186 Nomination Refusal - Appeal time as well as should I report someone?

[acanadian]

Hi there, I applied for my 186 Direct Entry Stream sponsored by my company. Everything was going well with my visa (they had even called my migration lawyer to say it looked great) until whoever was working on the Work nomination part rejected it as my lawyer was still putting together the training benchmark receipts. We are now appealing this decision. Wondering anyone else's experience with the MRT and how long they waiting for a work nomination appeal and if it was positive, was their visa granted as well or would they still have a reason to deny it. I read somewhere that the appeal time is 350-427 days for work nominations.

 

Have you experienced the DIAC denying your application because they didn't wait until all evidence was submitted? I am feeling like they do this purposely to get you to appeal for more money or for you to get frustrated and give up, weeding people out or something.

 

Secondly, I recently found out talking to a friend about a foreigner living here (seems to be we always ask each other which visas we are on) and I found out this woman has applied for a de facto partner visa on a completely fake relationship just to stay in the country. Would you report this? I just am feeling like this is why the system gets so strict. Here I am applying for a legit visa for a company I've had a working relationship since 2010 (I worked for them as a uni student back in 2010 and they brought me back in 2014 under 186 sponsorship), and yet people faking de facto relationships seem to be fine.

 

Any advice would be appreciated. I realize this forum is for English/UK but I am not sure where else to seek advice from experienced migrants.

 

Thank you!

[8thofAugust]

I have no idea about appeal. Did you exceed the time (to provide documents) they gave you ? And I believe you should really report that woman who takes advantage of the system, I am so sick of that kind of scams... It's so shameful that we (as hard workers and tax payers for years) getting our PRs so hard and those scams are just faking a relationship.

 

 

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[Chillers]

You mention a lawyer is this an immigration lawyer? If so why not discuss this with him and what your best options are?

 

Realistically you need to speak to a specialist in the field such as a migration agent.

 

As for reporting people it's entirely up to you, but it sounds like you have heard this through the grapevine, if this information is incorrect you realize you would potentially be ruining this persons life. Perhaps you should concentrate on resolving your own issues before creating new ones?

[Nemesis]

Unless you are absolutely positively definitely 100% sure that this person is committing visa fraud, and have solid evidence to prove it, stay out of it.

 

People have no idea of the relationship that exists between a man and wife, or two de facto partners, unless it is their own reltionship. What seems like an unusual relationship to many people may be a completely normal loving relationship to the two people involved.

 

Reporting a possible fraudulent marriage/partnership can cause immeasurable upset and harm to the two people involved, and to their relationship. Put yourself in the shoes of the people you report - they will spend years looking over their shoulder and wondering if they can trust even their closest friends in future.

[Quinkla]

and yet people faking de facto relationships seem to be fine.

That's what opposite sex de facto visas are for!

[Raul Senise]

Hi there, I applied for my 186 Direct Entry Stream sponsored by my company. Everything was going well with my visa (they had even called my migration lawyer to say it looked great) until whoever was working on the Work nomination part rejected it as my lawyer was still putting together the training benchmark receipts. We are now appealing this decision. Wondering anyone else's experience with the MRT and how long they waiting for a work nomination appeal and if it was positive, was their visa granted as well or would they still have a reason to deny it. I read somewhere that the appeal time is 350-427 days for work nominations.

 

Have you experienced the DIAC denying your application because they didn't wait until all evidence was submitted? I am feeling like they do this purposely to get you to appeal for more money or for you to get frustrated and give up, weeding people out or something.

 

 

The information above does not make much sense. Why would they be putting together training receipts after lodgement of the application? All documents should be submitted with the application.

 

Considering it takes over 3 months before a 186 is allocated to a case officer, it seems like it was left too late to provide documents to the Department. The case officer is under no obligation to request further documents and can make a decision with what has been provided.

 

If further documents are requested, they must be provided within a specific time frame, usually 28 days.

 

As the nomination has been refused, the visa application will also be refused or you will be given the option to withdraw.

 

An appeal with the AAT will take approximately 1 year.

 

Before you proceed, I would recommend that you ask for a copy of the refusal notices so that you can determine exactly why the application was refused.

[acanadian]

Yeah, I'm beginning to think that my lawyer was slow on that. I was confused as to why the Case officer would make a decision before getting all the paper work. It didn't really make sense to me. My migration lawyer IMMEDIATELY told me they were paying for the appeal costs etc so maybe they effed up. It seemed odd that they did not submit all the paperwork at once and I never really got a clear answer. As the appeal is lodged now and it seems like I'll just be waiting another year I can't do much now I guess? That's too bad the waiting time is so long.

 

And you guys are right about the fraud. I know the couple aren't living together and the woman actually was sleeping with the friend, so judging but this alone, I feel like the chances of the fake relationship with the other person being approved is low, so I'll leave it up to someone else to decide. It's just upsetting to hear when the rest of us are trying so hard to do it legitimately.

[Raul Senise]

Yeah, I'm beginning to think that my lawyer was slow on that. I was confused as to why the Case officer would make a decision before getting all the paper work. It didn't really make sense to me. My migration lawyer IMMEDIATELY told me they were paying for the appeal costs etc so maybe they effed up. It seemed odd that they did not submit all the paperwork at once and I never really got a clear answer. As the appeal is lodged now and it seems like I'll just be waiting another year I can't do much now I guess? That's too bad the waiting time is so long.

 

 

I strongly suggest that you request a copy of decision letter from your lawyer so that you can ascertain exactly what is going on. If your visa application had also been lodged, you need to seek clarity as to whether this has also been refused (as it will) and ensure that an appeal is also lodged for the visa application.

 

Considering that you potentially have over a year wait ahead, you really need to make sure that you are in good hands and that your prospects of success in the appeal are good.