Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
The following has come to the attention of Migration Alliance today:
An ENS application under sc186 was lodged by a RMA in July 2014. The case was processed and the applicant was asked to pay the second instalment. This was paid on 11 November 2014. Confirmation of this payment was also sent to the DIBP on 11 November. Normally it takes less than one week after payment of the second instalment for a decision. Sometimes it can take less then 24 hours. Now the RMA has receieved the following email from the DIBP case officer after chasing them on their decision / grant letter:
Dear Mrs XXXXX [name removed for privacy reasons]
Due to the demand driven nature of the program the Permanent Skilled Entry network continues to receive a large number of employer nominations and visa applications We process all applications in order of date of lodgement and in line with general processing requirements. This ensures that all visa applications are processed in a fair manner. I appreciate the frustration the delay causes you. All I can offer you is the promise that DIBP will make every effort to ensure that your application will be processed as soon as possible.
Please ensure all return correspondence contains “Team 1” in the subject line of your email to:
This email address is being protected from spambots. You need JavaScript enabled to view it.
Sincerely yours,
NAME REMOVED FOR PRIVACY REASONS
Case Officer
Department of Immigration and Border Protection
Telephone: (02) 8861 4311
Mobile: [Mobile]
Email: xxxxxx.xxxxxThis email address is being protected from spambots. You need JavaScript enabled to view it.
Imagine what the OMARA (division of the DIBP) would say if RMAs tried to offer this up to their clients as a 'service standard'. If RMAs tried to run their businesses by sending out letters like this when our clients call or write to find out what is happening we would be getting s308 notices.
Maybe we can take a leaf out of the DIBP's book by cutting and pasting their emails and receycling them for use with our own clients? After all aren't these the people regulating our 'conduct' and 'monitoring' our work?
I wonder what our clients would say if they asked how their agent was progressing with their case and they got an email like the one from DIBP above. If a migration agent were to adopt the DIBP service standard in responses to their clients then an RMA's response letters might look something like this:
Dear Mr Smith
Due to the demand driven nature of our work as migration agents, our Permanent Skilled Entry division continues to receive a large number of new business cases and ongoing client enquiries. At our migration agency we prepare and submit all of our applications in order of date of the time the client started with us and in line with our internal company processing requirements. This ensures that all of our clients visa applications are processed in a fair manner. I appreciate the frustration the delay causes you. All I can offer you is the promise that our company will make every effort to ensure that your application will be handled as soon as possible.
RMA 666
But an RMA would never do that nor would an RMA ever get away with it.
Global Feedback Unit for all complaints about service standards, case officer problems, issues with visa applications in with the DIBP, where you are not getting a suitable response or resolution: http://www.immi.gov.au/contacts/forms/services/services-form.htm
I also contacted the ENS team, if they make a request, your application becomes "dormant" for that period of request. What was explained to me, that no other case officer can make a decision on the application once it is dormant. Therefore, even if all documents are provided for, you must wait the entire 28 days to be reallocated.
I have been in contact with the PSE section in Perth. I have been informed that they have introduced a new email allocation program and it is causing considerable delays. Apparently the emails can be waiting for up to two days in the queue before being allocated to the correct case officer. Thats two days before anyone even sees it!!
I am finding I am getting requests for further information when I already provided the information at lodgement of the application.
For example today I got a request to evidence my client had met their training obligations as a standard business sponsor for ENS - TRTS and I had already provided a tonne of evidence including gross payroll print outs, P & L evidencing training expenditure and payroll (they were approved July so this worked well with the FY), apprenticeship contracts (they employ an apprentice so his salary alone represents over 3% of gross payroll), confirmation from the company providing the apprentice that he has been an apprentice with them for the last two years, the qualification he is studying towards and the cost of him to my client.
The request I got was just a standard template letter - it didn't even acknowledge all of the documents I provided to evidence training benchmarks or clarify what, if anything is required further. It just simply spurted legislative criteria to me and advised I need to evidence my client met this criteria - no further explanation.
I am now wondering did they get my attached documentation (I can see it attached via Immi Account), if it is not suitable why as I think it is strong evidence and what further is required? When they just send a standard template letter out it really provides no explanation as to why further information has been requested and what exactly further do they need?
Now I will have to wait after 28 days to hear back which is completely unfair as in my opinion I lodged a decision ready application.
I had a similar situation whereby I got asked to evidence "if the position as genuine" - this was for ENS-TRTS and the applicant had been working in the position for two years as the holder of a 457 visa approved by the DIBP - so why would they now think it is not genuine??? I responded immediately - within the hour and when I followed up I was advised it will now not be reviewed until AFTER the time frame given to respond, so I have to wait a further 28 days.
It's really frustrating as we received an emailed recently stating that migration agents are delaying the processing time as over 70% of our applications are lodged incomplete - well I disagree as I feel I lodge decision ready, complete applications but I get stupid requests for further information where no common sense has been used by the case officer or the documents have already been provided yet they use this in their figures against us to look like we are lodging incomplete applications!!!
Sorry for the lengthy email but I am so frustrated as I then get my clients contacting me complaining their visa has not been finalized yet and why is it taking so long - the one mentioned above with the "evidence of genuine position" took five and a half months to be allocated (even after I followed it up constantly after about four months) - then the case officer requested I evidence it is a genuine position and now I have to wait a further 28 days to get her response - total lodgement time at the moment is 6.5 months!
Hi Michelle, your case is better than mine, whereas I have a RSMS application with the same WA-PSE lodged on the 12 Mar 2014, and still nothing has happened; not even a "Request for further information".
I have been following it up from August with the SENIOR CASE OFFICER - who keeps telling me every month that it will be finalised within the course of the next week.
I have now got the feeling that his "Course of the next week" has got an unlimited number weekdays. But you know he is so courteous, and puts the blame on this same new Roster-system that has been implemented.
Well you know - you cannot upset these guys too much, because they hold the PEN that decides the future/fate of a human being and his family in Australia.
the problem is that with the ENS applcations and 457 Visa applications that there is no longer an individual Case Officer boeing assigned to an application - all applications are now dealt with by 'the team' together - so if further information is requested once an application is being assessed there is no way to alert anyone in particular that the information has been provided (both by replying to the generic email address with info attached AND by uploading to the lodged application). I have complained on several occasions and received sopme lovely emails - but once additional informaion has been supplied it simply disappears into a BIG black hole - with no way at all of knowing how long it might take for somone at the other end to 'find' it. Once upon a time Visa grant would be assured within 24 hours of providing any additional information asked for (which has often been provided with the original lodged application in any case).
HI all,
same issues here.
I have been waiting for a BVA for about 3 months as the system failed to generate one following an ENS TTS application. They said there is a backlog of non-generated BVAs.
I have been recently requested for documents I had attached already. I even called the office and was assured they could see those documents at their end, but obviously I have never managed to talk to the specific C.O. (who knows the name??).
I have requested unreasonable information: genuine position info when already widely explained at the moment of the application. Even a genuine position for a Ministerial intervention, where the Minister itself requested a renewal of the expired 457 nomination and the applicant was working for the sponsor with his previous 457 for 4 years; I escalated that nonsense to the section manager who very kindly solved the issue.
I have been requested a consent form for children who were coming to Australia together with both parents on the same visa (that was really weird). Not to mention the request of a translation of a multilingual marriage certificate, which included English, and the C.O. on the phone insisted she couldn't see the English words.
I could go on forever....
Emanuela
Just received the following email:
Hello Liana,
sorry to bother you about the direct approach. Do you have any contact details for managers or a manager of Team 1, ENS Parramatta. I keep trying to contact Team 1 via the normal channels and have had no response from them for weeks. Any advice would be helpful.
best regards