Raul Senise

16 hours ago, Sanket723 said:

Any clue on what "AWAITING APPROVAL" means for Nomination? does it mean it's at an advanced stage or no idea? 

 

Who told you that the status was "AWAITING APPROVAL" as there is no such message on the ImmiAccount. 

It depends on what specific occupation you nominated.

1 hour ago, elwoodthedog said:

Hi - has anyone had any luck contacting Immigration for an update on their visa? We're now way outside of the normal "five to six months" processing time -- we applied for a 186 (offshore) in April and haven't heard anything. Is there anything we can do? Immigration lawyer is completely useless, unfortunately.

Published processing time for a 186 is now 5 to 9 months, with many application taking longer than this.

Be mindful that the Department has stated in writing that "application status enquiries and priority processing requests will NOT receive a response".

On 16/01/2021 at 22:30, Amberamber said:

Does anyone know if there is a limit to how many visas you can apply to, or if you apply to one and get declined can you then apply for another? 

 

thank you 

It depends on many factors and the reason for the refusal.

Depending on your visa status at time of refusal a Section 48 Bar may apply.

If refused on on some Public Interest Criteria, an exclusion period may become active.

Best to get some professional advice for your particular situation.

On 16/01/2021 at 19:31, goVertigo said:

Hello,

After grant of 186 visa, when can I leave my employer? I have resigned after 20 days. What are the implications? Can I lose my PR status? Thanks

Have a read of the declaration you made when you lodged the visa application and this will answer all of your questions. The declaration includes:

• The applicant declares that they agree to take up the position for at least two years
• Warning: Giving false or misleading information is a serious offence
• The applicants declare that they understand that if documents are found to be fraudulent or information to be incorrect after the grant of a visa, the visa may subsequently be cancelled

Sorry D_K but there is simply too little information in your post to be able to give you an answer on whether you need a skills assessment. 

Be mindful that generally, Casual employment is not considered for a subclass 482.

Also RPL and a formal skills assessment are two completely different things from an Immigration perspective.

Skills assessments for visa purposes can only be done by an organization specified by the Regulations. It is a very detailed and extensive process.

An RPL can be done by almost anyone and most organizations will give you an RPL certificate as long as you pay the fee. Many will give an RPL base on a very basic reference with no further evidence.

On 12/01/2021 at 05:43, SOHSA said:

Good Evening all,

 

Happy New Year!

 

I am a Fire, Health and Safety Consultant in the UK with over 8 years experience and 4 years of undertaking fire risk assessments across a wide range of premises including healthcare (hospitals) and complex buildings . I have looked at the SOL and Occupational Health and Safety Advisor is on the list for a 189 visa. I am wondering if roles in health and safety in Australia also include fire safety? Are fire risk assessments (or alternative) undertaken for all premises in Australia?

 

Apologies if I  am on the wrong BB here as brand new!

 

Kindest Regards. 

Be mindful that it is currently very difficult to obtain an invite to lodge a subclass 189 visa. The last published round of monthly statistics show only 30 invites were issued.

You should also check what list you are looking at. Your occupation needs to be on the Medium/Long Term list for a 189.

Some professional guidance would be wise.

16 hours ago, d_k said:

Hi there!

I am an absolute newbie to forums so please direct me in the right direction if there is a similar post or thread existing to my situation.

So I just got my certificates 3 and 4 in cookery and diploma in hospitality via RPL. We got here in Australia 3 years ago on a student visa(my partner was the primary applicant).

I have worked for a resto for a while (2 years casual) plus another 2 years back in our country of origin. After I did my RPL and got my papers, the owner wishes to sponsor me. (he sponsored in the past). Now my concern is what would be the process I would have to go through? I heard that I would have to go through TRA, is that necessary even after doing the RPL process?

Could someone kindly breakdown the details of the process I have to go through to get my 482 visa application going and approved I am confused. I met two different lawyers and they have no common process. One told me I can go ahead and apply, while the other said that I am required to go through TRA. I mean I just did an RPL is that not sufficient? again, I just want to be enlightened to what the proper process is so I know what to do.

Whether you will require a formal skills assessment depends on a number of factors including the occupation you intend to nominate and your country of passport.

Most RPL are very easy to obtain compared to a formal skills assessment.  

It is the duties of the position which are important, the job title does not have to exactly match the occupation.

2 hours ago, Questionsearch said:

My concern is about the department’s visa decision since my agent told me they mainly care about 2 things, that the relationship is genuine and that we can live financially ok, my worry is the latter part since living with just his disp probably looks bad so I would like to ask for your opinions in two areas.

There is no such financial requirement for a partner visa. 

8 minutes ago, Marisawright said:

To be clear, those people with low points were in the Priority list?

I don't know for sure as there are no official statistics on what occupation were invited. 

However, considering that the Priority Occupation List was introduced on the 2nd of September and we saw invites at 65 points from September, it is a reasonable assumption. 

The assumption is also supported by the fact that other programs such as ENS are seeing occultations on the Priority List being processed very quickly, while other occupations languish in the queue waiting to be processed.

14 hours ago, Rstman said:

Hi members

I was a silent reader just decided to sign up to share our journey.

Restaurant manager WA

186 applied 5 October 2019

we did medical ourselves in January 2020

first response from Immigration March 2020(s56, some proof from accountant, proof from business owner applicant need further 2years)

Still waiting 

 

I can tell you guys, it’s kill us mentally. I saw many of applications lodged end of 2020 and already PR

How long we have to wait?

We pay tax, rent house, spend money 

I don’t need financial support from Australia 

I am really disappointed and hopeless 

You are not alone. Applications nominating hospitality occupations have essentially stalled with very few being processed at the moment.

2 hours ago, Ausvisitor said:

The state sponsorship route is a little more "black magic" than the 189. The 189 is a defined rule based queue, the 190 allows the states to set their own rules. For instance someone with 80 points might get invited before someone with 85 points (for the same ANZSCO code) because the state prioritised AUS experience or English Skills above age points for example.

Although true in the past that is not the case anymore.

For the September and October published rounds, the 189 saw people with as little as 65 points invited.

It appears that  the Government is picking and choosing who they invite, most likely based on the new Priority Occupation List.

However with invite numbers as low as 30 people, the 189 is definitely not an assured option.

On 08/01/2021 at 01:01, ScotErin said:

I am new here and have only recently started to do real research into the 189 visa which I am really hoping I will be eligible for in a few years.. 

It is highly unlikely that the Regulations and requirements for the subclass 189 will look anything like they do now in a few years time.

The 189 visa may not even exist any more as it has been greatly reduced over the last couple of years.

The statistics for the last published round in October show only 30 people were invited to apply for a 189.

On 06/01/2021 at 22:40, Roger1 said:

As the title says, keen to hear a real example. I read many opinions online but no specific examples of it going one way or another. Does it ever happen?

Does it ever happen? Yes.

There is no one size fits all answer to your question as it depends entirely on the specific situation.

As the occupation of Midwife is on the Priority Migration Skilled Occupation List your visa application would be given priority and you would be granted a travel exemption to enter Australia.

5 minutes ago, MilaMocha said:

Agree 100%.

 

Raul, do you happen to know the current processing time at AAT? We appealed IMMI's decision in June 2019 and are wondering when we can expect for the file to open.

 

Thanks 

It does vary but most 186/187 application are taking a bit over two years to get a hearing. My last one took 28 months.

The active AAT case numbers do seem to be decreasing (maybe as a result of COVID) so hopefully we will see processing times improving this year.

10 minutes ago, virajhu said:

Hi All Forum Members, 

First, we all are exhausted by the wrong decision of the department and now getting mentally harassed by the time taken by the AAT to review and even taking too much time to give a decision after hearing, below are two methods where we can give our feedback and complaints to AAT, I request every single people even if somebody who is not in the forum but has their decision pending with AAT to lodge the complaint with both below two bodies, 

 

Part of the reason that the AAT process takes so long is that the tribunal is overloaded and currently has approximately 60,000 pending cases. 

I'm not sure if encouraging everyone to lodge a complaint will help and will probably make the situation worse. If the AAT is dealing with a huge volume of complaints, they will have less time to process applications. 

On 01/12/2020 at 19:53, Ahmed.AK said:

Hi, 

 

I am currently holding a subclass 482 which was granted 2 months ago, a few weeks after that i have received a positive Skill Assessment (3 Years Work Experience in the past 5 Years). 

The question is: 

Can I apply for 186 through Direct Entry Stream?

Possibly. More information is required, especially in regards to employment experience, qualifications and position being offered.

On 01/12/2020 at 19:53, Ahmed.AK said:

and what would be the requirements from both the employer and myself? 

The requirements are quite extensive and vary depending on the specifics of the nominating business, position being offered and your individual situation. There is no one size fits all answer.

The DOHA website offers some basic guidance.

On 23/12/2020 at 03:50, Kim33 said:

Hello, I hope all of you are well! This is my first post - so please forgive me if this question has been addressed before. I want to know when seeking sponsorship, does the employer nominate the position and obtain approval prior to a job offer so that both are offered at the same time, or is it done after a candidate accepts? I'm trying to calculate reasonable waiting times. I hope that makes sense! Thank you in advance, and happy holidays! -Kim

It depends on the situation as to what would be best.

The nomination and visa applications can be lodged together or in sequence.

On 28/02/2020 at 22:55, NickB89 said:

Hi all, my brother in law is a chef. He is currently working as chef de partie and have 8 years of experience. He have worked 3 years in cruise USA.

Please let me know if there is any genuine job available for a deserving chef and employer can sponsor 482 for him.

Thanks in advance

There is currently a huge demand for Chefs and other hospitality positions. Many hospitality businesses are unable to fill all vacant roles and are becoming quite desperate.

If your brother in low is not in Australia however, they are unlikely to get permission to enter unless they can meet one of the criteria for exemption.

On 18/12/2020 at 23:46, Ind55 said:

My Employer nomination is refused hence my visa applications are automatically withdrawn and I've been offered to apply for refund.

My employer has filed an application in AAT against the decision derived in my nomination application.

In case if AAT is successful, will my visa applications be reconsidered or I have to apply for a new visa application ? If it will be re-considered then what will be the situation of payment if I have already opt for refund ? What about the documents ?

If you withdrew your visa application, it cannot be reconsidered by the AAT.

Your employer appealing the case may be a waste of time and money.

It appears you may have ticked the wrong boxes when you applied for your visa.

Some professional advice would be wise, although it may already be too late.

On 01/12/2020 at 19:50, FionaThi said:

Hi, I am currently waiting for my final results after my 3 years of Bachelor of Medical and Radiation Physics course at UOW. I am not qualified to apply to ACPSEM. I have a brief glance at the conversion here on this website, I wonder if anyone has the experience of applying through VETASSESS for the Physicist occupation under my course before? Thank you! 

I haven't had any work experience during my years of studies, and so what other options do you think I have if you have been in my situations before? My visa is ending soon, like 2 months! What do we suggest? Thank you and stay safe. 

P.S. What should I do if financially my family and I could not afford to continue to support my education here in Australia, then would scholarship be an ideal way (i am not a high achieving student but I am trying after many years of struggling)? Should I feel bad for going home after all this trying to make things work?  

 

•  

Have you explored whether a subclass 485 is an option for you?

Those nominating occupations on the new Priority Migration Skilled Occupation List are being processed very quickly.

Other occupations are very erratic, with some industries such as Hospitality being processed very slowly.

9 minutes ago, chef351311 said:

Could you please link something attainable that does not have the same generic information that we normally get? Thanks. Also how long are you seeing the nominations for 482 visa taking to be approved at the moment?

The information is generic as it depends on the specific situation. If you want someone to assess your specific employment history against the latest Regulations and Policy, that is beyond the scope of a public forum.

482 nominations are very erratic at the moment and generally hospitality occupations are taking longer than most.

14 minutes ago, chef351311 said:

I have a skill assessment with VETASSESS as a chef, which required at least 3 years full time experience (part-time and casual counted), but the migration agent I am using says for the 186 DE can count part-time employment and full-time employment (not casual employment doing full time hours); also some agents say all employment counts as long as more than 35 hours a week have been worked, and others say only post-qualification employment counts..there is too much misinformation out there, I need to see the actua; laws, regulations and policies what they say

You are getting misinformation as your are trying to obtain answers to a complex issue using generic information. The Migration Regulations and Policy are not one size fits all, In regards to DE employment experience it can get quite tricky as there are specific instructions detailing what is considered skilled, what type of employment is accepted, etc.