Jump to content
Guest janeymcp

Submit 176 even though state sponsorship still closed?

Recommended Posts

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?

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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??

Share this post


Link to post
Share on other sites
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!

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
Guest ChiltzandTig

Nice one, let us know what they say?

Share this post


Link to post
Share on other sites
Guest janeymcp

will do

Share this post


Link to post
Share on other sites

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


Paul (40), Lesa (41), Jason (12) and Jamie (10)

AQF III passed 18/03/2010 TRA sent 07/04/2010 TRA Approved 27/05/2010 WA SS lodged 20/12/10 WA SS rec 03/02/11 Visa lodged 05/02/11 CO assigned 07/03/11 VISA GRANTED 10/05/11 :biggrin:

Share this post


Link to post
Share on other sites
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 ?

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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...

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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)

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites
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. :)

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×