JohnandMichelle

Hi, questions for everyone - bit of a tricky one. Just been refused 138 visa because of sponsorship problems (long story); have a good case for appeal though and are in the processing of getting paperwork together and that was our only lifeline. Now though my husband's occupation is about to be added to MODL (General Electrician) and so we now have the 120 points to apply for 136, which will probably be quicker than the appeal, time wise. My questions are (1) will ASPC allow us to send in a fresh application form for 136 and use all documentation they have on our 138 file including meds and PCC's (dated only Dec 04) and valid for a year and (2) if they will, do we have to pay another application fee and can they just re-assess us for free (long shot, I know.....) or do we have to start all over again? I e-mailed my lovely CO on Thursday, but have not heard back and from past experience, she may not even bother. If not, I'll ring Adelaide myself, but was just wondering if anybody had any thoughts on this. Also, do we pay for an appeal at the same time, just in case..!!??

swissfabs

Hmm, im sorry to hear that ur 138 didnt work.

Best thing to do, if u have the funds, is to consult a migration agent or even maybe a migration lawyer.

From what i read and my short experience, i would say that :

1) yes u can reuse the same medicals and pcc - that seems pretty normal
2) dimia will make u pay for another application fee
3) has ur husband's occupation already been assessed? that would make things easier

but its worth appointing an agent, maybe not to do the whole application but just to get advice wether its worth heading for an appeal or easier just to reapply!!!

good luck with whatever u decide,

fabie

JohnandMichelle

Hi, thanks for that. Yes husband has already been successfully assessed by TRA and we had passed all other criteria for 138. (We failed 138 because they said that my sponsor, my natural brother, could not sponsor us as he had been adopted as a baby). Would gladly pay DIMIA further application fee for 136, especially if I thought we could re-use all the documentation. With an occupation on the MODL, doesn't it get assessed pretty quickly, especially if its "front loaded"? To be honest, what with the original application fee, a possible further app fee and even a possible appeal fee on the go at the same time, the price of a migration agent just tips the scales. Hopefully, I can get through to a civilised customer service person at Adelaide next week...!

swissfabs

Well, good luck with adelaide! everytime i called them i got a different answer. I really think that you do have a case for court though, he is your natural brother... i think it would be worth giving a call to an immigration lawyer though, just to know if they have already had the case.
I have read on this forum about non-natural uncles or aunt acting as sponsors and it work.

I definitly trust my immigration lawyer, please PM me if you want her details. i am sure she would answer to an email. worth a try.

fabie

JAJ

Any kind of sponsorship using 'natural' relatives who have been adopted out is going to be very complex and should only be done under the guidance of an experienced professional.

Your options are:
- appeal to the MRT and/or court. Professional advice essential.
- reapply for 136 if you qualify (you'll be treated as new applicant). Don't rule out the STNI/Skill Matching visa option

You can pursue both options simultaneously. If you reapply you *will* have to pay a new application fee.

As for using the documentation from your existing application, this may not be as easy as it sounds and it may be simplest just to send it again. You should be able to reuse medical and police checks, but if you do, bear in mind you may have little time to validate your visas (think about this in advance - you may want to redo them).

Jeremy

JohnandMichelle

Thanks for that, Jeremy. I was thinking along the same lines with regard to sending further copies of birth certs, tra docs, etc. with fresh 136 application, just to be on the safe side. Meds and PCC only dated Dec 04, so hopefully if the process the 136 fairly quickly because of MODL, they'll still be valid. Looking at Austimeline, some people have been granted visas in a matter of three/four months, especially when front loaded. Like you say, though, if we're successful, would we have enough time to sell house, etc., etc. Would consider that a minor problem after all we have been through. Will probably still appeal 138 though. Apart from anything, it would be interesting to see what the outcome would be. Any idea how long it will be before new MODL comes into force?

JAJ

Don't rely on being able to sell your house quickly. There are lots of threads on the other forum about house sale horror stories in the UK.

You will need to be prepared to validate visas at short notice with a holiday in Australia (whole family) - otherwise redo your medicals and police checks (and make it clear to DIMIA you want to do this).

I don't know if the new MODL has been gazetted yet.

Jeremy