# 176 Visa processing problem



## Mirette (Aug 20, 2009)

Dear all,

Please i need anyone's advise as i'm in a serious problem, and i feel totally lost and puzzled :confused2:

I was granted a valid sponsorship from Western Australia on March 2010, and i lodged my application with DIAC for 176 subclass visa on 06/07/2010,
when Western Australia confirmed my sponsorhip to DIAC on 08/07/2010, DIAC refused it because my occupation (architectural drafstperson) is not on schedule 3, and is on schedule 4, they said i had to wait for the state migration plan, 

when the state migration plan for Western Australia was announced, i found my occupation on their list, and then Western resent the confirmation to DIAC but DIAC refused to proceed with my application and that was their reply: 


Thank you for your email in relation to your visa application under Australia's General Skilled Migration program. Applicants who applied for either a Skilled (Residence) or Skilled (Migrant) visa (subclasses 175, 176, 885 and 886) before 1 July 2010 are able to seek a nomination under a Plan and have their application assessed on the basis of having a State or Territory nomination. As your application was lodged after the 1 July 2010, you will not be able to be assessed under a State or Territory nomination under a Plan unless you lodge a new application. This is because it is a legislative requirement for applicants applying from 1 July 2010 to have obtained a nomination (or family sponsorship) prior to lodging the visa application.

now i don't know what do they mean by new application? is it a new visa application with DIAC or a new application for sponosrship with WA?


Actually i obtained my sponsorhip before i lodge my application,so i think i fulfill the legislative requirement they tell me about ..

Please, Does anyone have an idea about what's happening to me ?? :confused2:


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## statue (Aug 26, 2010)

I don't think there's anything you can do except requesting them to return your money. Ask them a refund, if they return your money then its great, otherwise your $2575 lost!


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## Mirette (Aug 20, 2009)

I hope that i have a chance before i surrender , and ask for my money back, and forget about the whole issue.

I'm just wondering because if what they told me is right and will be applied for others, then all applicants for subclass visa 176 after 1 july 2010 till now, will have the same problem as mine, so why in the first place did they open the application at this time for this visa?

i think there is something wrong ...


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## Carol E (Aug 12, 2010)

what about asking your sponsor about this... 
As they say ... (This is because it is a legislative requirement for applicants applying from 1 July 2010 to have obtained a nomination (or family sponsorship) prior to lodging the visa application.) and i see that you obtained the sponsorship before lodging your visa application
So What is not true??


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## Mirette (Aug 20, 2009)

Carol E said:


> what about asking your sponsor about this...
> As they say ... (This is because it is a legislative requirement for applicants applying from 1 July 2010 to have obtained a nomination (or family sponsorship) prior to lodging the visa application.) and i see that you obtained the sponsorship before lodging your visa application
> So What is not true??


I actually sent an email to western australia, and to DIAC to ask about what is happening.. but i can't wait till they reply, specially that it may take days, i'm so worried really, i just hope that anyone has an idea about a similar case to mine,

Carol, i see that your case may be like mine, how did you proceed in your application, and when did you obtain your sponsorhip or confirmed it to DIAC ? is your occupation on schedule 3?


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## Carol E (Aug 12, 2010)

I am sponsored by relative not by state...My occ. is on schedule 3
I know it's really a hard time for you I hope you can fined some help here!!!


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## Mirette (Aug 20, 2009)

I'm very thankful for you carol for being so supportive,
if i got any information about my problem i will inform you ...


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## Maz25 (Jul 6, 2008)

I think that the issue is, whilst you obtained state sponsorship prior to 1st of July, you only lodged your application on the 6th of July, which is in line with their comment of


> As your application was lodged after the 1 July 2010....


. I can't comment on the other parts of the email and as Carol has said, you should enquire about any areas of confusion.

I can't remember where I read this, but I believe that as your occupation is on Schedule 4, you have the option of withdrawing it. It's going to take forever to get a visa if your occupation is on Schedule 4. Bearing in mind that, they will only process Schedule 4 applications after all other applications have been finalised, and considering that new applications are being lodged on a daily basis, then you do have to ask yourself what are your chances of getting a visa.

If I were in your shoes, I would personally go down the route of employer sponsorship.


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## AuspakDub (Jul 13, 2010)

Maz25 said:


> I think that the issue is, whilst you obtained state sponsorship prior to 1st of July, you only lodged your application on the 6th of July, which is in line with their comment of . I can't comment on the other parts of the email and as Carol has said, you should enquire about any areas of confusion.
> 
> I can't remember where I read this, but I believe that as your occupation is on Schedule 4, you have the option of withdrawing it. It's going to take forever to get a visa if your occupation is on Schedule 4. Bearing in mind that, they will only process Schedule 4 applications after all other applications have been finalised, and considering that new applications are being lodged on a daily basis, then you do have to ask yourself what are your chances of getting a visa.
> 
> If I were in your shoes, I would personally go down the route of employer sponsorship.


there is difference between schedule -4 and category-4. MAZ! i think ur talking abt category-4 applicants whose processing time will take ages...... Schedule -4 is for applicant who are sponsored by states under smp.


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## Gaurav (Oct 29, 2009)

Maz25 said:


> I think that the issue is, whilst you obtained state sponsorship prior to 1st of July, you only lodged your application on the 6th of July, which is in line with their comment of . I can't comment on the other parts of the email and as Carol has said, you should enquire about any areas of confusion.
> 
> I can't remember where I read this, but I believe that as your occupation is on Schedule 4, you have the option of withdrawing it. It's going to take forever to get a visa if your occupation is on Schedule 4. Bearing in mind that, they will only process Schedule 4 applications after all other applications have been finalised, and considering that new applications are being lodged on a daily basis, then you do have to ask yourself what are your chances of getting a visa.
> 
> If I were in your shoes, I would personally go down the route of employer sponsorship.


Even if he has to go through the route of employer sponsorship he will have to withdraw his existing application before his employer lodges a fresh 457 application, which means his VAC is busted. 
No employers will sponsor for applicant's PR


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## Mirette (Aug 20, 2009)

I'm not thinking of going through the route of employer sponsorhip because i think it's very difficult for me to obtain it regardless the process of changing my application.

and i agree with ali bajwa that occupation on schedule 4 doesn't mean that it is with low priority.
even if i have to go with low priority,i don't mind, i just want to know that my application will be processed from now, and there is no problem with my application as a complete one.

i beleive that i fulfill all the requirements, i just wish to know where is the problem ...


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## balajiradhika (Jun 29, 2009)

Mirette said:


> I'm not thinking of going through the route of employer sponsorhip because i think it's very difficult for me to obtain it regardless the process of changing my application.
> 
> and i agree with ali bajwa that occupation on schedule 4 doesn't mean that it is with low priority.
> even if i have to go with low priority,i don't mind, i just want to know that my application will be processed from now, and there is no problem with my application as a complete one.
> ...


I will explain the stand of DIAC. 

They say that you applied before getting state sponsorship ie.. they are only considering the second sponsorship letter (issued after new SMP) which was clearly after your 176 application ie.. on 06 Jul 2010. They are not considering earlier sponsorship since the same is invalid as per them.

Now coming to a possible solution to the problem. 

If the application is formally rejected then you don't get to receive your money from DIAC. Money is returned only if you withdraw your application.

Hence send to DIAC a mail requesting their view if you were to withdraw your old application since it is not being processed due to a technical hitch (there is difference between not processed and REJECTED) and apply afresh. Will they then consider transfer of fees already paid against the old application to new application?

Wait for their reply. I am 70% sure that answer will be positive. Good Luck


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## Mirette (Aug 20, 2009)

Thanks a lot balajiradhika, your reply seems very logic to me, and i think this is the real problem i'm facing, i will try to do as you said, and thanks for providing me with the information of the difference between withdrawal and rejection of applications concerning the issue of fees, that was a pretty new piece of information for me ... 

I'll contact them to ask about if they can transfer the fees to a new application ...

I'll be facing a problem with IELTS test as it expired, but it's ok, i'll take it again ...

I'm very thankful ...


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## agnex99 (Jun 16, 2010)

Mirette said:


> Dear all,
> 
> Please i need anyone's advise as i'm in a serious problem, and i feel totally lost and puzzled :confused2:
> 
> ...


If you can prove you have obtained the sponsorship with WA prior to 1 July 2010 and that delay of 1100 nomination is beyond your control, then I dun see DIAC will reject your application. I can see many applicants was granted sponsorship but WA had delayed the sending of nomination form to DIAC due to high volume of applicants.
Just ensure that your sponsorship is granted i.e on March 2010 which is prior to your lodging of visa and you are safe.


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## Mirette (Aug 20, 2009)

agnex99 said:


> If you can prove you have obtained the sponsorship with WA prior to 1 July 2010 and that delay of 1100 nomination is beyond your control, then I dun see DIAC will reject your application. I can see many applicants was granted sponsorship but WA had delayed the sending of nomination form to DIAC due to high volume of applicants.
> Just ensure that your sponsorship is granted i.e on March 2010 which is prior to your lodging of visa and you are safe.


you know, i was thinking the same way, but what makes me think that they may not accept with this, is that western australia sent the confirmation for my sponsorhip to DIAC 2 days after i lodged my visa application, and DIAC said that they can't accept it that time, and i had to wait till the state migration plan is announced, that's why i think that they don't consider my sonsorship granted on March to be valid, they only consider the second confirmation from western australia which was made after the State migration plan was announced.


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## anj1976 (Apr 24, 2008)

its best to call diac and speak to them straight


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## Mirette (Aug 20, 2009)

I have recieved today a mail from western australia telling me that :

We have been in contact with DIAC Adelaide Skills Processing Centre and they have confirmed that your sponsorship has been accepted. The case officer was initially unaware that you were sponsored but this has been remedied and the case officer will continue to process your application as priority 2.

I think this is assuring for the moment, but i won't really relax untill i recieve a reply from DIAC or untill i see any progress in my file.

I want to thank everybody who replied to my thread 
you really were very supportive to me all,

I'm happy that i found this forum


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## balajiradhika (Jun 29, 2009)

Mirette said:


> I have recieved today a mail from western australia telling me that :
> 
> We have been in contact with DIAC Adelaide Skills Processing Centre and they have confirmed that your sponsorship has been accepted. The case officer was initially unaware that you were sponsored but this has been remedied and the case officer will continue to process your application as priority 2.
> 
> ...


Great. Congrats.


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## Carol E (Aug 12, 2010)

Thank God, Congratulations, Relax for while now opcorn:

Good Luck and keep posting


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## statue (Aug 26, 2010)

Mirette said:


> I have recieved today a mail from western australia telling me that :
> 
> We have been in contact with DIAC Adelaide Skills Processing Centre and they have confirmed that your sponsorship has been accepted. The case officer was initially unaware that you were sponsored but this has been remedied and the case officer will continue to process your application as priority 2.
> 
> ...


That was the best sentence you wanted to hear, and you had to read their email again and again to believe it  Congratulations !


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## anj1976 (Apr 24, 2008)

god bless!


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## Mirette (Aug 20, 2009)

statue said:


> That was the best sentence you wanted to hear, and you had to read their email again and again to believe it  Congratulations !


Statue you're describing what happened to me exactly since i received this email , i read it a thousand times , and everytime i just hope that DIAC send me the same meaning soon ...


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## pkrish (Jul 3, 2008)

I had similar Situation...I had SS VIC sponsorship valid till 21 July 2010.
There was delay in Skills Assessment letter (I applied ACS in Feb 2010), therefore I had to wait. By the time I recieved Skills Assessment from ACS (Old Pattern and Not ANZSCO) some where in June, DIAC had freezed new GSM applications until 1 July 2010...Therfore I called SS and DIAC, DIAC told to apply on or after 1 July. Hence I applied on 16thJuly 2010 and Informed SS to send the SS form to DIAC. After finishing my online uploading of documents I called DIAC to verify...However, they told SS is Invalid, therefore I called SS again and said why it refers to Invalid at DIAC...They said since thier newVIC SS plans are going on, they will remains invalid until thier new SS Plans comes out in Sept or Oct 2010.

Finally,I got email from VIC SS in Oct 2010, mentioning that they have informed DIAC by sending form 1100 to my DIAC application.

further I have not enquired yet with DIAC...
Will call DIAC sometime and check with them...


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## Mirette (Aug 20, 2009)

pkrish said:


> I had similar Situation...I had SS VIC sponsorship valid till 21 July 2010.
> There was delay in Skills Assessment letter (I applied ACS in Feb 2010), therefore I had to wait. By the time I recieved Skills Assessment from ACS (Old Pattern and Not ANZSCO) some where in June, DIAC had freezed new GSM applications until 1 July 2010...Therfore I called SS and DIAC, DIAC told to apply on or after 1 July. Hence I applied on 16thJuly 2010 and Informed SS to send the SS form to DIAC. After finishing my online uploading of documents I called DIAC to verify...However, they told SS is Invalid, therefore I called SS again and said why it refers to Invalid at DIAC...They said since thier newVIC SS plans are going on, they will remains invalid until thier new SS Plans comes out in Sept or Oct 2010.
> 
> Finally,I got email from VIC SS in Oct 2010, mentioning that they have informed DIAC by sending form 1100 to my DIAC application.
> ...


Your situation is really similar to mine, and till now i haven't got any feedback from DIAC, i'm scared, they may tell me that i have to lodge a new application, which will be a real problem, because i doubt they would allow me a refund, something else is that i have to do the IELTS again, and that should happen before next July because the new points system will be applied then, and i think it's very difficult to get the required points under this system, I'm waiting for DIAC's email, and i think you have to mail them too as soon as possible to know your situatin too, i think what will happen with any of us both will be applicable for the other, I'm worried, if i got any feedback i will let you know ...


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## Mirette (Aug 20, 2009)

Friends,

I have recieved this reply from DIAC

Our records indicate that the State Nomination was approved on 14/12/2010. However application under the WA State Migration Plan have not yet been allocated a case officer as the State Migration Plan has just been released.

But i don't know ,does that mean that my application will be processed and i don't have to lodge a new one like they said before?
I think that this reply is somewhat general ..
what do you think? :confused2:


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## anj1976 (Apr 24, 2008)

this means you got nothing to worry about. relax. the applicants who have WA ss are yet to get a CO as the ss list has just been released.. you will get a CO soon enough, they are moving fast these days .

cheers


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## pkrish (Jul 3, 2008)

Hi Mirette, 

No worries...  
Did you wrote email or just called DIAC on your file status?


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## Mirette (Aug 20, 2009)

pkrish said:


> Hi Mirette,
> 
> No worries...
> Did you wrote email or just called DIAC on your file status?


Hi Pkrish,

I just sent them a post lodgement enquiry.


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## admalik (May 18, 2010)

Hi,

Regarding DIAC rule that it is a legislative requirement for applicants applying from 1 July 2010 to have obtained a nomination (or family sponsorship) prior to lodging the visa application.

I need to ask that for applying 176 (Family Sponsor), how family sponsorship can be obtained from eligible relative before lodgment of online application? As sponsor can fill up online sponsorship form after reciving TRN from main applicant?


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## Mirette (Aug 20, 2009)

admalik said:


> Hi,
> 
> Regarding DIAC rule that it is a legislative requirement for applicants applying from 1 July 2010 to have obtained a nomination (or family sponsorship) prior to lodging the visa application.
> 
> I need to ask that for applying 176 (Family Sponsor), how family sponsorship can be obtained from eligible relative before lodgment of online application? As sponsor can fill up online sponsorship form after reciving TRN from main applicant?


Hi Admalik,

Actually i don't have any information about family sponsored procedure ... I wish i could help


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## Carol E (Aug 12, 2010)

Hi, admalik 

We had the same situation, We made our app. and gave the TRN number to our Uncle 
He made his app. the second day. Note : They give you 28 day to supmit your family sponsorship app. 

Best regards>>


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## admalik (May 18, 2010)

Carol E said:


> Hi, admalik
> 
> We had the same situation, We made our app. and gave the TRN number to our Uncle
> He made his app. the second day. Note : They give you 28 day to supmit your family sponsorship app.
> ...



Hi Carol,

Thanks for the reply and sharing your experience. This is what I referred to in my last post too but I was just curious about the statement from DIAC being discussed in this thread i.e. 

it is a legislative requirement for applicants applying from 1 July 2010 to have obtained a nomination (or family sponsorship) prior to lodging the visa application.

It is understandable that in state sponsor ship one can get in touch with state authorities and they provide written nomination before lodging visa application and they can sponsor after getting TRN from main applicant.

But in case of family sponsorship, how can we obtain a family sponsorship prior lodging application as demanded in above statement?

Rgds,
Malik


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## Carol E (Aug 12, 2010)

Hi Malik,

You can send e-mail to Diac and ask them .... 

Keep posting,
Carol


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## pkrish (Jul 3, 2008)

Hi Mirette,

From the website link of Post Ldgement querry, there is a form with asking TRN and application date and need to select from the check boxes
Did you select the one -> what is the Status of my application from below list

-Have you received my application?
-Have you received my documents?
-What is the status of my application?
-Travel rights, work rights and bridging visas.

was this the same you had send for post lodgement enquiry email.


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## Mirette (Aug 20, 2009)

pkrish said:


> Hi Mirette,
> 
> From the website link of Post Ldgement querry, there is a form with asking TRN and application date and need to select from the check boxes
> Did you select the one -> what is the Status of my application from below list
> ...


Hi Pkrish,

I didn't select a specific check box in my post lodgment enquiry, i just wrote a detailed explaination for my case ..


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## pkrish (Jul 3, 2008)

Hi,

Accordingly I too wrote to DIAC and recieved the reply:
Your SS sponsorship with the application is confirmed. The application will be getting allocated to a case officer.

Mirette, As you said we had similar situations on the application so the applications are accepted.

Thanks


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## pkrish (Jul 3, 2008)

Hi Friends,

Finally I my 176 application is now with CO (Team-2). I have recieved email with Following documents Requested and information om 8thMarch2011. It is mentioned a timeframe of 28days to respond:

1) Form 80 : Personal Information for familly:
2) Form 1022: Change of Circumstances
3) Medical and Xray for family for family

My Query: Should I print and fill it, sign it and scan and email in of Form 80 and 1022 
or I have to send hardcopy through Post to Adelaide office?
Incase of Medical and Xray, there is some e-services, but still do I have to send the reports via post or courier to Adelaide office?

(If I need to send Form 80 and 1022 and medical and Xray in post or Courier, then first I approach for medical test)

4) Police Certificate: This anway I will just send the scanned copy of application reciept to CO, because to get the Pollce Certificate, it will take more than 45 days here. 

Important thing is : my old Passport is expired, I had made application for it 4 months back, still I have not recieved. They say, this time everybody's passports are delayed.)
So for Police Certificate application, whether it works without current valid passport i.e just with old passport with applied for new one.... I have no idea. I will approach in 1 or 2 days.


5) My Query: Can we directly communicate with Case Officer on Telephone for any request or info other then email? 
I just wrote an email for change new postal address . I got a noreply email from gsmenquiry that it will get forwarded to CO.

Experts, please throw some light, as Iam really under presssure seeing the timeframe.

Thanks


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## anj1976 (Apr 24, 2008)

Hi PK

yes fill, print, sign, scan and email. no hardcopy required.

E service is there but never works. Works for some though. we went for our medicals and then for our daughter, both times we tried the E route but did not work.

Do forms, medicals will be sent by the doctor. make sure you scan the medical receipt and scan and send with forms. 

Apply with old passport, let them process, if you give them proof that you have applied for a new one they might hold your application. If they ask for it give them the scan of the receipt, as a proof that you have applied.

Yes you can call DIAC and speak to the person who picks the call, they have your info on their system, if you wish to speak to your CO email him/her.

Wish you luck


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## pkrish (Jul 3, 2008)

Hi,

In addition to above quey, Also CO asked for more info on ACS result:

I had uploaded re-valuated ACS result (2231-79: .net technology), when I applied for 176 e-vsia. acs Sent me soft copy through email. But I did not upload the Primary copy of ACS result 
based on which I got re-valuated ACS result. May be that would be the reason CO wants more info on ACS. he found ACS result irregular. 

Actually
* I first applied for skiils assesment in nov 2008 for .net technology and recieved result in Feb 2009. I tool hep of agent here, so postal address on it was his.

* MODL rules changed for 2231-79, so furher process was not useful as I was not eligible then. agent moved out.

* Since ACS result was valid and VIC SS had .net technolgy on their list, I applied for it.
by the time I receievd SS , my ACS result expired. I enquired ACS on phone that Iwant to apply e176GSM on same skills. on that basis I applied for revaluation with my primary ACS result and Revaulation form with my own address (No agent mentioned on it) and fees. 

* Since It was 3 months due. I wrote email to skills Assessment Manager -ACS for my revaluation Assessment result I told them MY SS is getting expired in two weeks and I want to apply 176 visa before that.

* ACS -Skills Manager replied back and agreed for scanned Soft copy through email. On rceieving this soft copy with latest date on it and with same contents as earlier and her sign on it as earlier, but I was surprised to see the latter had no ACS logo and address on it and asked whether this will be valid when I apply 176 with DIAC. 
I email them back, but further they replied as - "Please refer this enquiry to DIAC."

* I called DIAC, they said to apply

Eperts who applied for any Visa with re-valuated Skills assessment result?

Experts please suggest/help. 

Thanks


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## pkrish (Jul 3, 2008)

Hi Anj,

Thanks for you lightening fast reply. 
Thanks so much.

Congratulations for your visa !!! hurray !!!  
Did you got visa on passport?


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## Gaurav (Oct 29, 2009)

pkrish said:


> Hi,
> 
> In addition to above quey, Also CO asked for more info on ACS result:
> 
> ...


Hi,
Firstly congrats for CO allocation, u are just few days away from visa grant.

when u applied for 176 (mm/yy)?

This info would be helpful for us in predicting CO allocation for us.
thanx, all the best for visa


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## pkrish (Jul 3, 2008)

Hi Gaurav,

I applied on 16th july 2010 online.
Further process started in November 2010.
CO allocated 8th March 2011


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## anj1976 (Apr 24, 2008)

yes pk i got it on my passport


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