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Wonderingaloud

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Wonderingaloud last won the day on October 15 2017

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About Wonderingaloud

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  1. Wonderingaloud

    AAT appeal for 187 nomination refusal

    No one can answer your question- because nobody knows the specifics of your case. The question you need to ask is can your employer provide proof that refutes why immigration refused your nomination in the first place?
  2. Wonderingaloud

    Will my 186 visa get cancelled if...

    Whilst on the 457 you must work full time, up until the 186 is granted. I presume this remains the same if you go onto a bridging visa if your 457 expires before the 186 is approved, as the bridging visa usually has the same conditions/limitations as the previous visa. If you reduce your hours whilst on the 457 you are in breach of your conditions which will not bode well for your 186 application. This was posted by Raul Senise afew months ago in relation to a query about work obligations and the 186. Raul is a reputable migration agent who regularly posts on this forum. “Although many applicants glance over the details, as part of the 186 visa application, applicants agree to the following declaration: "Warning: Giving false or misleading information is a serious offence. The applicant declares that they: Agree to take up the position for at least two years. Understand that if the applicant, any family members included in the application or third parties acting on behalf of the applicant, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and the applicant subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled." It can be argued that not remaining in the position for 2 years is a breach of the above. It is rare, but it does happen.”
  3. Wonderingaloud

    188b

    You make it sound so simple. This is one of the more complex visas, I wouldn’t dream of going it alone. To quote another member- do not underestimate the departments willlingness to take your money and refuse the visa, with no refunds. At the very least run it by a reputable agent, it’s a lot of money to throw away if you make an error, or simply overlook something. There are a number of reputable agents who post on this site, all of which are Mara registered.
  4. Wonderingaloud

    AAT appeal for 187 nomination refusal

    You can’t appeal for a different ABN. You will be wasting your money, it will be a straight refusal. Your employer needs to lodge a new nomination with the correct ABN. Your agent should know this. If they don’t, they are not competent and I would be sourcing a new (reputable) agent to handle your case.
  5. Wonderingaloud

    AAT appeal for 187 nomination refusal

    Does the trust have a different ABN to the company which you used in your application? This will be a problem if so.
  6. Wonderingaloud

    Urgent situation - advice required please

    If you are PR at the time of your child’s birth you cannot apply for citizenship by descent, even if you became citizens the next day. Your wife is 2 months preganant now, so even if you applied for citizenship today, your baby will be born before you become citizens. The wait times have blown out massively. Therefore, whilst in theory yes if you are citizens and have your baby overseas s/he is entitled to citizenship by descent, in reality this is unlikely as time is not on your side. It seems your realistic options, go overseas and have the baby offshore BUT you will need to pay for and apply for a child visa to return to Australia (the child will need a medical, so if there are any complications in theory the child visa could be refused on medical grounds) OR deliver the baby in Australia, s/he is automatically a citizen, regardless of health (no medicals are required for citizenship) and go overseas for a holiday/visit after the baby is born. Is there no way any family can come out here to help support your wife? Good luck
  7. Wonderingaloud

    Urgent situation - advice required please

    I can’t answer all of your queries but just wanted to point out; Be aware if you have your baby outside Australia s/he cannot just enter Australia as a citizen after x months as you plan. You have to apply for a child visa for the baby to enter the country. These are expensive and time consuming. There is an entire (massive) thread on the child 101 visa. If your child is born in Australia to one or both parents who are PR at the time of birth s/he is automatically an Australian citizen, will be issued with an Australian birth certificate and can apply for a passport. This is by far the easiest route.
  8. My mistake- 1st degree relatives so not aunts and uncles.
  9. Because you aren’t granted the visa straight away- as others have pointed out it will take 30ish years. You cant apply offshore and then go to Australia and wait 30 years. If you want to wait in Australia you need to go to Australia on another visa (let’s call this visa A for arguments sake). With visa A you go to Australia, once there you apply for the remaining relative visa and when visa A runs out you will go onto a bridging visa until the remaining relative visa is granted. Hence why you will be on a bridging visa for 30 odd years. The bridging visa has the same conditions as the visa A- which is usually a visitor type visa which will come with (usually) no work rights. Seriously, consult an agent. It’s dangerous to be trapped on a bridging visa for that long with minimal health coverage. And you can’t return to the UK for treatment, once you’ve been away for a period (I’m not sure how long) you lose your residency in the UK which means you aren’t eligible for healthcare there either. Have you got any relatives at all in the UK? You literally have to be the last person there to qualify. Grandparents/aunts and uncles/children etc?
  10. Wonderingaloud

    187 Visa Processing Time

    You are not at fault, and the company is doing the right thing by informing immigration. I wouldn’t have thought there would be any issue, you will still be working for the company. It’s all out of your control. I don’t have any first hand experience or know anyone where this has happened, but as I say honesty is always the best policy when it comes to immigration. I really think you will be fine.
  11. Wonderingaloud

    Letter of extended nomination for new baby

    I’m confused- you say you are on a 186 DE from 2nd March- does this mean it was granted then or you applied then? If you applied then I’m sorry I don’t know how you add a child to an already lodged nomination or visa, or if you even can if the nomination has been approved. If you hold PR (which it doesn’t sound like you do) and if your child was born in Australia s/he is already an Australian citizen. Probably best to consult an agent.
  12. Wonderingaloud

    Skillselect ENS 186 Timeline

    If you want to attest the decision you need to go to AAT. But there’s no point if you cant prove against the reason for which it was refused. Your employer needs to show, with good evidence, that you do meet the tasks and duties of the position in the company.
  13. Wonderingaloud

    Regarding medical

    I doubt it since you just avoid gluten and dairy surely? They’re after medical issues that will cost the Australian government a lot of money over the course of afew years. This doesn’t sound like one of those.
  14. Wonderingaloud

    Refusal appeal

    Er no, you need professional advice from a Mara registered agent. Nothing to do with the new owner, but throw your money away if you want to....
  15. Wonderingaloud

    Refusal appeal

    A new ABN requires a new sponsorship lodgement and visa application. You can’t appeal a refusal because of an ABN change. Also if the company has gone into administration it does not look good for the company’s financials to sponsor, or be viable to pay wages etc etc. I would engage a good migration agent to suss it our first before going ahead with any kind of application.
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