Well listen to my story .....what a fecking nightmare !
We have our visa great.....but we originally applied for the 175 visa then down the line had to change to SS to make things quicker which we did and applied for 176 for QLD, anyway things kept on moving...my agent said to me they have never took us into effect for the 176 visa for some reason and was always considered the 175 (that why we changed to out minds for SA) even when we got requested to do our medical on the letter the case officer sent thru it said 175 visa. Anyway the grant letter came thru that we have the 176 visa for QLD and another letter say 175 Visa. So i contacted my agent to ask them exactly which visa i have and they said 176.
So i did some back round work for the agent....all the letters i have ever had said 175 and my agent agrees so he contact my case officer and asked them to reverse it...but came back this morning saying...well heres the reply :
This application was only processed because of the State Nomination. The nomination from Queensland at the time it was received in this office was a valid nomination.
Without the valid State Nomination the application would still be waiting allocation to a case officer.
As I have made a lawful decision on the case, with the information I had at the time I made the decision and therefore I can not reverse this lawful decision.
I have checked with my manager and he is of the same opinion.
The grant of Subclass 176 visa's to the primary applicant and his family is the correct and lawful decision and can not be reversed.
Case Officer, Team **, Adelaide GSM
So my agent said they dont agree with him and him and his manager are righting to him again reference this :
I’ll send you a copy of the email we’ll send him, here is the gist of what we think…
Firstly, your request letter and your visa application summary BOTH said 175, and made no reference to state sponsorship. That’s why we assumed that you would be given a 175.
Secondly, your state sponsorship was under the old rules. Joiner did not appear on the QLD SMP, meaning that your state sponsorship did not benefit you at all. The point he made about you still having to wait for your application to be allocated to a case officer without valid state nomination is inaccurate. We have had heaps of 175 and 176 family sponsored clients get allocated to case officers in the last few months. Your application is no different to theirs, because you did not have sponsorship through a State Migration Plan.
Those are the basic points. At the end of the day, if he refuses to switch you from a 176 to a 175, then I wouldn’t worry about it. Your visa is a permanent visa, there are no conditions on the visa (per the grant letter), and because joiner is not on the QLD SMP, my manager and I feel that you are relieved of your moral obligation to live and work in QLD. So, I look at your visa the same way I would a 175 visa. In fact, I’ve attached copies of 3 different visa labels. A 176 Family Sponsored, a 176 State Sponsored, and a 175. You’ll notice that the visa labels are exactly the same, the only difference being the numbers 176 and 175. Please note that the blacked out areas are the visa grant dates, client names and visa grant numbers. Just privacy reasons, really. J
So....we will see tomorrow
O dear what a nightmare
If you cant get it changed just do SA anyway im sure you will be fine.
Everything is crossed again for you.