Dbhudia

Hi everyone…
I’m in a bit of a dilemma and need some advice.
My husband and I are now ready to lodge our application for a family sponsored visa. However, our sponsor (my brother-in-law) is coming back to the UK next weekend for approx 3 months (he just moved to Oz and validated his visa 2 weeks ago). His wife and kids will be staying on in Oz for the duration of his trip to the UK. They have rented a house and everything in Perth.
My question is, when should we lodge? Would it cause a problem to lodge our application whilst my brother in law is out of the country? I have been told that this may or may not cause a problem and is up to the discretion of the case officer who will be handling our application. The way I see it is that we will probably lodge in the next 2 weeks, the likelihood of us having a cause officer by 01 May is SLIM. Would my bro in law being in the UK when we lodge really cause a problem? He has his permanent residency and his wife and kids are in Oz, so he would be going back there anyway.
Advice from a migration agent would be great!

D

welshtony

Worst case scenario is that they assess your case early and do not approve his sponsorship - you will then go into the pool as a 175 for 2 years. As soon as DIAC are then happy with the family sponsorship, they can pull out of pool and process as 176.

Regards


Tony Coates
MARN 0635896

Dbhudia

Hi Tony, thanks!

With the new priority processing system, the chances of getting a case officer for a family sponsored visa by 01 May are literally zero right? we're planning to delay submitting our application in mid march, so the chances of being allocated a case officer in 6 weeks is highly unlikely.

ps, we're not on the CSL or MODL list.

D

jenny79

Hi Tony! What a curious answer! So are you saying that when (family) sponsorship isn't approved, the CO switches subclass and keeps the application in pool? I never heard this thing.

I'm not doubting your word, mind you... i'm just curious about it. to tell you the truth i don't really need an answer since i got my visa and validated but since i had applied under the same category, actually the 138, i'm just curious.

hope you don't mind my question

welshtony

Never delay lodging unless you really have to. What if there are some changes on 01 March and you no longer qualify for the 176 visa ?

Regards


Tony Coates
MARN 0635896

welshtony

Hi Jenny

When you apply for a visa you apply for a visa Class. Sometimes a visa class only has on visa subclass under it but quite often there are 2 or more. Thus, if there are 2 or more subclasses of visa included in the Class of visa yo uapply for, you are applying for each subclass separately, under the one application - see. simple innit.

Prior to 01 Sept 2007, the Independent - Skilled Visa consisted of subclasses 136 (Independent) and 137 (STNI)

Thus everybody who applied for a 136, also, unknowingly usually. applied for a 137 and vice versa.

So all those cases taht have been pooled as a 136 can at any time be pulled out and processed if a State Sposnorship comes in within 2 years of going into the pool.

The 138 family sposnored was under a different Class of visa so you could not do what I have suggested under the old system.

From 01 Sept 2007, the 138 and 137 subclasses were combined into the 176 and the 136 became the 175. So now when you apply for the Class of visa, you are applying for a 175 and a 176 (which includes the old 138).

As the family sponsorship and the State sponsorship are required at time of decision, any application pooled as a 175 can be pulled out of the pool as soon as DIAC receive the family or State sponsorship. changing the processing subclass can be done any time after the application has been made.

I'll leave it at that for now - Let me know if you want me to clarify anything as theses relationships between subclasses can be criucial for some applicants.


Regards


Tony Coates
MARN 0635896

Dbhudia

so you think we should risk it and just lodge anyway? i mean i'm confident we won't get a case officer by 01 May, which is when my brother in law goes back to Oz.
I guess my agent has just freaked me out a bit although he says its our call when we want to lodge. but then u mentioned that if case officers are not satisfied that we meet the criteria for the 176, they will put us in the 175 pool and reasses our 176 case when they are satified that we meet the requirements. so even if they refuse at first because they are not satisifed, we know that if we were to ask them to look at our case again, they will realise that we meet the requirements because my bro in law will be in Oz.

If you were my agent Tony, what would you do? would you advise me to lodge?

D

jenny79

thanks for the reply tony... i was aware that when 136 applicants didn't meet the passmark, they were asked to consider a state sponsorship... but then i didn't bother to look at the 176 considering that i got my 138 didn't need to in actual fact.

but your answer is interesting.

thanks for your time and patience.

welshtony

I should not advise you if your agent is a registered agent - I have told you that, in my opinion, you have nothing to lose if you lodge now and possibly everything to lose if you delay lodgement.

Discuss it again with your agent especially the pooling as a 175 which happens if they have no sposnorship or decide that your Bro is not yet usually resident in Australia and do not approve his sponsorship.

Regards


Tony Coates
MARN 0635896

mavios

Hi Tony
Thank you for the valuable information. I`m also on 176 but I never realised that switching between two subclasses is that easy.
When I applied the 175, I had already scored 125 points, However my cousin told me to go for 176 to be on the safe side. And since I'm an Iraqi passport holder and now living and working in Malaysia, and the fact that things move very very slow in Iraq (and would be even slower to try to do all the work from almost half the globe away), I was always worried that DIAC will ask for some further evidance to prove the family relationship between me and my Aunt which might mean that I have to go down there and do it myself (not to mention the detorated security situation in there).
Anyway if they will ever ask for further evidance is it ok to ask DIAC to just process my case as a 175?

welshtony

No problem

If proving the relationship gets a bit hard, you just tell them you wish to proceed as a 175 - easy as that

Tony Coates
MARN 0635896

Jen1977ni

Hi Tony, I haven't applied for my visa yet but will be applying for a 175 visa, if along the way they decide not to approve that visa for any reason, is it a straightforward no, or will they suggest I apply for another type of visa or advise me to do something to improve the strength of my visa application? All being well I hope to go out to Oz in the summer when I'm on my 2 month break from school, and start looking for jobs, having contacted some schools prior to that, would you advise that visit or would you suggest something else?

Your advice would be very much welcomed as I'm still very confused as to what the next few months will hold for me...

Jen

welshtony

Hi Jen

You will only get advice that your application has been refused and the reasons why OR it may be pooled if ce4rtain points are not awarded that you were counting on. DIAC will not suggest ways of improving your chances.

Regards


Tony Coates
MARN 0635896

Jen1977ni

Thanks Tony. Do you think a job hunt in the summer might be an idea?

mavios

Thank you very much