Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
Migration Alliance queried the status of Priority Group 5 applications last week. The DIBP have responded as follows:
Dear Ms Allan, XXXXXXX [name removed for privacy reasons] passed your e-mail to the Skilled Migration Policy branch as the issues raised by your members are handled in this branch.
As you would appreciate, Australia runs a demand driven skilled migration program to meet the current and emerging skill needs of the Australian labour market and to strengthen the whole economy. Skilled migration policies are tailored to meet this objective and have always changed to reflect the prevailing economic conditions of the time.
I note the frustration expressed by some migration agents at the length of time taken to process skilled migration visa applications. The Australian Government understands that migration is a major life decision and can be emotionally and financially stressful for applicants.
Australia is fortunate in that the number of people seeking skilled migration far exceeds the number of places available in the programme. The Department of Immigration and Border Protection can only grant the number of visas allocated by the Government in the annual migration programme and so must prioritise the order in which skilled migration applications are processed through priority processing arrangements. Priority processing arrangements ensure that the economy gets the skills it needs now, rather than those of visa applicants who applied first.
The Government is aware that priority processing impacts on many applicants who will have a longer wait for their visas to be processed. However, the Government must also take into account the effect of the difficult labour market conditions which migrants, Australian permanent residents and citizens currently face. Priority Group 5 applications are allocated when all available applications in higher priority groups are allocated, or in line with planning level requirements for each of the visa categories.
The Department is unable to give specific timeframes for when individual applications will be finalised, as this will depend on when the person applied and how many applications are received in higher priority groups. It is not possible to process applications outside of the priority processing arrangements. Applicants will only be contacted once their application is allocated to a case officer.
Information on priority processing and allocation dates is available on the Department of Immigration and Border Protection website at:www.immi.gov.au/skilled/general-skilled-migration/estimated-allocation-times.htm.
Regards.
XXXXXXX XXXXXX [name removed for privacy reasons]
Director, Human Capital Policy Section
Skilled Migration Policy Branch
Department of Immigration and Border Protection
Telephone: (02) 00000000000 [number removed for privacy reasons]
Email: xxxxx.xxxxxxThis email address is being protected from spambots. You need JavaScript enabled to view it.
[name removed for privacy reasons]
i send a email then they reply
I refer to your correspondence of 13 November 2014 to the Minister for Immigration and Border Protection, the Hon Scott Morrison MP, concerning the processing of your application for a Skilled Sponsored (subclass 886) visa. As the responsible business area for this application, GSM has been asked to respond on behalf of the Minister.
In your correspondence, you have expressed concern over the time taken to process your application for a Skilled Sponsored (subclass 886) visa application which you advise was lodged in 2009 and have requested that your application be finalised.
Additionally you have drawn to attention the changes in your personal circumstances that have occurred since you lodged this applicant and the attendant difficulties you have experienced as a bridging visa holder in establishing your life in Australia.
The department acknowledges the time and effort you and your family have invested in your application for a subclass 886 visa and that you are seeking to have this application finalised as soon as possible.
The processing of GSM visa applications is subject to both visa planning levels as expressed in the Migration Programme and priority processing arrangements affecting the order in which applications are processed. The subclass 886 is a GSM visa.
Each year visa planning levels are set by the government for the programme year which forms the Migration Programme. The Migration Programme will determine the maximum number of visas that can be granted in each visa category each year.
Priority processing arrangements also apply to GSM visa applications. Priority processing arrangements are set through a Ministerial Direction (the Direction) and determine the order in which GSM applications are processed. Further information about priority processing is available on the department's website.
See: http://www.immi.gov.au/media/fact-sheets/24apriority_skilled.htm
The Direction applies to all unfinalised applications irrespective of the date the application was lodged and determines the order in which applications are allocated for further processing.
From the information you have provided it appears that your application is in priority group 5 under the current Ministerial Direction and is part of the State/territory and regional nominated (STRN) category, which includes family sponsored applications, under the Migration Programme.
The total planning level for the STRN category for the 2014-2015 programme year is 28 850 visa places and these places are allocated in accordance with priority processing arrangements as follows:
· state and territory nominated subclass 190 and 489 applications; then
· state and territory nominated subclass 475, 487, 176 and 886 applications; then
· family sponsored subclass 489 applications; and then
· any other STRN GSM applications.
The department cannot advise when family sponsored priority group 5 applications will be processed as this remains subject to the number of higher priority applications received under the current direction.
Further information is available on the department’s website.
See: http://www.immi.gov.au/skilled/general-skilled-migration/gsm-priority5-processing.htm
I acknowledge your concern about the time taken to process your application, and the difficulty you are experiencing in being separated from your family; however; the department is required to process applications in line with Migration Programme planning levels and the Ministerial Direction.
If you wish to seek a faster migration outcome you may want to consider alternative visa options including skilled and employer sponsored visas under SkillSelect.
Information about SkillSelect can be found on the department’s website.
See: http://www.skillselect.gov.au
I would like to thank you for taking the time to contact the Minister. Should you have any further queries in relation to your application or the changes to the skilled migration programme, you can contact my office using the details provided below.
I ALSO SENT EMAIL GOT this REPLY.
I refer to your correspondence of 9 November 2014 to the Minister for Immigration and Border Protection, the Hon Scott Morrison MP, concerning the processing of General Skilled Migration (GSM) visa applications. As the responsible business area for these applications, GSM has been asked to respond on behalf of the Minister.
In your correspondence you have expressed concern over the time taken to process your Skilled Sponsored (subclass 886) visa application, which you advise was lodged in June 2010.
You have also expressed concern regarding the difficulty you experience in finding employment as the holder of a bridging visa.
As you may be aware, the processing of GSM visa applications is subject to both visa planning levels as expressed in the Migration Programme and priority processing arrangements affecting the order in which applications are processed.
From the information you have provided it would appear that your application is in priority group 5 under the current Ministerial Direction and is part of the State/territory and regional nominated (STRN) category, which includes family sponsored applications, under the Migration Programme.
The total planning level for the STRN category for the 2014-2015 programme year is 28 850 visa places and these places are allocated in accordance with priority processing arrangements as follows:
· state and territory nominated subclass 190 and 489 applications; then
· state and territory nominated subclass 475, 487, 176 and 886 applications; then
· family sponsored subclass 489 applications; and then
· any other STRN GSM applications.
The department cannot advise when family sponsored priority group 5 applications will be processed as this remains subject to the number of higher priority applications received under the current direction.
Information on the processing of STRN applications and priority group 5 applications can be found on the department’s website.
See: http://www.immi.gov.au/skilled/general-skilled-migration/processing-srs.html
See: http://www.immi.gov.au/skilled/general-skilled-migration/gsm-priority5-processing.htm
I acknowledge your concerns about the time it has taken to process these applications; however, the department is required to process applications in line with the Migration Programme planning levels and the Ministerial Direction.
Information about processing of GSM applications will continue to be published on the department’s website and can be accessed using the links given above.
Depending on your circumstances, you may wish to consider the following options to achieve a faster skilled migration outcome:
· Considering your eligibility for an employer sponsored visa, which would require a new visa application including payment of a Visa Application Charge (VAC)
See: http://www.immi.gov.au/skilled/skilled-workers/
· Submitting an Expression of Interest (EOI) for another skilled migration visa through SkillSelect. Information about SkillSelect can be found on the departmental website.
See: http://www.skillselect.gov.au
I would like to thank you for taking the time to contact the Minister. If you have any further queries in relation to this matter you can contact my office by replying to this email address.
Adelaide
Department of Immigration and Border Protection
Looks like if they begin processing Cat5 again, 886 family sponsor is still bottom of the list. So we are looking to wait forever. Well they can keep my money, I am lodging spouse sponsor in a few week. But count me in whatever your plan is to fight, will give you my full support.
Hi Muoi, did you lodge online or paper? Online application older application is 12 December 2009, paper older application is April 2009. That was their last update.
I asked them why it is such a big gap between online and paper, they couldn't give me a straight answer. Sort of saying they have more team to process online application that is why it is processed a head. They all talk about stats but the way they do thing is not consistent.
Unfortunately i did lodge via paper...I did ask them the same question as you but didnt get clear answer. It's not fair at all the way they doing...I thought they look at the date you lodge on ( doesnt matter is paper or online) . Anyway there is nothing we can do about it ( the only way is keep waiting or withdraw your application)
please see this page...
will need someone with very good english to contact them...anyone interested??? but dont forget to specify that we a re a group of person 176 ,886 in the same situation to get a good impact.
we should make a group of 4 or 5 persones writting a text to gather what we all have to say before going further.... what u guys think about it?
http://www.bbc.co.uk/mediaaction/contact
http://www.abc.net.au/news/upload/
Does anyone remember this email from DIBP around July 2012? This means we should be lesser than 8k-10k waiting now. A on 1 July 2012 there were 15500 applicants. and 4500 were going to be allocated a place. If the same numbers were allocated in the following year 2013-2013, the number should have gone down drastically. I wonder how many are really left.
And Daniel, if you're on the same boat, welcome to travel with us.
Below is an email excerpt send to someone I know.
I am writing to you concerning your General Skilled Migration (GSM) 886 application lodged on 23/03/2010 .
The Government recently announced the 2012-13 migration program which will consist of 190,000 places. This includes 129,250 places for the Skilled Migration Program, which includes; Skilled Independent, Employer Sponsored, State and Territory Sponsored, and Skilled Australian Sponsored (family sponsored skilled migration) applicants. The visa you have applied for is in the family sponsored skilled migration category, and 4,200 places have been allocated to this category.
See: http://www.immi.gov.au/media/fact-sheets/20planning.htm
If you have received this email and your application is not family sponsored, it is because a state or territory nomination has either not been provided by the state or territory agency or the nomination has not been accepted by the department. Until such time as this occurs your application is not considered to be state or territory nominated, and will be allocated in line with family sponsored skilled migration cases.
The Minister for Immigration and Citizenship has set new priority processing arrangements for skilled migration applications, which took effect from 1 July 2012. Information about the priority processing groups and the order of processing applications is available on the departmental website.
See: Priority processing groups and order of processing applications.
As you have not been nominated by a state or territory government, and your nominated occupation is not on the SOL in effect from 1 July 2012, your application is in priority group 5 for the purposes of priority processing arrangements.
As at 1 July 2012, there were approximately 15,500 family sponsored skilled migration cases representing approximately 31,010 applicants in Priority Group 5 awaiting allocation.
Based on the available places in the 2012-13 migration program (4,200 places), there will not be a sufficient number of places available for all family sponsored skilled migration applicants. Family sponsored skilled migration applications in higher priority groups will continue to be lodged during 2012-13. These higher priority applications, along with family sponsored skilled migration applications already allocated and currently in an advanced stage of processing, and applications lodged outside of Australia prior to 1 September 2007 (in visa subclass 496) will take precedence over other priority group 5 family sponsored skilled migration applicants. This will mean that many current priority group 5 family sponsored skilled migration applicants will not have their applications processed in 2012-13.
Changes in the number of places allocated can occur from time to time. In 2011-12 for example, the initial planning level of 4,100 places was increased to 12,500. You can follow the progress of allocating GSM applications on the departmental website:
See: www.immi.gov.au/skilled/general-skilled-migration/estimated-allocation-times.htm
As your GSM visa application was lodged before the legislative changes made on 1 July 2010, you are able to consider your eligibility for nomination by any state or territory government. In seeking a nomination from a state or territory government agency you should consider whether your nominated occupation is listed on the current State Migration Plan (SMP) for your intended state or territory. SMPs commenced for all states and territories in late 2010 and early 2011, and specify which occupations state and territory governments can nominate applicants under. States and territories have a limited capacity to put forward nominations for occupations not listed on their Plan. These provisions allow states further flexibility in providing nominations which may be valuable in meeting shortages in very specialised occupations.
It is important to note that it is entirely at the discretion of the state or territory government agencies to nominate applicants and to submit nominations of their choosing to the department. Once a nomination is received by the department, it will be considered and the nominating agency will be informed of the decision.
You may also be able to obtain sufficient points to meet the pass mark for a Skilled Independent visa (subclasses 175 or 885) without lodging a new application. Further information on this program is available at: http://www.immi.gov.au/skilled/general-skilled-migration/175 and http://www.immi.gov.au/skilled/general-skilled-migration/885/.
If you have obtained either a state or territory nomination, or have obtained sufficient points to meet the pass mark for a Skilled Independent visa and meet the other eligibility requirements, you should email a completed Form 1022 to gsm.documents@immi.gov.au notifying GSM of a change to your visa application category. Upon receipt of this form, the department will confirm your change of visa application category.
You may wish to consider alternate visa options including:
- considering your eligibility for an employer sponsored visa, which would require a new visa application
- submitting an Expression of Interest (EOI) for another skilled migration visa through SkillSelect
Information about SkillSelect can be found on the departmental website.
See: www.skillselect.gov.au
You can withdraw your application at any stage during processing if you no longer want to be considered for the grant of this visa. Information on how to withdraw an application, along with other information for applicants who have already lodged a GSM application, is available on the departmental website. Applicants who do not wish to continue their application and withdraw for this reason, are not eligible for a refund of the visa application charge.
See: http://www.immi.gov.au/skilled/general-skilled-migration/lodged-information.htm
Further information on the processing of priority group 5 applications is available on the departmental website:
See: http://www.immi.gov.au/skilled/general-skilled-migration/gsm-priority5-processing.htm
General Skilled Migration
Hi Hun,
I previously typed a reply to your comment and it hasn't shown up.
Like you I am tired of waiting and wanted to apply for a partner visa instead. However, I found out that if you are on a bridging visa while you lodge for your partner visa, schedule 3 will apply to you. It is usually very hard to get schedule 3 waived unless your partner is disabled and you are the sole provider for that person.
Please don't take my word for it but do investigate before proceeding with applying for your partner visa. I just wanted to inform you so you can avoid any time and money wasted on applying for another visa.
Please do let me know if you find any information that states that we can apply for a partner visa and able to waive schedule 3.
Thanks.
Hi Guest1234,
Thank you for the info. I phoned them a few months back and was told I need to have substantive visa to apply for another visa on shore. We are on bridging visa A, therefore I cant apply for partner visa. I left it as it is and didnt ask more question. Partner visa fee is almost $5000 to lodge and 2years waiting period. I am not going to do it now because I will be more pissed off if I get the 886 before 820 OR roughly the same time. Perhaps saving $5000 to spend on legal fee if they refused my visa. Remember Immi has every right/power to cancel any visa. Hmmmm I am not happy to wait but there is nothing more I can do. Need to go on with life, focus on family and future. Have to look at the right site, good thing will happen email me if you want to talk: thyda.hun@hotmail.com
I am not trying to seek any pity but just need a place to vent my frustration
I came here in 2006 to study and completed my Bachelor and Masters here. When I decided I want to continue to live in Australia, I looked for a migration agent. My agent recommended that I lodged for both TR and PR (886). Thinking that he knows better and have my best interest at heart, I decided to follow his advice. I was also told that I will be able to work, study, travel etc while on bridging visa until my TR/PR is granted. I gave him all my paperwork on time to submit my applications. He lodged them in March 2010.
After not going back for a quite a few years (working after study and did not have time to go home), I decided to take a short holiday and go back for 2 weeks in Dec 2012 while I was on TR. He told me that it was ok and all I needed to do is to get my bridging visa for PR reinstated when I got back. However, when I got back and tried to get my PR reinstated, I found out that I will be on BVC. BVC does not allow travel and work. Luckily for me, immigration reinstated my BVC and I had to apply for work restrictions to be taken off.
One month ago, I found out that my mum is diagnosed with cancer for the second time. She was supposed to come visit me in December but has to cancel it now. As I am on BVC, I am unable to travel back to see her. If I do, I will not be able to come back. Last week, I found out that my uncle just passed away and unable to attend his funeral. He is not just any uncle but an uncle who has been a big part of my life.
Now, if I don't go home to visit my mum, I am afraid if something were to happen, I will regret it for the rest of my life. However, if I do go back to see her, I am not able to come back to Australia and I am basically throwing away 5 years of wait (and counting), thousands of dollars (application and agent fees) and a stable job.
I know that life is unfair but not even knowing when I could possibly get my PR to go back to visit my family is making very frustrated as I am not sure what I should do. For all we know we could all be here waiting for another 10 years or so...
Hi Hun,
I am pleased to see you have investigated before proceeding with it. The worst thing is to proceed with something and then find that you have wasted valuable time and money.
Thanks for the email. I probably might email you soon. Good to have contacts so we can always update each other if we hear of any progress on our application.
All the best to you and everyone here. Hope our application gets processed soon so we can get our well deserved PR.
Guest1234, I am sorry to hear what happened to your family, and I hope you have spoken to someone at Immigration about your case. We are not prisoner, we should be allowed to travel to see family or special circumstances. I travel 3times a year (pay $160 each trip for bridging visa B) to see my elderly parents, I dont want to live with regret.
I came here 2005, complete MBA 2007 and lodged graduation visa straight away via immigration agent. But my visa was refused because it didnt meet 2years fulltime study requirement. My course was in 4 Trimester, competed within 18months. My agent didnt know this, it was a mess because I only found out 8months later. I had 2choices appeal OR went back to school and enrolled in another related subject to make up the 2years fulltime. As you would guess I went back to school eventhough I might get more chance to win the appeal because MBA is 2 years fulltime but when you did it in trimester (which means you study no break, each term starts one week after another) you finished it faster. Hmmmm I was working full time, bad news hit me unexpected and I had to pack up and leave within 28days. My boss was happy to sponsor me but I didnt have enough time to put everything together, plus I didnt want to realise on employer sponsor what happen if my contract was terminated earlier due to economic down turn then I would be back to step 1 again.. Anyway I decided to prepare and lodge my own application after I completed the 2nd degree, trust no agent. No offense, some agents dont know what they are doing, dont care about you just want your money, and I met one. I didnt lodge a complain against them because if they didnt stuff up/give me hope in the first place I would already go back to my country. 5years long waiting period is a NO NO NO for me. Circumstances changed, I have settled my life here, have a good job, and met my husband so I am going nowhere.
We are facing different struggles due to policy change. It comes down to if this is important to you then do something, dont just sit back and complain. If it is not worth it, then leave. I've tried everything but nothing works because I was fighting alone. Only thing I havent done is contact Current Affair.
Hi Hun,
I completely agree with you there is no point just sitting and complaining. I didn't realise that my post seem to project that I am sitting and complaining without any action.
I am on BVC. BVC holders are not able to get BVB to travel no matter the circumstances. I have spoken to the immigration regarding my situation. All I am told is that I am not allowed to travel and that maybe I should change agent. There is no point changing migration agent now that everything has been lodged. So yes, I have tried to plead my case but they are not able or willing to do anything.
Someone wrote on this website that he wasn't able to go back to his father's funeral because he was holding a BVC although it was the immigration's error that he is on BVC. In addition to that, he could not bring his wife of 3 years over to Australia.
What I am also trying to show is that although everyone here is on the same boat, some have it worse than others. If I am on BVA, I would be so happy and wouldn't even mind paying to go on BVB each time I want to travel back to see my family.
You said that if it is not worth it, then I should leave. I never said it was not worth the wait. I think it is unfair to say that because it is easier said than done. Like I said, if I am on BVA I wouldn't mind waiting for my PR because I would be able to apply for BVB to travel each time. It is not easy to just leave and throw everything away.
Again, I am not trying to get pity here. Just trying to point out that there are others who are in worse position. I have no doubt that there is someone out there who could be in a worse situation than myself. So everyone should count their blessings especially if the they are not on BVC.
Hi Guest123, I apologise if I upset you with what I said. Some of us in worse situation than others I agree. I am not here to compare or seek for pity also. I am very impatience person, I contacted all department I can think of that can help me but no luck. When it comes to immigration, no one wants to get involved. They do what is best for their country. This is how calm my self down when I think about the change and get angry "Nothing I can do but accept it, and it is worth it". When I say if it is not worth it then leave, all I try to say is it is not good for your inner health if you stay angry all the times. You have to accept it or do something with it.
How about each of us send the minister a polite email requesting his help? There is over 10000 of us out there waiting! One email from at least half of us will be 5000 emails in his inbox! That way he may that there is something going on out there?!!