Canadian Citizen and applying for Subclass 176 through Lawyer in NSW

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Canadian Citizen and applying for Subclass 176 through Lawyer in NSW


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Old 03-15-2009, 06:23 PM
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Canadian Citizen and applying for Subclass 176 through Lawyer in NSW

Hey Gang:

I am a 38 year Canadian citizien, who has an approved "successful" TRA appliation in Aircraft Maintenance " Structuers" 4114-13

1) I have all relevant documentation certified

ie..... birth ertificate, job letters,trade certificates, past work letters( history), recent paystubs, passport id page, 2 passport size photos,certified copy of certificte of name change when my parents divorced when i was young, Tra letter, and a copy of my police check, which includes a DUI and a driving while disqulified ( which were traffic offences 19 years ago that were fines).

In addition: I have been married but now am legally seperated 8 months and am the only applicant on the 1276 form.

I also included a statement of declaration regarding my seperation and that it is leading into a divorce and our 3 children will remain with my ex in Canada.

I included a certfied copy of our marriage certificate and birth certificates for all 3 children.

Does this application sound decision ready....for my Lawyer to review it and send it in on my behalf to DIAC for subclass 176.

My lawyer in NSW said he wants me here to lodge it and said that we can get a bridging visa to allow me to work while waiting for a decision.

Does this sound ok........and what do you think my chances sre that it will be approved? My occupation is on the sol list and I have been to OZ on 2 different occasions both on ETA's no problem...even though they know about the crminal backgroud..ie traffic offences.

Please all responses will help.
James


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Old 03-15-2009, 09:52 PM
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Well traffic fines will not normally be an issue James but a 176 visa is for sonsorship either by family in Australia or through a state nomination so you do need to be eligible on either.

If it is the state nomination and you've not yet got that, there's links under 176 eligibility and there are some minor differences state to state.

I'm not sure on how your NSW lawyer would propose to get a bridging visa associated with a 176 visa and if he is not a registered immigration agent I would be wary of paying someone any money for that type of advice and also keep my money if he is registered and thinking that the system can moulded.

A 176 visa can be applied for either outside of the Australia or within but seeing as immigration view it as an external visa and unless they have made a very recent change to regulations one has to be outside the country for it to be issued and bridging visas are not applicable to external visas.

In general terms if an applicant meets all eligibility requirements for any visa, has obtained the required level of information and can fill in the application accurately, attaching related info, there is no reason why an application can not be completed in person.

Take the time [ a whole weekend would do nicely] to read all the eligibility requirements, the booklet, all the associated links and then refer to the "applying for this visa" section and make use of the checklist, step by step and associated guidelines.
Compile the required information, ticking of the checklist as you proceed or making notes on what else you need to do.



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Old 03-16-2009, 01:54 AM
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Well the migration agent/ lawyer is reputable and he has a agent number and is registered, which I am paying for his services. He is applying for state nomination because my occupation is on the sol list. He then said to send all the documentation and then he would be applying for a bridging visa which I know a person can get when your onshore because i've looked it up on the diac website ...until the 176 is either accepted or denied in which case i would have to leave.

The guy is reputable and checked him out.....he was referred to me by a friend in oz.

are familiar with this?


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Old 03-16-2009, 03:47 AM
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On the state nomination I'd suggest you make yourself familiar with that process too for there is an entirely separate nomination application process but if you want to have faith in the lawyer, it's your faith.

Yep, they have bridging visas that can be granted when conditions that apply are met but you do need to read more of the information I have suggested you do.

I'd suggest you ask your agent:
1. what visa do you apply for to get onshore?
2. what will that entitle you to?
3. will he guarantee you a bridging visa? with warranty to meet all your costs that apply in the event of failing to get one while you have a 176 application in?

And at the same time you ask yourself:
1. what do you do while awaiting your 176 application if you have gone to Australia and decided to stay if you can by getting a visa extension in lieu of a bridging visa?
2. is an extended holiday and then having the need to leave Australia to get a 176 visa granted in your plans?

Depending on what answers come up you may want to re-consider your approach.

And whilst this all sucking up days, be aware that the government is right now considering where next to tighten further the screws on immigration - read our top sticky on existing situation, FAQ included for a general insight - all courtesy of global economics.



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