Raul Senise
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Everything posted by Raul Senise
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The ban does not stop you from applying for a visa, however, you will have to request a waiver of the ban (for most visas) in order to pass Schedule 4 "Public Interest" criteria.
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Be careful re entering on a visitor visa as, depending on your circumstances, you may be questioned on entry as to whether you are a genuine visitor.
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Retail Manager is an often overused occupation under the subclass 187 for Positions who's duties fall well below the full ambit of a Retail Manager as prescribed by ANZSCO.
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This is often a tactic used by student visa applicants. A large amount of borrowed money is placed in a bank account and then immediately withdrawn after lodgement. The Government is wise to this and often check. If what you say is true and your father can show the money is real, then you should be able to explain the situation. If however you have provided a false bank statement or used borrowed money to falsely inflate the bank balance, then you will have serious issues. If the application is genuine, you may be wise in obtaining the services of a reputable Agent who deals with student visas.
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You are responding to a post from over 5 years ago. -
Although no Regulations are yet available, Information from the Government so far is that: transitional arrangements are expected to provide that sponsors are not required to meet the training benchmarks for any period where charging of the SAF has commenced; however, training compliance requirements for earlier periods for which the training benchmarks were in place will still need to be met.
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Based on the latest information, it would appear that you will qualify once you have been employed and sponsored on your 457 for two years. We will only now for certain once the new Regulations are released in March 2018.
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No, I did not say that at all. My point is that the employment experience part of the skills assessment is judged under different criteria than that required for 186 Direct entry. As such, each situation needs to be judged against it's own merits.
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It is the latest update on the previous information released. reforms-australia-permanent-employer-sponsored-migration-programme.pdf
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More details about grandfathering arrangements for people who held or applied for a subclass 457 before 18 April 2017: "People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream: - occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa); - the age requirement will remain at less than 50 years of age; and - the work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years."
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Vetassess skills Assessments are geared towards the points tested visas (subclass 189/190, etc.) and they therefore base their assessments on the rules for those visas. As such the occupation assessment of the Skills assessment can be used for the Direct Entry 186 but the employment section is not always useful or relevant.
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From Policy: "Under policy, three months is taken to mean 88 days, which is the shortest possible combination of months in a calendar year. One full day of work is defined as having worked the minimum number of hours considered a standard day by the particular industry in which the applicant is employed. Generally, the Australian working week is 35 to 40 hours, comprising 7 to 8 hours of work each day. Individual employers cannot set a smaller period of time than the industry standard to satisfy the specified work requirement."
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You were most likely confusing the subclass 186 and 187 as the conditions are different.
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You need to be careful as your have an obligation to remain with your employer for 2 years. Make sure that your leave due to illness is noted and documented on your staff file. This is not correct. The subclass 187 has a condition to remain with the employer for two years. The visa can be cancelled if this obligation is not met.
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If you actually read my post I did not say anything of the sort, as I have met and worked with good Lawyers. My point was that just because someone is a Lawyer, does not automatically mean that they will have any experience or knowledge of the Immigration process. My other point was that your assertion that Registered Agents do a two month course was total and utterly incorrect and misleading You have obviously had a good experience with a Lawyer, that's great. But that does not mean that you should try and discredit the entire Immigration profession based on your single experience. I have taken over refused Immigration matters from Lawyers and been successful in obtaining approvals. By your logic that should discredit the whole legal profession, which it certainly does not.
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If a Lawyer is not involved in the Immigration industry they can find it difficult, as unlike many other facets of Law, Immigration changes constantly. That said there are many Lawyers who now specialize in Immigration almost exclusively. Don't assume that a Lawyer will know about immigration, simply because they are a lawyer. I often have Lawyers refer clients to me and when I teach CPD courses I have many lawyers participating in the same course as Registered Agents. As for Agents having 2 months of education, maybe you need to do some research yourself, before writing such incorrect statements. The current minimum qualification to become registered is a Graduate Certificate in Australian Migration Law and Practice and further assessment items.
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The nomination can still be approved, even if the RCB application was unsuccessful. You need to make a strong case to the Immigration case officer, that there is a Genuine need for the position and that it will be difficult to fill in the Regional area. The RCB is an opinion, but it is not binding on Immigration.
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When you say you have applied for partner sponsored visa, I assume you mean a subclass 820 visa. If this is the case, yes you can apply for an extension of the 6 month work limitation. Do it in good time as they can take a while to process. This will not resolve the situation as you will still be in breach even if you are not paid. Work is considered anything that you would normally get remunerated for.
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Unfortunately you are asking questions too late. There would have been a way of lodging off shore and then coming back to await processing in Australia. Now all you can do is wait. 3 weeks is nor long for a 457 application. If it was lodged properly with all of the necessary documents, it should not be much longer.
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There are many posts on this thread about checking the progress of your application online. Logging onto your application will not give you any update on the status. It will only show the date that the application was lodged and what documents have been attached. There are no online updates on when a case officer is allocated or what stage the application is at. In most cases there will not be any change until after the application has been approved. If you have used an Agent, they will not give you access to their online account. This is not because they are trying to hide anything, but because it would give you access to all of their other applications, which obviously they cannot do.
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Here are some of my recent timelines to add to the mix: Nom and Visa lodged: 08/08/2014 Nom and Visa approved: 25/11/2014 (3 months 17 days) Nom and Visa lodged: 13/08/2014 Nom and Visa approved: 25/11/2014 (3 months 12 days) Nom and Visa lodged: 05/08/2014 Nom and Visa approved: 22/11/2014 (3 months 17 days) Visa lodged: 10/07/2014 Visa approved: 03/11/2014 (3 months 24 days) Nom lodged: 10/07/2014 Nom approved: 03/11/2014 (3 months 24 days) Nom and Visa lodged: 25/07/2014 Nom approved: 11/11/2014 Visa approved: 24/11/2014 (3 months 17 days) Nom and Visa lodged: 05/08/2014 Nom and Visa approved: 18/11/2014 (3 months 13 days) Nom and Visa lodged: 05/07/2014 Nom approved: 06/11/2014 Visa approved: 10/11/2014 (4 months 1 day) Nom lodged: 30/06/2014 Nom and Visa approved: 23/10/2014 (3 months 23 days) Visa lodged: 14/07/2014 Visa approved: 05/11/2014 (3 months 22 days)
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The 6 month timeframe is just the DIBP “service standard” for this type of visa. As such most enquiries to DIBP in regards to processing before this time are met with the answer: “it is still within the published service standards”. To the Departments credit, most applications are being processed well within this time. As for DRC, Yes, they are supposed to be given priority although again, from experience, this is not always the case and I have seen non DRC applications be processed quicker than DRC in some instances.
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Just some general advice which I believe is pertinent to this thread. You should not compare your situation and timeline to other as this will only cause you undue stress and worry. There are too many variables with the processing system and it is not so organised that applications are all methodically assessed and approved in accordance to a specified timeline. The Immigration Department looks to process application within their “Service Standards” which for the Subclass 186 is 6 months. Variables which can affect the processing time are many and include: processing office, case officer experience, case officer holidays, country of passport, medicals, character, documents provided, market rate, contracts, occupation nominated, licensing, stream applied under, complexity of application and how well the application has been prepared and presented. From experience I can advise that even very similar applications lodged on the same day and processed at the same office can have very different timelines.
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Processing times for Subclass 186 applications continue to be a bit erratic but are steadily improving again. Specific circumstances of each application will also dictate processing times. Below are a few of my recent approvals to highlight variance in processing times. Nom Lodged 19 June, approved 02 September; Visa lodged 19 June, approved 03 September; Nom Lodged 07 June, approved 09 August; Visa lodged 07 June, approved 09 August; Nom Lodged August 2012, approved 15 May 2013 (Lodged by company themselves); Visa lodged 19 June, approved 26 August; Nom Lodged 18 June, approved 16 August; Visa lodged 18 June, approved 16 August;
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It is part of the Migration Agent details section. Yes, I have done many. All ENS applications since 1 July 2012 have been under the new (e plus) electronic lodgment system.
