

[sanjiyan]

Hi all,

I have a natural grandmother in Australia and as such, I moved out to Victoria back in 1990 and live there for two years, but my parents decided to move back to the UK.

So I decided to apply to re-immigrate and decided that a family sponsorship 176 is best, as I work in the IT industry, and had my skills assessed, which was passed as IT Manager by the ACS.

But now I feel there may be something wrong.

I applied for the visa back in 8 August 2008, I've sent all the forms back (online) sent all the relevant documents, family tree, had the medical completed and sent in.

But the online visa check system, has not changed since November 2008, which was Application Received, Documents Received, Processing Application Further.

I've not gained a case office yet, and when I fill in the comment box on the e-visa check page asking for more information, all I get is a computer generated reply.

I have previously applied for Victoria state sponsorship, under IT Professional - UNIX - Linux and Network Security (as my job falls into all three of these fields), but because my ACS skills assessment placed me into the IT Manager field, they acknowledge that my skills and CV and job descriptions are in Linux, network security etc, they have to go with the ACS assessment (IT Manager) and as such deny the sponsorship.

So, what can I do ? I think and have a sticky feeling that my family sponsorship will not be enough as the only family relative I have living in Australia is my fathers mother (my Grandmother), and as she has remarried I'm using her husbands (my step-grandfathers) son (to his previous marriage) i.e. a Step-Uncle.

Is this a valid family sponsorship? I think it is, so did the kind lady I spoke to on the telephone when I rang the Adelaide immigration centre.

Is there a process or a way I can contact someone and talk to them about my application and find out where it is? As everyone I've spoke to, who have applied to immigrate to Australia (I've got several friends immigrating) and they all have said their visa's never took this long, 6-8 months max, yet mine appears to have been dragging on now, almost 12 months. And to be honest, I've put my life on hold, waiting and waiting for that special email.

So heres the question, can I, should I (as my ACS skills assessment is valid for 12 months, could I get my skills reassessed, but this time under the proper ACS skills code for IT Professional - Network Security/Firewalls, and apply again for state sponsorship (which in Victoria network security is needed). Or should I continue to stress myself out, and wait.

Heres a bit of history:
33 years of age
single
Worked in IT for 10+ years
Have a BSc in Information Systems (IS/IT) and Psychology
Only one aging family member (with many step family members) in Victoria
Applied for family sponsorship (176)

Ideas? thoughts? what can I do, who in immigration can I talk to to really find out where my application is in the grand scheme of things?

Thanks

[anj1976]

HI there

I dont know if you are aware of the priority processing that DIAC has been following strictly.

The priority is given in the following order.

1. Employer/State Sponsored
2. skill as listed in the CSL
3. MODL
4. All others

Relative sponsored visas do get extra points but not priority as per current priority processing.

We are Spetember 08 applicants and around the time we applied, the recession did not hit AU so the processing time 175 was not more thn 7-10 months. My husband got ASCO code 2231-11, systems manager.

you have three options, either wait, CSL applications are being processed right now, and they will be moving to MODL applications in June. Giving it a couple of months and then moving to the normal applications. in anyway ur application would start being processed post MODl applications are processed.

the other option is get ur skill re assessed, apply for state sponsorship and convert ur application to 176

the third option is to check which all states need ur skill. ACT I think has most ASCO codes in teh skill in demand list.. you might want to give it a try, apply for sponsorship from ACT, then convert to 176..

the fourth option is to apply for state sponsorship right now, with the same ASCO code that u r given right now and along side apply for re-assessing.. so that u dont waste too much time, if u get sponsorship, good for u, if u dont, u wait for ACS result and move forth.

Hope this helps

Cheers
anj

[sanjiyan]

If I reapply for the skills test, using the same information I supplied, plus the extra skills I have gained since May 2008; and the ACS says the skills are not acceptable and thus unable to assign me into the relevant category (can not see it happening, but with my luck it could happen). Would the new skills assessment result overrule the one I have used in the family sponsorship 176 VISA application?

Because to be honest, $400 AU for getting my skills re-assessed and placed into the correct category is easily worth the money spent, if it allows me to gain state sponsorship.

[anj1976]

Hi

when u want to have an asco code, you try and lay more stress n that particular skill in your papers/cv that u send them. they put u in a category only after going thru what u send them, so in my understanding and from what I have heard/read I feel the ASCO code to an extent can be controlled, but just to an extent.

wish u luck, and do keep us posted how thing go

cheers
anj

[anj1976]

I guess yes it should over-rule teh existing. all u need is a valid states sponsorship and documents to support your claim (to get the nominated skill code)

[sanjiyan]

Originally Posted by anj1976

Hi

when u want to have an asco code, you try and lay more stress n that particular skill in your papers/cv that u send them. they put u in a category only after going thru what u send them, so in my understanding and from what I have heard/read I feel the ASCO code to an extent can be controlled, but just to an extent.

wish u luck, and do keep us posted how thing go

cheers
anj

Thanks, I think I'll ring up Adelaide tonight (their Monday morning) try and find information about my application process and discuss if having my skills reassessed would be beneficial.

[waiting79]

Hi there,

I have applied for the 176 (Family Sponsorship) and still waiting. My lawyer says to wait and we'll probably "hear" something between Sept - Dec 2009.

I am curious to know if anyone of you or anyone you know have gotten theirs (176 Family Sponsored visa)?

My time line
Sept 3, 2006 - Arrived
Oct 4, 2008 - Application lodged on online through lawyer (I have done everything, IELTS, health check, police clearance, sponsor info, etc)
July 16, 2009 - Still waiting .......

I am thoroughly confused with the priority processing as they said once Group 1 is done, it'll be Group 2, and so on. However, what about the new applications for these groups and what about my application which is the last on the priority list? Will it ever be looked at?

I've been on a student visa since I have arrived and in torture as I want to get on with my life. Sorry for the whingeing!

SO does anyone have any good examples here for some spirit uplifting?

Cheers,
waiting

[sanjiyan]

Well here is an update for those that actually read this thread

After talking to a kind lady on the phone at Adelaide, I have found out some interesting news regarding my 176 visa application.

It seems there was/is a problem with my entire visa application, and it has been simply left in the system due to this problem, and they never contacted me about it, simply waiting for me to contact them.

It seems when I originally applied to the Australian Computer Society for my skills assessment, I did not know what to put down for my ASCO code, and under ACS advise left it blank, and let them decide what code to put my skills under. Because of this the ACS made a critical mistake which upset the DIAC.

After talking to both the ACS and DIAC, both parties have admitted that the whole visa application is incorrect and that both of them should have contacted me from the get go, and should not have let the process be this far along without informing me of this error.

As such, I have been advised to retake my ACS skills assessment, which I have just had the results back. My skills have been reassessed and now fall under 2231-79 (computing professional: network security AND unix/linux).

But now heres another problem, the DIAC and the state of Victoria, can not alter my current visa application, to use the new and correct skills assessment, and as such, I am unsuitable for state sponsorship (because they have to use my old and incorrect ASCO code) and the DIAC can not/or will not alter my ASCO code on the current visa application.

Victoria have stated that they will re-look into my state sponsorship application if I can get a company to employ me and as such gain company sponsorship. The DIAC themselves have said I will need to cancel my current visa application (thus losing all the money spent on the application). Then resubmit a new application, either under 175 or again 176 (and try again for state sponsorship).

The DIAC have mentioned that I may be able to claim some, if not all of my visa application fees back though if I explain to them why I want to cancel my current visa application (family 176 sponsorship) and resubmit a new application.

So, would it be worth my canceling my current application or should I simply keep my current application in the queue, and according to the DIAC wait a further 2+ years as this is a family sponsorship application.

My new skills ASCO code, puts my skills now onto the CSL and MODL (I believe, is this right)

ASCO code: - 2231-79 Computing Professional - Linux AND Computing Professional - specialising in Network Security.

The ACS letter lists both.

So, crunch time, do I resubmit a new visa application? (I have no problems doing this tbh, if it gets me out there faster). And, if I do, do I submit a 175 (as its a CSL/MODL listed skill) or do I try and get Victoria state sponsorship again, they (victoria government) do seem a bit reluctant give me sponsorship the first/second time around, even though they admit the skills I have are relevant but my CV/ASCO codes were incorrect on my (current) application.

So, 175 pros?

CSL/MODL listed occupation
Can live and work anywhere in Oz.
I have 120 points!

176 pros?
120 points, but 100 points needed (so I have a buffer of 20 points)
Faster processing? (compared to 175 CSL applications, or are both equal in processing times now?)

Any one here have any suggestions? comments?

Thanks guys

[waiting79]

Thought you guys might be interested with this update that I just got from the "General Skilled Migration enquiries: 1300 364 613". They said that because of the changes the applications without CSL/State/Territory will only be looked at (estimated projections) June/July 2010!

Good luck to every one of us - not on the list!

[sanjiyan]

Originally Posted by waiting79

Thought you guys might be interested with this update that I just got from the "General Skilled Migration enquiries: 1300 364 613". They said that because of the changes the applications without CSL/State/Territory will only be looked at (estimated projections) June/July 2010!

Good luck to every one of us - not on the list!

Well that makes my mind up then, I guess a phone call to the Adelaide centre to cancel my current application and resubmit it as a 175 will be done. If anything to get the visa processed that much sooner.