HELP - short 5 points for 136 VISA!

[nicola]

Hi there

Considering myself to be pretty well qualified from a formal education point of view, I expected to sail in on the 136 visa with no problems. Not so easy and my ego took a knock as I am 5 points short according to my self assessment. Please help as perhaps I am missing something. My summary is:

Age = 20 points (not much I can change about that :-))

Nominated Skilled Occupation = 50 points (Sports Administrator)

English Language Ability = 20 points (my first language)

Specific Work Experience = 5 points (but this is related to having a 50 point SOL occupation, so you can't get more points here even if you have more work experience - bummer!)

Occupation in demand/job offer = 15 (as I don't have a job offer)

Aus Qualifications = 0 (as I have none)

Reg Aus/Low pop growth = 0 (we have set our hearts on Melbourne)

Spouse skills = 5 (hubby has an MBA, english, health and character no problem)

Bonus points = 0 (could do the 100 000 investment thing but it doesn't seem valid for Victoria? Am I correct here?)

Additional requirements no problem, but the grand total is only 115!!

I suppose my real question is if the SOL occupation is worth 50 points (and that is based on a basic degree) and I have a doctorate degree in that field does that not help me to get 60 points or at least 5 points more? The issue is if you have a 50 point SOL occupation you also can't score the full 10 points on the Specific Work Experience category as you can only respond in the second category and get 5 points. How sad! Any ideas? My heart is already there, it is just a matter of getting the mounds of paperwork done.

Warm regards

Nicola

[Dax]

Hi there

Considering myself to be pretty well qualified from a formal education point of view, I expected to sail in on the 136 visa with no problems. Not so easy and my ego took a knock as I am 5 points short according to my self assessment. Please help as perhaps I am missing something. My summary is:

Age = 20 points (not much I can change about that :-))

Nominated Skilled Occupation = 50 points (Sports Administrator)

English Language Ability = 20 points (my first language)

Specific Work Experience = 5 points (but this is related to having a 50 point SOL occupation, so you can't get more points here even if you have more work experience - bummer!)

Occupation in demand/job offer = 15 (as I don't have a job offer)

Aus Qualifications = 0 (as I have none)

Reg Aus/Low pop growth = 0 (we have set our hearts on Melbourne)

Spouse skills = 5 (hubby has an MBA, english, health and character no problem)

Bonus points = 0 (could do the 100 000 investment thing but it doesn't seem valid for Victoria? Am I correct here?)

Additional requirements no problem, but the grand total is only 115!!

I suppose my real question is if the SOL occupation is worth 50 points (and that is based on a basic degree) and I have a doctorate degree in that field does that not help me to get 60 points or at least 5 points more? The issue is if you have a 50 point SOL occupation you also can't score the full 10 points on the Specific Work Experience category as you can only respond in the second category and get 5 points. How sad! Any ideas? My heart is already there, it is just a matter of getting the mounds of paperwork done.

Warm regards

Nicola

At a quick glance i would suggest that you consider a more regional place e.g. Adelaide or Brisbane as your initial destination. You shouls get more points for that.

See if it will work, it should.

Cheers,

Dax

[bananagirl]

Nicola

Sorry if I'm wrong but according to the MODL list (occupations in demand)(MODL is not the same as SOL list) I can not see sport administrator, so you dont qualify for points in this department.

Dax

Isnt the regional points for staying there for 2 years already? Not for intended stay?

Please correct me if I am giving incorrect advice.

BG

[nicola]

Thanks BG, see your point, but hope you are wrong. I have been working from the www.immi.gov.au site and used the 1121i form as a reference. There it states that for the Skilled Independant Visa 136 you need skills and qualifications that meet the Australian standard for an occupation on the Skilled Occupation List. The SOL is a list of skilled occupations that are in need in Australia. Each occupation listed on the SOL is allocated a points value for use in the assessment process.

See: Form 1121i Skilled Occupation List (SOL), Sydney and Selected Areas Skill Shortage List (SSASSL), and Employer Nomination Scheme Occupation List (ENSOL)

Not sure how/if this links up with the MODL - is it for a different category of visa perhaps? Just when I thought I was getting the hang of things

Warm regards

Nicola

Dax: thanks for your advice as well, but under the self assessment form that I completed there is not really a category for where you want to go, it rather refers to where you have been staying/stuyding. Unless I misundertood it.

[kangaroo]

Nicola

Sorry if I'm wrong but according to the MODL list (occupations in demand)(MODL is not the same as SOL list) I can not see sport administrator, so you dont qualify for points in this department.

You're right Bananagirl. Sports administrator is not on the MODL even if it is on the SOL. So Nicola, you unfortunately won't be able to claim te 15 points for MODL. Why don't you perhaps go on your husband's qualifications? Have you tried to see what points you guys might get on his credentials?

Dax

Isnt the regional points for staying there for 2 years already? Not for intended stay?

Yup, you can only claim the regional points if you've studied (two years' completed studies), as far as I know, in regional Oz. I think that's what Dax meant.

Nicola, you only need 110 points to apply for the Skilled Independent Regional (SIR) visa (495). You'll need to live and work in regional Australia for two years (at least one year full-time employment in regional Oz). Thereafter you can apply for PR, though PR after the SIR visa will still entail certain initial limitations and there are certain criteria to obtain it. Cities included as regional Oz are Adelaide (South Australia) and Hobart (Tasmania). There are various smaller towns across Oz also classified as regional Oz.

I know it's frustrating! All these points....good luck!

Edited April 12, 2007 by kangaroo

[nicola]

Thanks kangaroo, but I am still confused. What is the link between the MODL and the SOL. In terms of the 136 visa the link is to the SOL on the gov.au site:

http://www.immi.gov.au/skilled/general-ski...-migration/136/

Any reponses or I won't be sleeping tonight wondering how it all fits together

[bananagirl]

Nicola

to give a very simple answer: SOL is the list that qualifies you to apply for 136. Then there is an additional list called the MODL which is a list of occupations that are VERY HIGH in demand. "Only special people qualify for this...I am not one of them "

To see more on MODL. Type in MODL in the search function on the immi website, it will give you the list of occupations. Why not try the 457 / do your post doc in AUS?

sorry for the bad news. BUT I was there as well a few months ago. Also thought that I would get in easily. what a humbling experience...... I wanted to give up and cancel our LSD. I told my husband that I dont want to see something that I can not get. But here I am, still hoping. I found a option that would work for us.

BG

PS. My husband is a biokieticist (similar field to yours). If you find anything in your search relating to his occupation, please PM me.

[kangaroo]

Hi Nicola

I know, VERY confusing!

Basically, the SOL is the Skilled Occupation List - your occupation MUST be on here or Oz won't accept you. Almost every career possible is on here with a few exceptions.

However, the MODL is the Migration Occupations in Demand List - these are the MOST WANTED occupations (there is an urgent short supply of these skills) and include doctors, engineers, tradespeople, certain IT people etc. Have a look at the MODL here

One can only claim the 15 points for MODL (under the 136 visa) if your occupation is on the MODL. Sadly, your occupation as sports administrator is not on the MODL.

If it makes you feel any better, I can relate 100% to the frustration you're feeling! I also JUST missed the 136 visa due to my occupation (Copywriter) being a 50-point occupation too, even though I scored full marks on everything else. (That's why I opted for the SIR (495) visa, even though it's also not my first choice.)

That's why I'm suggesting that you have a look at alternative visa options on www.immi.gov.au and perhaps investigate the possibility of going over on your husband's qualifications. I don't know what his points will be.

Alternatively, it might be beneficial to consult with a qualified ACCREDITED agent for an hour just to explore your options. Fiona (search 'Fiona' in the search option) on the forum is someone I can recommend; I've also heard many good things about Hitchcock & Associates - if you do a search for their name on the forum, you'll find their contact details.

Please note, it is by no means necessary to use an immigration agent for your visa application (there are tons of them that are really dubious too) - all I'm suggesting is perhaps an hour/two's consultation so that you know first-hand what your options are.

You never know, maybe they can work out something for you where you guys can go on the 136 after all straight from the start!

I certainly hold thumbs for you!

Liza

Edited April 12, 2007 by kangaroo

[nicola]

How depressing, but thanks for all the responses nonetheless! I had already mentally "packed all my bags" to leave.

[kangaroo]

Nicola, just don't give up!

Where there's a will, there's a way! (...even if it's with a bit of a bend in the road)

I hope things work out for you!! Keep us posted.

[Frenchy]

Nicola

Some print pulled off the immi website, should answer your Q. And for all those who do not know the pass mark etc (like me, before this posting). Frenchy

What is the points test?

On this page:

What is the pass mark?

What happens if you don't meet the pass mark?

What are the current pass and pool marks?

How often do the pass and pool marks change?

For most General Skilled Migration visas, your application will be assessed against a points test. You can claim points under a range of different factors. The maximum points that can be claimed in any one factor reflects how sought after those characteristics are in the Australian labour market.

What is the pass mark?

The pass mark is the total points you need to score to be eligible for a points-tested General Skilled Migration visa.

What happens if you don't meet the pass mark?

If you score below the pass mark, but above the 'pool mark', your application will be held 'in the pool' for up to two (2) years after assessment.

If the pass mark is lowered at any time in that two (2) year period, and your score is equal to or higher than the new pass mark, your application will be processed further.

Apart from waiting in the pool, there are four other visa options you could consider if you do not meet the pass mark:

If you score 110 points you may be eligible for a Skilled - Independent Regional (Provisional) (subclass 495) visa.

See: Skilled - Independent Regional (subclass 495) visa

If you meet the pool mark for the Skilled - Independent (subclass 136) visa, you can still lodge and register for the Skill Matching Database. More information on Skill Matching is available.

See: Skill Matching Database

If you are under 45 years of age, have Functional English and a degree, diploma or trade qualification, you can apply for a Skill Matching (subclass 134) visa with no initial charge. Applicants are registered on the Skill Matching Database and may be nominated by a State or Territory government for a Skilled Matching (subclass 134) visa, or sponsored by an employer under the Regional Sponsored Migration Scheme.

This category is not points-tested.

See: Skill Matching (subclass 134) visa

You may wish to apply for either the Skilled - Designated Area Sponsored (Provisional) (subclass 496) visa or the Skilled - Designated Area Sponsored Overseas Student (subclass 882) visa if you:

are under 45 years of age

have Functional English

have a degree, diploma or trade qualification

have a relative, as distant as a first cousin, living in a designated area in Australia, who is willing and able to sponsor you.

These visas are not points-tested.

See:

Skilled - Designated Area Sponsored (Provisional) (subclass 496) visa

Skilled - Designated Area Sponsored Overseas Student (subclass 882) visa What are the current pass and pool marks?

The table below lists all the current pass and pool marks for the points-tested visas in the General Skilled Migration category.

Category Current pass mark Current pool mark

Skilled - Independent (subclass 136) visa 120 70

Skilled - Independent Regional (subclass 495) visa 110 110

Skilled - Australian Sponsored (subclass 138) visa 110 105

Skilled - Independent Overseas Student (subclass 880) visa 120 120

Skilled - Australian Sponsored Overseas Student (subclass 881) visa 110 110

Skilled - Onshore Independent New Zealand Citizen (subclass 861) visa 120 120

Skilled - Onshore Australian Sponsored New Zealand Citizen (subclass 862) 110 110

How often do the pass and pool marks change?

Changes to the pass and pool marks occur to address Australian labour market needs.

You should check the current pass mark immediately before making an application. You will be assessed against the pass and pool mark that is in effect on the day you make your application.

[Fiona]

Hi Nicola,

Unfortunately the others are right regarding the MODL points. You may want to look into some other options, such as student visa, or perhaps an employer- sponsored temporary or permanent visa. If you don't qualify for the Skilled Independent visa, there are always other options to consider and it doesn't mean you have no chance of getting to Australia. You may just have to pursue a less obvious route.

Regards,

Fiona Carre

Registered Migration Agent

Gold Coast, Australia

[Dax]

Nicola

Sorry if I'm wrong but according to the MODL list (occupations in demand)(MODL is not the same as SOL list) I can not see sport administrator, so you dont qualify for points in this department.

Dax

Isnt the regional points for staying there for 2 years already? Not for intended stay?

Please correct me if I am giving incorrect advice.

BG

I could have MY facts wrong, BG.

When we applied for out Independent Visa 10 yearsd ago, we seemed to have received preferential treatment because we listed Adelaide as our First Choice for settlement.

However, i went through the points part again and I cannot see any other options either.

Sorry if I confused people!

Cheers,

Dax

[nicola]

I am REALLY sorry to go on about this but it is still not clear. If you go to http://www.immi.gov.au/skilled/general-ski...-occupation.htm site

and answer all the questions to see what visa you are eligible for it comes up with two options for me, one of which is the 136. If you proceed further, all the questions and points relate to the SOL and NO MENTION IS MADE OF MODL????? In fact when looking at being eligible it says the following:

Nominated Skilled Occupation

To meet this eligibility requirement, you must nominate an occupation on the Skilled Occupation List (SOL) that is relevant to your skills and qualifications.

See: Information form 1121i Skilled Occupation List (SOL), Sydney and Selected Areas Skills Shortage List (SSASSL) and Employer Nominated Skilled Occupation List (ENSOL) (129KB PDF file)

What if your occupation is not on the Skilled Occupation List?

You cannot apply for this visa if your nominated occupation is not on the Skilled Occupation List.

Points Awarded

You will only be awarded points for your nominated occupation if you meet the following:

the occupation you nominated was on the Skilled Occupation List (SOL) current at the time you made your application

the relevant Australian assessing authority for your nominated skilled occupation determines that your skills are suitable for migration.

Points are awarded based on which skill category your occupation is classified. A general overview of these categories is provided below.

Skill Points Awarded Requirements

For most occupations where training is specific to the occupation 60 In most cases you will have a qualification (such as a degree or trade qualification) and experience which meets the relevant Australian standards. Your qualifications and experience are also specifically related to your nominated occupation and you are able to meet any registration requirements in Australia. In some cases, experience without formal qualifications may be acceptable.

For more general professional occupations 50 You must have a qualification equivalent to an Australian bachelor degree or higher qualification – but it need not be specifically related to your nominated occupation.

For other general skilled occupations 40 You must have a qualification equivalent to an Australian diploma or advanced diploma – but it need not be specifically related to your nominated occupation.

A complete list of the points awarded for each occupation is available on the Skilled Occupation List.

See: Information form 1121i Skilled Occupation List (SOL), Sydney and Selected Areas Skills Shortage List (SSASSL) and Employer Nominated Skilled Occupation List (ENSOL) (129KB PDF file)

AM I STILL MISSING THE POINT? (EXCUSE THE PUN ) I have now also lodged a query with DIAC regarding this. Any comments very welcome.

[ptlabs]

AM I STILL MISSING THE POINT? (EXCUSE THE PUN ) I have now also lodged a query with DIAC regarding this. Any comments very welcome.

I would advise you to consult a registered migration agent instead of DIAC. DIAC does not give specific advice - that's not their job in general.

Peter

[tommo]

Hi Nicola

If you go to the immi.gov site you mentioned and go to Visa Options page and answer the questions about sponsership,age & english, residence etc under 'Which visa for me', it says you may be able to apply for a 136 visa, so based on the info you fill in there they recommend a visa that you may qualify for, thats not to say that you will definately get enough points to qualify for it, its just saying that you might.

At that stage they wont have mentioned the MODL list yet because they are basically first checking if you qualify (eligibility) for the 136 by being on the SOL, if you are not on the SOL then they just tell you to stop there because you dont qualify for a 136 visa.

So, just for the 136 to be an option, your nominated occupation must be on the SOL list and you get points for that.

Then when working through the points test, you will see about the MODL list.

If your nominated occupation is also on the

MODL List ,you get some more points.

And then at the end of the points test you can see if you have enough points.

So you need to be on the SOL list just to consider the 136 visa, and being on the MODL list will give you extra points.

Ha ha, I've just realised how confusing this can seem. As others have mentioned, you dont qualify for a 136 visa because you dont get any points for your job being on the MODL list but I think you will still get to Aus on one of the other visas so definately look at the other types of visas.

All the best

Gary

[nicola]

Thanks Gary!! One last question on this.....................why do they even bother with a SOL list as it seems pointless, just provide the MODL list up front. What is the point of getting 50 points for a SOL job - it doesn't contribute for any points for the 136.

VERY frustrated!! But Australia still calls

[kangaroo]

Thanks Gary!! One last question on this.....................why do they even bother with a SOL list as it seems pointless, just provide the MODL list up front. What is the point of getting 50 points for a SOL job - it doesn't contribute for any points for the 136.

VERY frustrated!! But Australia still calls

Nicola, the SOL does indeed contribute points-wise concerning the 136 visa. Occupations either get zero points (if your occupation is not on the SOL at all) or 40/50/60 points. You'll see that all MODL occupations get 60 points.

So count yourself lucky that your occupation does indeed get 50 points, as the 50 points MOST DEFINITELY contribute towards the points one needs for the 136 visa, or any other visa for that matter.

The point of the SOL and MODL is that, other than other countries, Australia carefully monitors the job market and its needs...therefore, the more wanted your occupation is (i.e. the less skills Australia has at present in your specific field), the MORE points your occupation gets.

And even if it is to our (people with 50-point occupations) initial disadvantage, I applaud Australia for adjusting the SOL and MODL according to actual shortages in the economy. That's partly why they have such low unemployment rates.

Plus, look at it like this: if it's this tough for us to get in, it's tough for everybody in the world. I think Oz wants to stay productive and that's why they are stringent - after all, no country wants to land up with a bunch of immigrants if there's no work for them (and the goverment and taxpayers have to carry the economic burden).

My opinion...

Edited April 13, 2007 by kangaroo

[alanb]

Nicola, regional Austrlia is not that bad. Its not like you have to go to a town of 500 people and a dog. Adelaide is a great city with one of the best markets I have ever visited in all of my travels, fabulous foods, and the winelands within an hours drive make it a great place to be.

We had to come to Townsville (pop. 150,000 and tropical weather) to be in an AON (area of need) and we were very aprehensive about it, but we are very happy here. Its not our first choice but its a great place to be in the world. Our plan is still to move to a bigger centre at some stage but the most important thing is that we are here.

The horrific tragedies that have been described in this thread are reason enough to get the hell out of there, fast. Consider what 2 years of your life in regional Australia really means. It will go by really quickly and it will be a great adventure. Thats how we look at it, we are seeing things in the area on weekends that are parts of the country we would never have visited if we went to Sydney or Melbourne.

All the best.

Alan

[MOM]

Regarding the 5 points,

Read the following:

http://britishexpats.com/forum/showthread.php?t=440240" target="_blank">British expats

(pinned at the top of the www.britishexpats.com site / immigration)

There is also a mention of this in topic "changes to the gsm system" further down on this immigration page

Good luck

xs

[nicola]

Thanks Alan! I agree that there are certainly worse places to be in the world, and at this stage any place where you can go to sleep without worrying about being attacked in the middle of the night are an option. Will certainly expand my options, as you make it sound really nice, especially the markets!

Warm regards

Nicola

[Jaen]

Hi Nicola,

I see that the new changes to the migrations and visa requirments have been announced. I think you will be very glad to see that they have increased the points for English to 25 for the very good English speaking people amongst us (you). Have a look here http://www.immi.gov.au/skilled/general-ski...anges/index.htm maybe you can get in after they are implemented.

cheers

Jaen

[nicola]

Thanks for the tip Jaen but it is not going to work for me as I don't have an occupation on the MODL and as such lose the "experience points" there. I am now looking at the 495 or 137 options. Not my first choice, but hey if it gets me there!!

Regards

Nicola