Cat 5 Non CSL: Doubts & Hopes
Hi All!
My wife and I were requested by a CO to complete our medical and PCC requirements. However, we opted to delay the X-ray for the safety of our baby. This decision was made back in July, 2009.
My wife delivered our son on Sept. 23, 2009. After securing his hospital documents, birth certificate,and passport in about 3-4 weeks, we then looked forward to undergoing medical exams --- my wife's X-ray and my son's health checks. However, everything stopped due to the 9/23 DIAC changes, which stated that we'd have to wait until 2012.
As we ran through series of forums, we found out that there have been a lot people affected by the changes. And it was extreme hope for my family when we saw the ministerial consideration for non-csl cat 5 applicants. This hope was based on the info that we will be processed because ---- WE WERE ASSIGNED A CO AND MEDS AND PCCs WERE REQUESTED, regardless of whether the status of the documents is already finalised or not.
In the early days of December, we then planned to continue completing the meds, despite not having a CO yet. And as was seen in the forums, that we could frontload documents even prior to being requested by a CO. (Again, we were already assigned a CO before who requested these requirements). There was just one dilemma:
Form 26EH medical check form (for our son) was not downloadable from the DIAC site under the list of requirements for our son. So we sent an email requesting options. Just today, December 21, 2009, we received a response (after a week) from DIAC, and I quote and quote:
Dear Client,
Thank you for your email in relation to your 176 visa application under Australia's General Skilled Migration program.
The Department is currently processing applications according to Ministerial Direction No. 42 - Order of consideration - certain Skilled Migration visas. The Department anticipates that a small number of State sponsored non-CSL applications will be finalised this program year.
Processing will focus on applications where health and character checks have been requested by the case officer, and initially, where the case officer has determined the case to be ready for finalisation. This determination can only be made once a case officer has fully considered the application.
I regret to advise that your case is not currently at this stage of processing. You will be
contacted in coming months if further processing is to take place on your application in
this program year.
Therefore, it is best to wait to undergo medical checks for your son until requested to do so by a case officer.
I am asking help from you guys, to give some intelligent interpretation of this reply. We hoped and hoped and spent for the requirements, yet we have doubts if we ever are included in the current group that are being prioritized. Hope comes in, but doubts linger. Your responses will surely be appreciated.
Merry Xmas To All!
--donsayuriru--Application Timeline:
SS - March 2009
IELTS - April 2009
Lodged Visa - June 2009
CO assigned - July 2009
Meds and PCCs loaded - July 2009 (except for wife's xray due to pregnancy)
CO withdrawn due to 9/23 changes - October 2009
Filed change of circumstance - November 2009 (after son's birth)
Current status - STILL WAITING
My wife and I were requested by a CO to complete our medical and PCC requirements. However, we opted to delay the X-ray for the safety of our baby. This decision was made back in July, 2009.
My wife delivered our son on Sept. 23, 2009. After securing his hospital documents, birth certificate,and passport in about 3-4 weeks, we then looked forward to undergoing medical exams --- my wife's X-ray and my son's health checks. However, everything stopped due to the 9/23 DIAC changes, which stated that we'd have to wait until 2012.
As we ran through series of forums, we found out that there have been a lot people affected by the changes. And it was extreme hope for my family when we saw the ministerial consideration for non-csl cat 5 applicants. This hope was based on the info that we will be processed because ---- WE WERE ASSIGNED A CO AND MEDS AND PCCs WERE REQUESTED, regardless of whether the status of the documents is already finalised or not.
In the early days of December, we then planned to continue completing the meds, despite not having a CO yet. And as was seen in the forums, that we could frontload documents even prior to being requested by a CO. (Again, we were already assigned a CO before who requested these requirements). There was just one dilemma:
Form 26EH medical check form (for our son) was not downloadable from the DIAC site under the list of requirements for our son. So we sent an email requesting options. Just today, December 21, 2009, we received a response (after a week) from DIAC, and I quote and quote:
Dear Client,
Thank you for your email in relation to your 176 visa application under Australia's General Skilled Migration program.
The Department is currently processing applications according to Ministerial Direction No. 42 - Order of consideration - certain Skilled Migration visas. The Department anticipates that a small number of State sponsored non-CSL applications will be finalised this program year.
Processing will focus on applications where health and character checks have been requested by the case officer, and initially, where the case officer has determined the case to be ready for finalisation. This determination can only be made once a case officer has fully considered the application.
I regret to advise that your case is not currently at this stage of processing. You will be
contacted in coming months if further processing is to take place on your application in
this program year.
Therefore, it is best to wait to undergo medical checks for your son until requested to do so by a case officer.
I am asking help from you guys, to give some intelligent interpretation of this reply. We hoped and hoped and spent for the requirements, yet we have doubts if we ever are included in the current group that are being prioritized. Hope comes in, but doubts linger. Your responses will surely be appreciated.
Merry Xmas To All!
--donsayuriru--Application Timeline:
SS - March 2009
IELTS - April 2009
Lodged Visa - June 2009
CO assigned - July 2009
Meds and PCCs loaded - July 2009 (except for wife's xray due to pregnancy)
CO withdrawn due to 9/23 changes - October 2009
Filed change of circumstance - November 2009 (after son's birth)
Current status - STILL WAITING
Views: 3
Replies to This Discussion
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Permalink Reply by Md Nasim Wahid on -
Good clarifications from DIAC.
For your case, I think you should wait.
However, what about your other documents' status........"met" or "requested"?
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Permalink Reply by Donne Cyril Garnica on -
Hi Nasim,
All are on a "requested" status.
Thanks!
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Permalink Reply by Johnny Nicholson on -
Very interesting as this is a mirror of my family situation. We were sailing along then found out my wife was pregnant. So as you have said for the safety of my unborn child we decided to delay the medicals which were requested. We processed all the papers, passport, etc for Libby so we were ready for DIAC next move but we also haven't heard a thing. We lodged our 475 back in March and just hoping we hear some good news soon as this is doing my head in. Just moved into another rental house which we are happy in but it has been soo unsettling for all my family........Come DIAC give me the perfect xmas present!!!
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Permalink Reply by Susan Wareham McGrath on -
Hi Donne
I would suggest that the reason you received the above email from DIAC was because when the meds were requested, DIAC did not know your wife was pregnant. Therefore, the request was made with regard to 2 people only, whereas when your baby was born, he was added to your application and his meds done without being requested.
The issue in interpreting DIAC's response is in trying to anticipate how DIAC is handling cases such as yours and Johnny's, which fall into a "grey" area. Unfortunately, there is no criteria for doing that at this stage.
If you have agents acting for you, they would probably already have argued your case to DIAC, as it's part of an agent's service to present your case in the best possible light.
In the unlikely case they haven't already made representations on your behalf, perhaps you could consider asking them to prepare a brief submission to DIAC arguing that as your meds and PCCs were requested by a CO and have now been provided; you have a right to be assessed as a priority.
It might not work, but is worth a try - it's better than doing nothing.
Best regards
Susan
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Permalink Reply by Donne Cyril Garnica on
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HI Susan
Thank you for the reply. Indeed, we thought that we are part of the 3500 applications under the new ministerial direction since we already submitted our meds and PCCs minus the chest x-ray and meds for our son, as requested by DIAC. We were also advised to send the meds of our son after I informed them promptly of my wife's condition. We were all requested to do the meds. It's just that we haven't submitted everything yet because our little boy was born on the same day the changes took effect (sept 23). Now I want to do as you say: argue our case and be one of the priorities but how to do that? We do not have an agent. Should we use the form used for asking questions to DIAC? Your advice is highly appreciated.
Thankyou, Donne Cyril
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Permalink Reply by Susan Wareham McGrath on
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Hi Donne
Just to clarify, the figure of 3500 represents all non-CSL state-sponsored applicants - Category 5 applications in terms of the 23 September processing priorities.
DIAC announced early this month that it has started processing those 3500 Category 5 applications.
Of all those Cat 5 applications, DIAC is first processing those that have had meds and PCCs submitted at the request of a CO .
Now that I know your and your son's meds were requested by a CO, I suggest you simply send in the required documentation as soon as possible - DO NOT DELAY in case the rules change again - along with a letter noting that as requested, you are attaching your son's meds and your wife's chest x-rays.
You can then follow up with Adelaide Skilled Processing Centre in a few weeks, in writing or via email, to find out the progress of your application.
Please note that where I suggested above that you do not delay in case the rules change again, I have no reason at all to believe that they will - I'm just being cautious.
Best regards
Susan .
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Permalink Reply by Donne Cyril Garnica on
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Thanks again Susan! We surely will do this asap.
Merry Christmas and a Happy New Year!
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Permalink Reply by Donne Cyril Garnica on
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Hi Susan,
Just got our CO re-assigned last Feb 3rd, 2010 for our Cat-5, nonCSL, 176 visa app. My wife, son, and I are so happy. In the second week of January my wife and son's meds have been received.
We are hoping to have our visa decided positive and in the soonest possible time. This is definitely a big ray of hope after DIAC announced changes back in Sept 23 of 2009.
Thank you very much Susan for your pieces of advice. Will keep you posted. We wish it to be the visa grant when I post another message.
Donne
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Permalink Reply by Susan Wareham McGrath on
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Donne, that is WONDERFUL news - thank you for keeping us all updated! I'm so glad you sent in those meds!
Best regards
Susan
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