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13th April 2013
Volume 240

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In This Issue
886 applicants still anxiously waiting
NSW shuts the door
Dear students, 


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Today we cover the never ending wait for anxious 886 visa applicants still waiting years after lodging their applications. Our office want's to ensure that these people are never forgotten whilst tens of thousand of people receive their visas who only lodged their applications a few months ago.


Also the NSW government has closed the door, for now, on accepting any more applications for state sponsorship for the 190 visa. This will disappoint many who were hoping to apply for the 190 visa class in the future. 

Four years on, 886 visa applicants still anxiously waiting 


Tanaya Das Reports 


Tania Ahmed came to Australia from Dhaka, Bangladesh in February 2007 as a ambitious young mother in search of a better future for her young family and herself. She decided to study commercial cookery, a profession that was listed as "in demand" at the time and expected to be on the fast track to Permanent Residency after finishing her course. Two years later having spent $32,000 in course fees alone she discovered that the rules had changed and her profession was suddenly not in demand anymore.


It wasn't as if she had to pack up and leave immediately, there was one pathway open to her; Skilled - Sponsored (Residence) visa (subclass 886). This visa allows overseas students who have completed their course studies in Australia and holders of certain temporary visas to apply for permanent residency. This visa uses a points test to select visa applicants with the skills and attributes needed in the Australian labour market.


One must be sponsored by an eligible relative living in Australia or obtain nomination from a participating state or territory government agency. Armed with this information Tania applied for her Residency in early 2009 listing her husband and children as her dependents. Little did she know that instead of that being the 

886 applicant
Tania has been now more than 4 years for her visa application to begin processing

final step to realizing her dream of being an Australian Permanent Resident it was the start of a long and painful wait that still shows no signs of being over.


She says "I left my two daughters when they were 5 and 11, thinking I was going to be able to give them a better life if I could steel myself for two years, the two years turned into six and my elder one is an adult now, she spent her entire teen years without her mother by her side"


As she looks into the distance she says softly "I want nothing more than to be a contributing member to this society, I want to open my own business and give back to the country I want to call my home, but I don't understand why I am made to feel like I don't deserve to stay here"


Tania's story isn't an isolated one. Bhavin* came to Sydney from India in 2004 to study a degree in business "My brother was a citizen here and I thought Australia had better prospects for a driven person like me" Its been almost a decade that he's been here and he is stuck in a limbo of not knowing when or if ever his dream of being an Australian Permanent Resident will be fulfilled.


Anticipating an end to his unbearable wait he got married in February 2012 and although his wife visited him on a tourist visa they haven't been able to live together for over a year. He says "I spent $50,000 on education alone and now after waiting in a queue for years I am unable to get on with my life or plan for the future"


All that applicants like Tania and Bhavin have are automated emails from the Department of Immigration and Citizenship that acknowledge that their applications were received. They keep waiting for a reply while life passes them by without their spouses to keep them company.


Bhavin says "Give me some indication you know, either yes or no, I own and manage a business, I am not someone forcing my way into this country"


Australia's migration system no longer works on the first come first served basis but there are various priority levels attached to the permanent visas. For example a candidate sponsored by an employer would get their visa processed first, much before a person acting independently. There are vague indications on the Department's websites barely specifying an end date to the applications stuck in the pipeline and since the introduction of priority processing in 2009 thousands of hopefuls have joined the queue waiting to start their life in Australia.


While people wait to have their visas granted applicants like Tania who hasn't seen her children in years thinks wistfully of the Australian Universities that she would like her elder daughter to attend.


*Name changed on request


The author of this story Tanaya Das is a former international student who did her post graduate studies in journalism from UTS. She has written many stories in the past for Immigration News covering the collapse of some of Australia's notorious business colleges. She has also worked as a researcher for programs aired on ABC and SBS and as an Online content Editor for Thomson Reuters.







NSW shuts the door - for now   

The NSW government sent out word just after 5.00 pm on Thursday afternoon that it was closing the door on the 190 visa sponsorship applications. They intend to open the door again to applicants from the 1st July 2013 but no doubt with a revised list of occupations they will offer to sponsor.

First we must stress to those hundreds of applicants who applied on or before the 11th March 2013, you do not need to worry. The government will continue to process those applications under the usual rules. On their web site you will find the following announcement;

Notice2012-13 APPLICATIONS


Applications for NSW nomination under the Skilled Nominated Subclass 190 visa for the 2012-13 financial year have reached full capacity and have closed for this year.

Applications for the Subclass 190 visa will open again in July 2013.

NSW continues to accept applications for nominations for other visa classes, including the Significant Investor Visa.

Applications received for NSW nomination under the Skilled Nominated Subclass 190 visa up to close-of-business on 11 April 2013 will be processed as usual. Any application that has already been received and is currently being processed will continue to be processed. Please note processing takes up to 12 weeks and applications may not be finalised in 2012-13. Details of the 2013-14 intake for the Subclass 190 visa will be available in July 2013.


Realistically these people who have already lodged should receive their decisions before the end of this financial year. No doubt that is the overall plan of the government to ensure when the new financial year comes around, they can open the doors again without a backlog of applications clogging their offices.

We have heard stories of many students lodging their NSW applications or sponsorship approval without actually meeting all the requirements laid out in the application form. For example a number have lodged their applications claiming points for Professional Year Programs they are yet to complete but expect to finish before their application processing time comes up. It appears they have done this to try and at least get in the que before it may close, however they should bear in mind the declaration they signed and dated on the application form;

"I declare that the above information is true and accurate and that I am confident that I meet all the Commonwealth/NSW critria for this visa".

It doesn't say "will meet". To those people who did this, good luck, you may need it.


Some light reading?  
Have a few spare minutes and nothing to do? Try reading one of our riveting historical newsletters to give you a buzz.

Won't exactly blow your mind but might rattle loose a filling.


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Kind regards,

Karl Konrad, Managing Director


Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

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 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.


저희 회사에는 한국인 스탭도 일하고 있습니다.








At times I have to pinch myself that this really is Australia. 


When we review the stories of these thousands of 886 visa applicants who have been waiting for more than 4 years for visa processing I feel this country surely must be a small outpost in Middle Earth ruled by the dark lords of Mordor.


How does the Commonwealth Government get away this sick form of cruelty? 


It seems allowed to continue on a daily basis completely unnoticed by the average Australian citizen.


We do our best here to give a voice to those who feel that nobody cares about them, about a system that treats them like like rodents entering Australia from a container ship mooring line.


There really is something perverted about taking thousands of dollars from a lawful applicant then telling them to shut up and wait for more than 4 years.


To add insult to injury, they must also bear the sight of applicants who lodged using a different occupations, have their visas granted within a month of applying.


It is like forcing a starving person to watch others feasting on a banquet.


Australia often blusters to China and other countries about human rights but it seems to be willing to overlook the hypocrisy in its own back yard.







Karl Konrad

Karl Konrad

Managing Director

Han Photo with Jacket

 Executive Manager

Jee Eun HAN


Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 13, 37 York Street Sydney NSW 2000

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