186 nomination refused. What to do now?

[Mera]

Hi I am new on this form can any one help me what can I do my case is 457 visa granted on 21/12/2012 and it's valid for 2 year 21/12/2014 my employer lodge his 186 visa nomination file on 16/12/2014 and I lodge my 186 visa file on 21/12/2014 and 0n 23 April 2015 my employer revived refusal email from immi because he not complete two year of 457 can any one plz help me what I do next I am briding visa at the moment.

[Ozmaniac]

If your employer wanted to nominate you for a 186 any time before you had held your 457 visa for 2 years (i.e. before 21/12/2014), you could only be nominated for a 186 via the Direct Entry stream. If you were nominated for a 186 via the Temporary Residence Transition stream, that would explain why the nomination was refused.

 

They will have to nominate you again via the TRT stream for which you are now eligible because you have now held your 457 for 2 years. The real problem though is that If your visa application has already been refused, you will have a Section 48 bar which will prevent you from making a new 186 visa application onshore. If your visa application has not yet been refused, and you withdraw it, you may be able to make an onshore application but the fact that your Bridging visa has already taken effect will probably present a problem.

 

You need immediate professional help from a good RMA.

[Mera]

Thanks a lot for your advice my visa file is not refused yet so if my employer lodge a new nomination and I lodge my file again is that write and after that I withdraw my file. Can u plz explain a little bit what you mean about bridging visa please I thanku from bottom of my heart.

[Ozmaniac]

You should be consulting a good RMA NOW! I think the fact that your Bridging visa has taken effect is a major problem even if you withdraw your application. Your BV was granted because you had lodged a visa application but when that application is refused or withdrawn, you will also lose your BV. Your situation is complex and you need professional advice before you make any further wrong moves.

[Bungo]

Thanks a lot for your advice my visa file is not refused yet so if my employer lodge a new nomination and I lodge my file again is that write and after that I withdraw my file. Can u plz explain a little bit what you mean about bridging visa please I thanku from bottom of my heart.

 

You should contact a registered migration agent, your situation is very, very precarious and you shouldn't be wasting time with amateurs in a forum.

 

Your application will be refused soon, you need to avoid that by withdrawing the application first. As your 457 expired last year, you were on a bridging visa, but the visa application you lodged is now invalid, so it creates bridging visa issues.

 

See an agent, don't do anything before you see an agen and they will be better placed to explain things to you and advise on the best course of action. Try @wrussell on here.

[Mera]

You should contact a registered migration agent, your situation is very, very precarious and you shouldn't be wasting time with amateurs in a forum.

 

Your application will be refused soon, you need to avoid that by withdrawing the application first. As your 457 expired last year, you were on a bridging visa, but the visa application you lodged is now invalid, so it creates bridging visa issues.

 

See an agent, don't do anything before you see an agen and they will be better placed to explain things to you and advise on the best course of action. Try @wrussell on here.

Thanku very muchreally appreciated. Now I context with MRA in the morning hope everything good in the morning.

[Mera]

You should be consulting a good RMA NOW! I think the fact that your Bridging visa has taken effect is a major problem even if you withdraw your application. Your BV was granted because you had lodged a visa application but when that application is refused or withdrawn, you will also lose your BV. Your situation is complex and you need professional advice before you make any further wrong moves.

Thanks I try to contect with an MRA is that possible if I reloadge in weekends. Because very heard to spend this weekend.

[Ozmaniac]

There are several good RMAs such as @wrussell @Alan Collett @Raul Senise who are regular posters on PIO. Click on any of those links and it will take you to their PIO profile from which you will be able to get their email address under the About Me tab. I doubt if they will respond over the weekend, but you never know. Remember that DIBP Case Officers don't usually work weekends either (and Monday is a Public Holiday in some states) so you probably have at least until some time on Monday to act.

Edited April 24, 2015 by Ozmaniac

[Mera]

Hi my employer lodge his file again and after that I lodage my 186 visa file again so my question if I get BVC so can I request immi for BVA thanks plz any one advice me.

[MaggieMay24]

Did you simply lodge a new application and pay the fee again? If you are issued a BVC, you cannot change this to a BVA. You may be able to apply to get work rights added to it, if you can demonstrate financial hardship. But you cannot work on a BVC if it doesn't include work rights. You also cannot get a Bridging Visa B to allow you to re-enter Australia if you need to travel overseas.

 

Did you speak with a migration agent, and is this how they advised you to do it?

[Quinkla]

There are several good RMAs such as @wrussell @Alan Collett @Raul Senise who are regular posters on PIO.

How do you know they are good? I remember reading recently that one of these agencies gave some shocking advice - telling a client to ring up DIBP for advice.

[Ozmaniac]

I've seen many posts by all 3 of the named RMAs telling people not to ask DIBP for advice and pointing out how unreliable such advice would be.

[Mera]

I've seen many posts by all 3 of the named RMAs telling people not to ask DIBP for advice and pointing out how unreliable such advice would be.

Hi I am stressed now how much immi take to look my file I hope it come in beetween 3 month very hard to wait again god now what happen now.

[Ozmaniac]

Did you consult an RMA? If so, did they advise you to have your employer lodge a new nomination? Have you been granted a BVC? If you want to work on a BVC, you will have to apply for work rights on the grounds of financial hardship but I'm sire your RMA would have told you that. As to what will happen now and how long it will take - there is no way of knowing for sure but yours is now a new application and they are currently taking around 8 months.

[Quinkla]

I've seen many posts by all 3 of the named RMAs telling people not to ask DIBP for advice and pointing out how unreliable such advice would be.

Indeed, so why would Go Matilda employ people who tell customers to phone up DIBP for advice?

[Que Sera Sera]

Indeed, so why would Go Matilda employ people who tell customers to phone up DIBP for advice?

 

Unless you've got that in writing I'd take that with a huge pinch of salt. What someone says they've been told more than often tends to have little correlation with fact. Many years giving advise on a helpline has told me people hear what they want to hear and either deliberately or not twist things to view from their own angle.

[Quinkla]

Unless you've got that in writing I'd take that with a huge pinch of salt.

Here it is in writing: http://www.pomsinoz.com/forum/migration-issues/229994-dependent-daughter-18-add-permanent-visa-query.html

[Que Sera Sera]

I stand corrected.

[susanbro]

One person at a company making a mistake should not tar the whole company. Alan was very quick to pick this up, apologise and advise that his colleague had been put right. I've seen many people use his company on another forum with nothing but good words to say about them.

[Quinkla]

One person at a company making a mistake should not tar the whole company.

Actually, yes it should. A company charging thousands of dollars for giving expert advice should be giving the right advice. Every time. Charging that money and misdirecting the client to seek advice from the worst possible source kinda undermines the whole business proposition. IMO, if Mr Collett wanted to address the situation, he would have sacked the employee immediately and then looked at himself quite long and hard and asked how his recruitment and/or training could have been so wide of the mark. This was not a minor thing, as Alan Collett's own reaction showed before he knew it was his own company responsible.

 

I have long thought Migration Agents had the air of a snake oil salesman about them. We hear just as many stories from people about how their agents stuffed them up as we hear from people who went solo and stuffed up. We get told - oh, well that's because they used bad MARA agents when they should have used good ones. But here we have evidence that one of the supposedly good ones is offering just as poor service as the worst ones.

 

Go figure

 

:confused:

[susanbro]

You're entitled to your opinion @Quinkla

[Quinkla]

You're entitled to your opinion @Quinkla

You have a generous spirit.

[susanbro]

You have a generous spirit.

 

Lol I wouldnt go that far - I didnt type what I was thinking lol

[Freckleface]

Actually, yes it should. A company charging thousands of dollars for giving expert advice should be giving the right advice. Every time. Charging that money and misdirecting the client to seek advice from the worst possible source kinda undermines the whole business proposition. IMO, if Mr Collett wanted to address the situation, he would have sacked the employee immediately and then looked at himself quite long and hard and asked how his recruitment and/or training could have been so wide of the mark. This was not a minor thing, as Alan Collett's own reaction showed before he knew it was his own company responsible.

 

I have long thought Migration Agents had the air of a snake oil salesman about them. We hear just as many stories from people about how their agents stuffed them up as we hear from people who went solo and stuffed up. We get told - oh, well that's because they used bad MARA agents when they should have used good ones. But here we have evidence that one of the supposedly good ones is offering just as poor service as the worst ones.

 

Go figure

 

:confused:

 

 

That's a bit harsh. Everyone makes a mistake at some point in their working life. I think it is more important that errors are identified and corrected and that people learn from them. There is no recruitment or training methodology that will prevent errors from ever being made and harsh treatment when initial errors are made only encourages people to hide them which would be much worse IMO.

[Gbye grey sky]

That's a bit harsh. Everyone makes a mistake at some point in their working life. I think it is more important that errors are identified and corrected and that people learn from them. There is no recruitment or training methodology that will prevent errors from ever being made and harsh treatment when initial errors are made only encourages people to hide them which would be much worse IMO.

 

Spot on. Anyone who says that they have never made an error at work either sits staring out of the window all day or is a liar and nobody would want to employ someone of that calibre. This mud-slinging is a distraction and not helping the OP who is in a precarious position. There is nothing stopping the OP from consulting with more than one agent if they need reassurance.