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To 175 or 176... that is the question?


pommysteve

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Hello all,

Need some advice(yes, more!). This forum seems to be the right place as you're all so knowledgable!

Got my positive skills assesment back which is on CSL and MODL last week.

I'm still trying to get my head around all the changes that have occured and are no doubt about to occur in the budget...! gulp!

 

I originally wanted to apply for a 175 visa. Now everyone seems to be jumping ship onto the 176 which seem to be flying out! but we don't want to go for about a year and I can't figure out if 175's are being processed at all?

 

With all that in mind do you think we should get 175 application in quick in case they remove my skills from the MODL? Then if it takes too long we can switch to a 176 application to speed it up when we're ready??.

 

Help appreciated!

Steve.

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Hi Steve,

 

Then if it takes too long we can switch to a 176 application to speed it up when we're ready??.

 

Have you ever heard the expression about shutting the stable door after the horse has bolted?

 

If you have the slightest intention of migrating to Oz in the foreseeable future then do not hang about delaying your application.

 

It is quite obvious to everyone that the shutters are coming down in just about every area of the migration program right now. What will happen in the future is anyone's guess.

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Thanks Les, but I couldn't apply until I got my ACS skills assesment back to prove my MODL status(3 days ago). Now I'm trying to figure out the best visa route and how to apply... I would've thought a 175 application would at least get us "in the pot"?

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Hi Steve,

 

All it will do is stop the clock if you are nudging 45. It won't stop any changes etc which will/may affect you.

 

I was told this evening by another RMA that only Employer and State Govt sponsored 176s are being processed at the moment. Not even CSLs. How true that is, I don't know.

 

I have fired off an email to the MIA asking that they seek clarification.

 

Go ahead and get your application in for a sponsored 176 asap. It will, more likely than not, be several months before it is approved anyway, and then you'll usually have 12 months to make a validation trip out here.

 

You can then move out here at your leisure before the initial period of the visa expires (although please make sure you don't leave it until the last minut).

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Thanks again Les,

I'm 38 by the way, so age not a problem... well I ache a bit but that's another story :-)

 

I wanted a 175 so I could move around to find work if things get tight in the job market to give us the best opportunities. As we won't be ready to go for at least a year speed isn't an issue as long as changes do not scupper our application completely.

 

Looking at the timeline spreadsheet on here it seems the 176's are flying out in around 3 months.

You're emphasising 176 which is understandable but it would be my 2nd option unless there's good reason for not applying for a 175? I'm just trying to figure out if applying for a 175 will be problematic in any way? Can you switch from 176 to 175 fro instance or is it only 175 to 176? I guess there's also an extra delay with 176 as I've got to get state sponsership?

 

Cheers,

Steve.

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I would take Les Mighall's advice if I were you. You do not have to move to Australia the minute you get your visa. You have one year from the date of the medicals and police checks to go out and validate and then 5 yrs from the dates of the meds etc to move there. As Les mentioned with the timing, you wouldn't want to wait til the last minute though bc you need to spend 2 of the 5 yrs in Aus otherwise it becomes complicated.

 

As for wanting to move around to find a job, if the state that sponsors you (assuming you can get sponsorship) is not a winner as far as finding a job goes, then you are legally permitted to move to another state. The obligation to live in that state for 2 yrs is a moral/ethical one--there is no legal condition on the 176 visa to live in the state that granted sponsorship.

 

By the time you do the state sponsorship application and then get it (if you are successful) you still need then to wait for DIAC to process your visa application and all in all, assuming you get a visa, that would still take months. Legally, just like with most things in life, there are no certainties. If you have a skill that is currently on some state skills lists then that is what you need to work with. That is all that is certain.

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I Appreciate your help people, don't think I don't!

 

Surely if I apply for 175 I'll be "safe"? Nobody has had their visa rejected as a result of any changes, just delayed and messed about a lot. Annoying, but they're all still emmigrating? God I hope I'm right about that point!

 

A 176 application would be faster & more restrictive than I'd like but if it's my best option then I'll do it. Can't blame me for spending a bit of time making sure I'm applying for the right subclass though?

 

I've just dug up some statistics regarding 175 visa processing but I'll start a new thread...

Look forward to your thoughts on above...

Steve.

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Hello all,

Need some advice(yes, more!). This forum seems to be the right place as you're all so knowledgable!

Got my positive skills assesment back which is on CSL and MODL last week.

I'm still trying to get my head around all the changes that have occured and are no doubt about to occur in the budget...! gulp!

 

I originally wanted to apply for a 175 visa. Now everyone seems to be jumping ship onto the 176 which seem to be flying out! but we don't want to go for about a year and I can't figure out if 175's are being processed at all?

 

With all that in mind do you think we should get 175 application in quick in case they remove my skills from the MODL? Then if it takes too long we can switch to a 176 application to speed it up when we're ready??.

 

Help appreciated!

Steve.

there is no question only a 176

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I'm not an immigration lawyer nor a migration agent but I'm a corporate lawyer and understand at least the concept of 'rights' and what the government can do in relation to those. It may well be that the Aus govt decides to start processing 175 visas that are not on the CSL again. But who knows? What if (and I have not heard this just speculating for the sake of this post) the Fed Govt decides to do away with 175 visas and just basically only allow people with state sponsorship or job offers to emigrate to Aus? You have no guarantee whatsover about the future policy of the Aus Govt or any other govt. The advice given here is based on the fact that at present you have the chance to get a PR visa using 176---so why potentially blow that just bc of your timing? Totally up to you of course what you do.

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