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confused... need help.

Dear Susan and fellow viewers

I'm really confused, I appreciate if you shed some light.

I applied for subclass 175 in Nov 2009 and my occupation is in CAT 3.

Since it took me too long to have a CO, and I don't have yet, I applied for state sponsorship 176 in order to accelerate my application.

However,since then, DIAC has accelerated the process of CO allocation and I'll probably have a CO in the next 2-3 months.

Few days ago, I was granted the South Australia SS and I'm asked to give them my TRN in 30 days.

Now, I'm really confused since I've no idea whether its better to apply for 176 or go for 175.

I love South Australia, but I'm worried about possibility of finding a job there. With 175 I'll be able to find a job every where.

Thank you for your help

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Permalink Reply by Gollywobbler on May 1, 2011 at 12:42

Hi Al

My advice would be to cooperate with SA. Send them your TRN and make sure that they send Form 1100 to DIAC promptly. Ask SA to send a copy of Form 1100 direct to yourself as well as to DIAC.

You are aware that some visas are in subclass 175 and some are in subclass 176. The word "subclass" implies that there is a Class of visa kicking around somewhere. There is. The visa Class VE contains both subclass 175 and 176. Because both visas are in the same Class, the CO is required to examine your application against the eligibility criteria for both of the visas.

At the moment, you do not qualify for a sc 176 visa because you have not accepted an offer of Sponsorship. If you accept SA's offer then you will become eligible for both visas.

The CO, having satisfied him/herself that you have enough points for either of the visas, is supposed to grant whichever visa is most advantageous to you. That would be the sc 175, theoretically. Sometimes the CO will grant a sc 175 visa in your situation but not always. DIAC are required to grant [x number] of sc 175 visas and [y number] of sc 176 visas. In order to determine which of the two visas would be most advantageous to you, the CO will consider DIAC's quotas and work out which of the two visas could be granted to you first.

The visa applicant does not have to complete any part of Form 1100 and the State must send Form 1100 directly to DIAC, so in theory you do not need to see Form 1100 yourself. However it is very handy to ask the State Government to provide you with a copy of Form 1100 for your own records. The Form is below, just so that you know what it says etc:

http://www.immi.gov.au/allforms/pdf/1100.pdf

When you send Form 1100 to DIAC, please do so by attaching it to an ordinary e-mail. Send the e-mail to:

adelaide.gsm.documents@immi.gov.au as shown in the link below:

http://www.immi.gov.au/contacts/forms/gsm/

When the DIAC computer has accepted your e-mail and the attached copy of Form 1100, the DIAC computer is programmed to be extremely polite, so it will sent you an automatic auto-receipt, which confirms that it has accepted what you have sent. You should get the auto-receipt within about 30 minutes of sending your e-mail but please keep an eye open for it because if you do not get the receipt, it will mean that the DIAC computer has not received what you sent. Like any other computer, the DIAC computer is only as good as the humans (ie you) who keep a sharp eye on it to make sure that it is workiing properly!

In the body of your e-mail, set out all the details you can think of. Your full name, your date of birth, the TRN for your application and so on.

Then I would suggest that you say as follows:

"I attach a copy of Form 1100. Immigration SA should have sent you the original themselves. If you have not received the original, please let me know so that I can pursue it with Immigration SA.

Receipt of Form 1100 from Immigration SA will confirm to you that I am now eligible for be considered for both of the visas in Class VE, ie the subclass 175 and the subclass 176.

Regards

etc"

You can't order the CO to grant you a sc 175 visa but you can drop a polite hint, it seems to me!

It doesn't acrually matter which visa they grant in the end. DIAC's *policy* is that if you are granted a State sponsored sc 176 visa then you should make an effort to go and live in the sponsoring State during your first 2 years in Australia. However, Policy is not Law. There is no *legal* requirement that the holder of a sc 176 visa should go and live in the sponsoring State and in the absence of a legal requirement, he cannot be forced to go there. Whether or not you actually move to SA will be a decision solely for you.

Where are you actually planning to move to, please?

Cheers

Gill