Submit 176 even though state sponsorship still closed?

[Guest janeymcp]

Hi

I wonder if anyone can provide any insight into my situation?

i am a registered nurse & wish to apply for a 176 visa. I do not yet have state sponsorship and I need SS to have sufficient points.

I understand from the DIAC website that the procedure is now that I submit my 176 visa application to DIAC first, and then apply for state sponsorship. However if the states are currently not accepting state sponsorship applications, what will happen to my 176 application if the state does not confirm their support within the 28 days? will it go into the pool (presumably then to be processed once SS confirmed) or would it be rejected as insufficient points and my fee lost?

any ideas?

[Guest ChiltzandTig]

I think that you need to have SS before you can apply for a 176 visa. Used to be that you could apply for a 175 visa, apply for SS, then switch to 176, but we have been told that this option has been closed.

Hence the need to wait for the states to finalize their migration plans.

[Guest janeymcp]

yes, that was my previous understanding too, but new info on DIAC website today seems to say you now sumit the 176 app first then follow up with state sponsorship??

[Guest ChiltzandTig]

yes, that was my previous understanding too, but new info on DIAC website today seems to say you now sumit the 176 app first then follow up with state sponsorship??

 

If you try to apply for a online 176 visa, the first page of the application form requires you to enter your state sponsored reference number!

[Guest janeymcp]

I know!- totally confusing - the news page says there are changes to the process but the page re how to apply seems just the same! i've e-mailed them to check

[Guest ChiltzandTig]

Nice one, let us know what they say?

[Guest janeymcp]

will do

[paulswin]

I'm curious too I heard you cannot lodge a visa until you have SS!!!

[Guest celalit]

I know!- totally confusing - the news page says there are changes to the process but the page re how to apply seems just the same! i've e-mailed them to check

 

 

Any update guys on this 176 ?

[Guest Gollywobbler]

I'm curious too I heard you cannot lodge a visa until you have SS!!!

 

Hi Paulswin

 

You are right. It is now (as of 1st July 2010) a Time of Application requirement that your State sponsorship must be in place before you can apply for an sc 176 visa. It used to be a Time of Decision requirement, but DIAC have decided to slow the process right down.

 

Once the visa applicant has submitted the visa application, quoting the State sponsorship number supplied by the relevant State, the State then has to submit Form 1100 to DIAC, confirming the offer of State sponsorship.

 

Once the visa application has been made, the DIAC computer allocates a TRN (Transaction Reference Number) to the application. It gives the TRN to the visa applicant. The visa applicant then has to tell the sponsoring State what the TRN is, so that the State can quote it on Form 1100.

 

The State is required to submit Form 1100 to DIAC within 28 days of the visa applicant making the visa application, it now says on the new DIAC burble.

 

If a doctor or a nurse has to hang about until the States are accepting State sponsorship applications again, not to worry. The sick and suffering in Australia are not in any hurry to get medical attention according to DIAC. If the sick drop dead, they won't be making formal complaints to DIAC or complaining to the Commonwealth Ombudsman about this nonsense. As for the merely suffering, it is possible that they might recover, I guess.

 

It is TOTALLY CRAZY, but so are the Minister for Immi and DIAC's Top Brass, imho.

 

Cheers

 

Gill

[Guest celalit]

Just a quick question. can i lodge 176 family sponsor application and after receiving SS or SMP, convert the same application to SS or SMP to receive higher priority processing? Is this conversion OK with DIAC ? And where is this mentioned on its website ? Any body please guide me thru this...

[Guest celalit]

Can i lodge 176 family sponsor application ;and after I receive SS or SMP, convert the same application to SS or SMP to receive higher priority processing? Is this conversion OK with DIAC ? And where is this mentioned on its website ? Any body please guide me thru this

[timmyf]

Need more brain surgeons.... me thinks.Tim

[wrussell]

Can i lodge 176 family sponsor application ;and after I receive SS or SMP, convert the same application to SS or SMP to receive higher priority processing? Is this conversion OK with DIAC ? And where is this mentioned on its website ? Any body please guide me thru this

 

You cannot do it.

 

If you take migration advice from the DIAC website, or any other DIAC publication, you are on slippery ground.

[Guest Gollywobbler]

You cannot do it.

 

If you take migration advice from the DIAC website, or any other DIAC publication, you are on slippery ground.

 

Hi Westly

 

DIAC write and publish the PAMs, remember. Even RMAs are relying only on information published by DIAC at the end of the day, except for the legislation itself and the case law relating to it.

 

As yet, there is no case law about the 1st July 2010 changes. The stuff about the ToD criterion becoming a ToA criterion is in the Explanatory Memorandum, which is published on the DIAC website....

 

So what persuades me that you are relying on "information" that I am unable to get hold of and unable to understand, please? Nothing that you have said above convinces me, for the reasons I have explained.

 

Cheers

 

Gill

[Guest Gollywobbler]

Can i lodge 176 family sponsor application ;and after I receive SS or SMP, convert the same application to SS or SMP to receive higher priority processing? Is this conversion OK with DIAC ? And where is this mentioned on its website ? Any body please guide me thru this

 

Hi Lalit

 

If you have already lodged your visa application, you can still switch between Family to State sponsorship.

 

However from 1st July 2010, you have to choose the identity of your sponsor at the time of the application and you cannot then change your mind later. This is the case if you have not applied for your visa as yet.

 

The authority for what I am saying is here:

 

Australian Immigration - Legislation Change Update

 

and

 

http://www.comlaw.gov.au/ComLaw/legislation/LegislativeInstrument1.nsf/0/EBA1D0AA57F0897ACA2577440002AD97/$file/1010669A100609EV.pdf

 

Please look at Clause 151 (2) (a) and (b). Basically, if the occupation is in Schedule 3 of the new SOL then a relly or a State can sponsor the application. If the occupation is only in Schedule 4 of the new SOL then the occupation must be on the SMP for the State which has sponsored you and only a State can sponsor Schedule 4 occupations under an SMP. It ic complicated to understand but it works!

 

Cheers

 

Gill

[Guest janeymcp]

Hi

Had this response from DIAC today:

Dear Client,

 

Thank you for your enquiry.

 

You must have your sponsorship nomination approved first- prior to you lodging your visa application.

 

Please contact the State/Territory government you wish to reside in and obtain information on their procedures for sponsoring applicants. Please refer to the website link below for participating State/Territory governments:

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

[khanzahid235]

Hi

Had this response from DIAC today:

Dear Client,

 

Thank you for your enquiry.

 

You must have your sponsorship nomination approved first- prior to you lodging your visa application.

 

Please contact the State/Territory government you wish to reside in and obtain information on their procedures for sponsoring applicants. Please refer to the website link below for participating State/Territory governments:

 

Skilled – Sponsored (Migrant) Visa (Subclass 176)

 

Does this mean that we can apply 176 now using schedule-4 without waiting for SMP if we have already approved SS.

I have VIC SS but my code has mapping in schedule-4 only .can I apply 176 using schedule -4 without waiting for SMP?

[Guest celalit]

Does this mean that we can apply 176 now using schedule-4 without waiting for SMP if we have already approved SS.

I have VIC SS but my code has mapping in schedule-4 only .can I apply 176 using schedule -4 without waiting for SMP?

 

The Schedule 4 applies to this :

This list applies to applicants for subclasses 176 (Skilled – Sponsored), 886 (Skilled – Sponsored), 475 (Skilled – Regional Sponsored) and 487 (Skilled – Regional Sponsored) visas who are nominated by a State or Territory government agency.

 

And I think you can apply for the visa right now.

[Guest celalit]

Experts,

If I apply for 176 Family sponsorhip with my nominated application in the new SOL, which priority will I get?

Is this 4th or 6th priority ?

 

Thanks in advance.

Lalit.

[wrussell]

Hi Westly

 

DIAC write and publish the PAMs, remember. Even RMAs are relying only on information published by DIAC at the end of the day, except for the legislation itself and the case law relating to it.

 

As yet, there is no case law about the 1st July 2010 changes. The stuff about the ToD criterion becoming a ToA criterion is in the Explanatory Memorandum, which is published on the DIAC website....

 

So what persuades me that you are relying on "information" that I am unable to get hold of and unable to understand, please? Nothing that you have said above convinces me, for the reasons I have explained.

 

Cheers

 

Gill

 

The PAMs are persistently out of date and frequently wrong.

 

As has been demonstrated by numerous court rulings, including some recent rulings, some of the migration legislation was ultra vires.

 

It is not open to the minister, or any of his delegates, to place constructions on the legislation, but they take it upon themselves to do so and publish their perverse opinions in various places, including their website.

 

It is a mistake to believe that the DIAC will act fairly or reasonably, or even legally.

 

I have noticed errors on the current crop of forms and incompatibilities in some recent legislative instruments. I used to point out drafting errors and bungled forms. I have given up now.