Claim points for sponsorship without AOS!!

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Avin - 13 Jul 2007 01:55 GMT

Explaing the changes coming into force from 1 Sept, DAIC on its
website says 'GSM visa applications made but not finalised before 1
Jan 08 will have the AOS criterion removed'.

I interpret this as applications made for visa 139(i.e before Jun
2006) and 138 before 30 Sep 07 will be claiming points for sponsorship
from a relative but do not require to give a AOS.

It looks it favours me as I have sponsored my brother for 139 (lodged
on Jun 29,2006) and still the application is under process. I wish it
would stretch until Jan 08 and I would avoid giving AOS. Ofcourse,
there are valid reasons for stretching as my brother got married
recently, since the decision has not been taken yet on applicaiton, we
wish to add her and she had to go for medicals, IELTS etc we can very
well request CO to give some more time on each occassion.

I wonder If I did interpret the changes correctly.

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ptlabs - 13 Jul 2007 13:43 GMT

> I interpret this as applications made for visa 139(i.e before Jun
> 2006) and 138 before 30 Sep 07 will be claiming points for sponsorship
> from a relative but do not require to give a AOS.

Unfortunately, the 138 and 139 visas will still need an AoS, even if the
they are decided after 1/9/2007. Only the new visa subclasses from
1/9/2007 won't need AoS - this has nothing to do with the date your
application is finalized.

Regards,
Peter
Registered Migration Agent, Specialist in ACS/RPL/IT cases

http://www.ptlabs.com.au/

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ptlabs - 29 Aug 2007 02:32 GMT

>> I interpret this as applications made for visa 139(i.e before Jun
>> 2006) and 138 before 30 Sep 07 will be claiming points for sponsorship
[quoted text clipped - 4 lines]
> 1/9/2007 won't need AoS - this has nothing to do with the date your
> application is finalized.

Alvin

I was responding to your interpretation (quoted above). Just because a
139 or 138 is lodged before 30/9/07 (which is a meaningless date anyway)
does not mean it won't need an AoS.

George gave an explanation on a generic level which I naturally agree
with as well.

Regards,
Peter
Registered Migration Agent, Specialist in ACS/RPL/IT cases

http://www.ptlabs.com.au/

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Avin - 29 Aug 2007 03:17 GMT

Hi Peter,

What I was meaning was all the applications of 138 and 139 not decided
before 1st Jan 2008 would not require AOS. Would you please agree?
Thanks.

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George Lombard - 15 Jul 2007 21:34 GMT

> Explaing the changes coming into force from 1 Sept, DAIC on its
> website says 'GSM visa applications made but not finalised before 1
[quoted text clipped - 13 lines]
>
> I wonder If I did interpret the changes correctly.

Hi Avin,

Yes, that's correct that the AoS requirement will be removed for all
general skilled migration applications still under processing on 1
January. Not sure how you can delay it though.

Cheers,

George Lombard

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Avin - 27 Aug 2007 03:06 GMT

Hi ptlabs,

I am just wondering why there are diverging views on this topic by 2
different MARA agents. When the FAQ on changes clearly says
applications lodged on or before 31 Aug 2007 will not require AOS if
they are still undecided by Jan 1 what is the basis for this view that
still 138 and 139 would require AOS. Can you please clarify the reason
for your view and remove the confusion. Thanks.

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George Lombard - 27 Aug 2007 13:45 GMT

> Hi ptlabs,
>
[quoted text clipped - 4 lines]
> still 138 and 139 would require AOS. Can you please clarify the reason
> for your view and remove the confusion. Thanks.

Hi Avin,

I'm sure that Peter would agree that my view is correct.

The information has now been released in the new legislation - the
Migration Amendment Regulations No.7 of 2007 which devote the whole of
its Schedule 2 to the removal of AoS requirements from General Skilled
Migration applications, see
http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrument1.nsf/0/040E4AD
D93E31728CA25734100069477/$file/0610663A070813EV.pdf
.

Cheers,

George Lombard

www.austimmigration.com.au

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betterman - 27 Aug 2007 10:14 GMT

Avin

Can you please attach link to DIAC website where you have found thi
information

--
betterma

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Immigration Forum / Australia and NZ / August 2007

Claim points for sponsorship without AOS!!