Raul Senise

I have seen some very unreasonable decisions in regard to visitor visas of late. You can apply for a family sponsored visitor visa. If it is refused, you as the sponsor, can appeal the decision and you will have a better chance of success at the Appeals Tribunal.

If you are using an Agent, it is best to be guided by them, as they know the details of your specific case. Trying to get advice on public forums about a complex situation is ill advised.

If it is a nomination to transfer your existing 457 visa to a new employer, it should be given priority and processed within a few weeks.

It is not the freelance part which would be an issue. It is more likely the qualification being considered not highly relevant, which may be an issue in claiming "Skilled Employment" points. Only if you want to claim points for English, which you will need. What you want to work as in Australia is irrelevant. You need to use the correct assessing authority for the occupation you are nominating, as prescribed by the Regulations. If the qualifications are not highly relevant, you will need more years of employment experience, before they deem you skilled in the occupation. This is what will effect how many points you can claim for skilled employment. A Registered Migration Agent will be able to assess your situation, plot a visa pathway and give you an idea of the likelihood of receiving an invitation to apply. Price will vary depending on many factors, including experience.

Hi Vincent, Please be mindful that I cannot give advice on a specific situation based on such minimal information. My answers below are general as I would need to assess your matter in deatil to give specific advice. That is a very long time to wait for a 457 visa transfer. Yes. 457 visa applications are taking a long time to process. 457 nominations to transfer a 457 are usually very quick. As your 457 visa was granted in 2016, well before the changes were announced, you should be eligible for transitional arrangements to PR. You should ask for priority processing, which should have been given from the start as it is a transfer. You can ring the general line, but are unlikely to have much joy.

No it is not about luck. In most cases, well prepared applications will succeed. Occasionally, even good applications will fail due to case officer "misinterpretation" and these can be overturned at the AAT. As to what you should do if your application is refused. My advice: Don't focus on the what ifs, as you will drive yourself crazy thinking about all of the possible outcomes; Make sure that the current application is presented as strongly as possible; If the application is refused, have the matter assessed by a qualified and experienced Agent to obtain answers specific to your case; Don't try and get answers to complex questions, (such as should I withdraw) as the answers will depend on your specific situation. Trying to solve a complex issue with a one size fits all solution, will only get you into more trouble. Hope it all goes well.

No. The secondary applicant will continue to have the same work restrictions as they did on the student visa. These do not change when the course is out of session for the primary applicant.

It depends on what the Accountant letter states about the business and its financial capacity. The case officer can refuse an application for any reason they like, within the confines of the regulations. It is becoming increasingly common for applications to be refused due to the financial viability of the business.

LMT is required for all nomination applications, unless exemptions apply. As such, without knowing the specifics of your case, I cannot comment as to whether LMT would have been required. Visa transfers are usually processed quickly, so you should hear something soon. The application would have been lodged under your employers ImmiAccount, so you can not access it. The ImmiAccount does not give progress updates anyway.

If you used an Agent to prepare your visa, you can ask for copy of the submitted application. If not, you can make an FOI request, see here.

It depends on the situation. If you still have time on your 457 and you are being sponsored under the same occupation, then it will just be a transfer of your visa to a new sponsor and you will continue to hold your 457 visa.

The first step is to obtain a skills assessment in your occupation. This will determine the "deemed date"of when you are considered skilled in your occupation.

It will depend on the specifics of the business. High turnover alone is not enough, especially if the business is running at a loss. Each business needs to be assessed on its own merits and professional advice in this regard is strongly recommended.

Why is 189 not an option? Motor Mechanic is on the 189 List, irrespective of country of passport.

I sounds like it may be compliant, but I would need to review the company training documents to advise for certain.