Mikey Finn

I have enough points to go Skilled Independent 136, but also a sister-in law who could Sponsor us for a 138 - but then you get into Assurances and stuff.

Does the 138 have advantages to speed or likelihood of a successful outcome?

Thanks in advance

Mike.

Alan Collett

Mike,

There's no DIMIA processing priority given to 138 applicants, unless yours is a MODL occupation - but that would also pertain to a 136 application.

Because the Assurance of Support process adds complexity and time I'd usually recommend the 136 pathway in situations such as yours.

Best regards.

Mikey Finn

That's interesting - I thought Australian sponsored were prioritised - better not tell them after they have filled the forms in

I'm going as 2211-11 Accounant which is on the MODL list. What's the implication?

Thanks for your help

Mike.

Alan Collett

Mike,

The 139 subclass is priority processed - ie where your relative lives in a Designated Area of Australia.

As a MODL applicant you would be priority processed under the 136 or the 138 subclass; as mentioned I generally recommend the 136 where one has a choice between the two subclasses, simply because it removes the need to deal with the AoS process.

Best regards.

WESTLY

Dear Mike

In my professional opinion, given a choice, apply for a sponsored visa.
If you apply offshore and you are not sponsored and the visa is refused the outcome is catastrophic - you CANNOT seek a review of the merits of the decision.

Westly Russell
Migration Agent

Alan Collett

That's a fair point, Westly, though we haven't had any failed skilled applications, so its not been an issue for us ...

Best regards.

Mikey Finn

Thanks guys - it's not easy this is it!! My sponsor is in Melbourne so I could go for a 136 with 120 points (me as Primary applicant), 138 with 135 points (with Wife as Primary Applicant and me as Spouse) or a 139 which isn't points tested is it?

I'm 45 at end of Feb so I now realise I've left it tight but can get application off within a week. Speed isn't really the issue - just a successful outcome.

Any more words of wisdom?....

Thanks so far. It's much appreciated.

Mike

WESTLY

139 is not points tested.

You had better get your digit out.

JAJ

That's a fair point - however to offset that, sponsored applications carry the additional complication of the Assurance of Support.

My impression from these forums is that many people are totally confused by the AOS rules and quite a few applications hit problems for this reason, often at a late stage.

Using a good agent can minimise this risk but not remove it - sometimes the assurer backs out at a late stage.


Jeremy

WESTLY

You dot not have to wait until Centrelink to be involved, and they are totally confused too.

I had a case where ASPC assessed a 139 against the wrong visa class, not just the wrong subclass, and refused a visa on the grounds that the applicant had submitted false employment documents with his skills assessment. As it happened he had been assessed by VETASESS and had not submitted any work experience documents. ASPC corrected their error and then confirmed the refusal decision on the grounds ....