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Can I Submit application 176 to DIAC, while SS application is in Progress?


Guest mkokab1

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Guest mkokab1

Dear Folks,

 

Please suggest if someone has information or been through similar experience.

 

I have all the required documents for submitting application for Subclass 176 to DIAC, but my application to Victorian State Government for state sponsorship is in process and has not been approved yet. My question is, should I go ahead and apply to DIAC now, and when SS is approved, send them the approval letter or Victorian Government inform them directly?

 

Is there any requirement from DIAC, which says that SS must be approved first before applying under Subclass 176?

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Dear Folks,

 

Please suggest if someone has information or been through similar experience.

 

I have all the required documents for submitting application for Subclass 176 to DIAC, but my application to Victorian State Government for state sponsorship is in process and has not been approved yet. My question is, should I go ahead and apply to DIAC now, and when SS is approved, send them the approval letter or Victorian Government inform them directly?

 

Is there any requirement from DIAC, which says that SS must be approved first before applying under Subclass 176?

 

You can't lodge a 176 until you have a state sponsorship. You can however lodge a 175 and change it to a 176 when / if state sponsorship comes through.

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Guest mkokab1

Pumpkin,

 

Thanks for quick reply. I have gone through DIAC website and quoting the requirements for 176 visa application below:

 

"What you need to apply for this visa

 

At the time you apply for this visa, you must meet all of the following requirements:

 

you are under 45 years of age

you have paid the correct visa application fee

you have lodged your application with the Adelaide Skilled Processing Centre (ASPC)

you meet the English Language threshold

you have obtained a positive skills assessment from the relevant assessing authority for your nominated occupation

you meet the recent work experience requirement or have met the Australian study requirement in the six (6) months before lodging your application."

 

Also, I have looked at online application for 176. In there it asks following question:

 

"Eligible Sponsor

 

Select the condition that applies to you:

 

You will be sponsored by a relative.

You will be nominated by a State/Territory government agency"

 

I have bolded the word "will", which apparently implies that I don't need a approved sponsorship from state at the time of submitting 176 application.

 

The above reasoning suggests that I can apply for 176 before SS is approved, but couldn't find any clear source of information.

 

Can you please tell me your source of information, if for 100% I can't apply right now? Thanks.

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Guest mkokab1
hi mkokab1

i submitted my visa whilst waiting for my SS this was my timeline (visa lodged 20/07/09 SS recieved 23/09/09

Hi Jackster, Thanks for reply.

 

Did you lodge 176 in the beginning or 175 and later converted to 176 when SS was approved?

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What difference would it make whether you lodge for a 175 and change to a 176 when you have state sponsorship. Is there some reason you do not want to do this? I am not sure why you are making a big deal about it. Loads of people do this.

 

If you don't want to lodge a 175 application at first, then you will have to wait for the state sponsorship to come through. You cannot lodge for a state sponsored visa i.e. a 176 unless you have a state sponsor. This is common sense no?

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

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Guest mkokab1
What difference would it make whether you lodge for a 175 and change to a 176 when you have state sponsorship. Is there some reason you do not want to do this? I am not sure why you are making a big deal about it. Loads of people do this.

 

If you don't want to lodge a 175 application at first, then you will have to wait for the state sponsorship to come through. You cannot lodge for a state sponsored visa i.e. a 176 unless you have a state sponsor. This is common sense no?

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

I would apply for 175 and change it to 176, but I have read in some forums and website that the process is faster if I lodge my 176 application initially, instead of changing 175 to 176 later.

 

Anywayz, thanks for your advice.

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Guest HoriFTC
What difference would it make whether you lodge for a 175 and change to a 176 when you have state sponsorship. Is there some reason you do not want to do this? I am not sure why you are making a big deal about it. Loads of people do this.

 

If you don't want to lodge a 175 application at first, then you will have to wait for the state sponsorship to come through. You cannot lodge for a state sponsored visa i.e. a 176 unless you have a state sponsor. This is common sense no?

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

Perhaps he hasn't enough points for visa subclass 175?

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I don't see how that is relevant to the conversation.

 

I am wondering why the hesitancy to apply as a 175 and then change it when SS is through. Very common approach.

 

 

i agree, i didnt have enough points for a 175 it didnt matter because i new they wouldnt be looking at my app because it wasnt a priority

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Guest Gollywobbler

Hi All

 

The Migration Regulations provide the answer to this riddle but the ComLaw website is not opening for me at the moment.

 

With the sc 176 visa, the sponsor's identity is not relevant to DIAC until the time of decision. It is not a time of application requirement for the sponsorship to be in place before you can apply.

 

The gamble, of course, is that if you submit a sc 176 application when there is no possible Family sponsor and all the States you apply to reject you, plus you don't have and can't get enough points for the sc 175 visa instead, you will throw your $2,525 application fee away.

 

However no law prevents you from taking a calculated risk if you want to.

 

Cheers

 

Gill

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Hi All

 

The Migration Regulations provide the answer to this riddle but the ComLaw website is not opening for me at the moment.

 

With the sc 176 visa, the sponsor's identity is not relevant to DIAC until the time of decision. It is not a time of application requirement for the sponsorship to be in place before you can apply.

 

The gamble, of course, is that if you submit a sc 176 application when there is no possible Family sponsor and all the States you apply to reject you, plus you don't have and can't get enough points for the sc 175 visa instead, you will throw your $2,525 application fee away.

 

However no law prevents you from taking a calculated risk if you want to.

 

Cheers

 

Gill

 

As you know the DIAC will assess a 175/176 application against both subclasses.

 

At the time of application the applicant/s are required to INDICATE that there will be a sponsorship forthcoming, if this is the case. This should be enough for the DIAC not to finalise the application before enquiring about the purported sponsorship.

 

I would not advise a client to lodge without having proposed sponsorship in place unless age, or points, or some other factor was going to have an adverse effect.

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Hi all,

 

I applied for my 176 visa at the same time as I applied for the state sponsorship (Queensland). I didnt have enough points for a 175 so had to apply for the 176. It definately worked in my favour, as they started to process my visa application before I got my SS. As a consequence, I notified QLD that my 176 had started to be processed and when I provided proof of this, they then moved my appn up the pile and granted it within a week or two.

 

Hope that helps.

 

Julz

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  • 1 year later...

anyone know if you can apply to DIAC before getting the state sponsor?? timescales are not good for us so need to move real fast

thanks if anyone has recently done 176 to DIAC then applied for the state, we are looking at WA

thank shaorn x

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anyone know if you can apply to DIAC before getting the state sponsor?? timescales are not good for us so need to move real fast

thanks if anyone has recently done 176 to DIAC then applied for the state, we are looking at WA

thank shaorn x

Was reading through old posts, and am keen to see what others say about this. I believe I will be fine points wise if we lodge after July 1st, but am inpatient and want everything done yesterday! I am not enjoying waiting around at all!!

Donna x

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anyone know if you can apply to DIAC before getting the state sponsor?? timescales are not good for us so need to move real fast

thanks if anyone has recently done 176 to DIAC then applied for the state, we are looking at WA

thank shaorn x

 

 

This was an old post to start with. You must have SS BEFORE applying for 176. You can no longer apply for 175 then change it to 176.

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  • 1 year later...

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