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WA State Sponsorship Visa 176


Guest monkeydust

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Guest monkeydust

hi everyone can anyone tell me if they are still processing wa state sponsered visas our case officer asked if we would fly out and in of australia before the 12 of november to activate our visa.we have no grant letter but were expecting it last week or this week.now we just dont know what is happening with these changes?can anyone shed some light on this matter for us thanks a lot!.

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Guest wanderer

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-priority-processing.pdf specifies the latest processing priorities and if you have an occupation classification on the CSL, all ought to be fine.

 

If your classification is not on the CSL you might consider yourself extremely fortunate not to be shuffled to the back of the queue and it is probably that your application was already well advanced that progressing is continuing.

 

To be granted an offshore visa, the CO is advising you that final determination could be scheduled for the 12th November, about normal ammount of notice and giving you time to arrange the cheap flight to Bali, Singapore or KL with airasia etc.

 

And so you need to confirm that you can do it and if considerably earlier than the 12th, then reply to the CO to suggest that or you may be advised to notify them a week before you depart.

 

But communicating with your CO is best course of action other than planning your flights.

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Guest Gollywobbler

Hi Monkeydust

 

I repeat what I said in response to your earlier thread.

 

http://www.pomsinoz.com/forum/migration-issues/70044-wa-state-sponsorship-visa-176-a.html

 

You should phone the ASPC and protest, loudly and firmly, because when the same thing happened in March DIAC decided to go ahead and grant the visas when the applicant was in Oz and had received a pre-grant letter.

 

Once DIAC issue a pre-grant letter it is an acknowledgement by them that the visa application has been fully approved and that they are ready to grant the visa. It could be that DIAC's lawyers advised that a visa applicant who is in Oz and has received a pre-grant letter would be able to invoke the legal doctrine of Specific Performance in order to ask the Court to compel the Minister to grant the visa regardless of his latest Direction. I don't know the reason why they made an exception for the people with pre-grant letters but my guess is that Specific Performance might have occurred to one of the lawyers involved.

 

Not that many people are in your situation. It is not worth risking litigation when maybe only 200 applicants - if that - are involved. Common decency requires a few exceptions even if nothing else does.

 

So please make the call and don't take no for an answer. Insist on speaking with the Manager in charge of the section if need be. Make the phone answering clerks understand that yours is not a run of the mill query and that they are not competent to attempt to advise you on their own.

 

Cheers

 

Gill

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Guest Gollywobbler

Hi again, Monkeydust

 

I mentioned earlier that somewhere recently I had seen a reference to the earlier priority processing rules being disregarded in cases where the visa applicant was in Oz and had received a pre-grant letter. I couldn't remember where I had seen the statement confirming this.

 

I've now found it - in Hansard. Please see this link:

 

http://mia.org.au/media/File/Hansard_question_gsm_visa_processing.pdf

 

Please see the bullet point answers in response to section (b) of the questions.

 

If anybody tries to say that you should not be treated differently from the majority, send them a copy of Hansard and ask what makes your situation different from that described in Hansard, I suggest.

 

Cheers

 

Gill

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Guest Gollywobbler
Gill, the OP doesn't have a pre-grant letter issued, does the same still apply?

 

Hi Basil

 

The OP does have a pre-grant letter. He described it on his earlier thread, wich is here:

 

 

[url=http://www.pomsinoz.com/forum/migration-issues/70044-wa-state-sponsorship-visa-176-a.html][/url]http://www.pomsinoz.com/forum/migration-issues/70044-wa-state-sponsorship-visa-176-a.html

 

Cheers

 

Gill

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No, both the thread you've linked to and the original post on this state no grant latter received - just expected, but as yet no sign of arrival.

 

I'm guessing the OP is worried the letter will now not come at all and the verbal instruction he has received is inavlid.

 

Sorry for sticking my nose in, im just curious with the changes how far DIAC are going to call a halt on the 176 visas.

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Guest monkeydust

hi everyone

we dont have the grant letter but we were expecting it last week or this week as we agreed that we would have been out and in before the 12 november.is it a thing that the grant letter has to be sent from one state to the other before you get it.our agent says that they have no other people that were asked would they be in and out by a certain date.are we grasping at straws or maybe we are just blessed that maybe we just made the cut off point?

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Guest Gollywobbler
hi everyone

we dont have the grant letter but we were expecting it last week or this week as we agreed that we would have been out and in before the 12 november.is it a thing that the grant letter has to be sent from one state to the other before you get it.our agent says that they have no other people that were asked would they be in and out by a certain date.are we grasping at straws or maybe we are just blessed that maybe we just made the cut off point?

 

Hi Monkeydust

 

If you do not have a pre-grant letter, whose idea was it to ask if you could depart from Oz soon and return before 12th November? What is the significance of 12th November?

 

Are you saying that your agent was anticipating receipt of a pre-grant letter on your behalf but that it had not arrived by the time the rules were changed?

 

The ASPC is in Adelaide. You have not said where your agent is based. However I would think that 100% of migration agents would rely on e-mail for correspondence with DIAC since that is DIAC's preferred method of communication apart from anything else.

 

Please clarify the exact situation. It is clear that DIAC have been making exceptions based on pre-grant letters but ONLY where DIAC themselves have sent the pre-grant letter. An agent supposing that a pre-grant letter would arrive soon would not be enough to persuade DIAC to treat you as an exceptional case, I strongly suspect.

 

Cheers

 

Gill

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Guest Gollywobbler
No, both the thread you've linked to and the original post on this state no grant latter received - just expected, but as yet no sign of arrival.

 

I'm guessing the OP is worried the letter will now not come at all and the verbal instruction he has received is inavlid.

 

Sorry for sticking my nose in, im just curious with the changes how far DIAC are going to call a halt on the 176 visas.

 

 

Hi Basil

 

Well spotted!

 

Thanks very much.

 

Cheers

 

Gill

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