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Guest golden777

I need help on Contradicting response from DIAC

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Guest golden777

Please i need your urgent advice.

 

I applied for 175 Visa July 11th. Thereafter, i got sponsorship from Queensland August 12th.

 

I commenced a new online application, but could not completed it because an error message kept telling me i had a previous application in the system.

 

I called and wrote DIAC, they confirm that my July 175 application will be treated as a 176 visa because of my sponsorship, no need to apply for a new one. This confirmation was done both when i called and they also wrote me an email to confirm this fact.

 

My queensland case office also confirmed that my application will be treated as category 2 if its on SMP. he also sent form 1100 to DIAC

 

Now SMP is out and my occupation is there. I called DIAC today to find out the status, only to be told that my State sponsorship from Queensland was not accepted by DIAC because i got sponsorship after i have applied for 175. The lady also confirmed i have a case officer, but it will be treated as 175.

 

I need advice as to what to do. I want my case treated as 176 to enable get the full points. I am afraid i may score between 110 to 115 if treated as 175 whcih will not be up to the 120 points required.

 

Please what do i need to do to get them fulfill the original mail they sent to me that my case has been noted on file as 176?

 

Your advice will be greatly appreciated

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Your 175 application cannot transition to a 176 as you lodged your visa application after 30/06/2010.

 

If you wish your application to be processed as a priority category 2 QLD sponsored application I recommend you lodge a new paper based application under subclass 176.

 

By all means invite the Department to process your original 175 application in accordance with the email you say you have received, but I anticipate that they cannot lawfully do so.

 

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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Guest golden777

But this is an strange, After providing them with all my details, the question i asked DIAC was if i could change from 176 to 175 since i was unable to proceed with a new one. They agreed its posible. To be double sure, i also sent a mail across and this was the reply i got from DIAC:

 

"Thank you for your email in relation to your visa application under Australia's

General Skilled Migration program.

 

I can confirm your 175 visa application was received on 11/07/2010.

 

Systems records show that the State/Territory Nomination submitted in support of

your application has been received and noted on your file.

 

Your application will be allocated to a case officer in accordance with the

priority processing direction.

 

Please note that it is not necessary to apply for another 176 visa. Once

allocated, your case officer will then assess your current subclass 175 visa

application as a subclass 176 visa application. "

 

What else can i do when they ask me not to, and then turn around and say i did not apply for a new one after i got my sponsorship. How do i handle this?

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I would be pushing it as hard as you can ... but I suspect you won't get too far.

 

The issue is quite possibly that the consequences of the changes effective 01/07/2010 weren't known until mid-July, so the person who replied to you wasn't aware of the ramifications of the new arrangements.

 

Good luck.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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