sneh

Most people from last week of June 2012 still waiting for decision.

Just got visa grant am so happy after vaiting 15 months and last four months got CO no news but just an hour ago I got my visa . Thanx to everyone and special thanx to blossom and move2 . And all the best who are still waitin there visa timeline visa apply 29 june 2012 mel office ndr as cook case officer got in may 2013 ...

Same situation as you, my timeline :

 

29/06/12 nomination&visa apply, ack letter on the same day

23/07/13 CO allocated, asked for medical,police clearance and form 80. But nomination still not approve.

13/08/13 documents submitted.

......no news till now..

Its very long wait but in my case CO not asked for any document for last four months then I call case manager he advise me you have to wait your co is busy. No news after ....

can i ask what documents they requested? for the nomination or pr grant?

Hi any body waiting for rsms visa more then 15 months. My one 15 months complete for apply visa 4months complete to allocate CO but till date no news. a month ago I called up diac they told me case officer is busy you will get your result soon but nobudy contact me I dont know what to do .. why its taking too much time . Can anybody advise me what to do .. thanx

Hi Everyone,

 

I've been absent from the forum for about 2 1/2 weeks ... had to take a time out after receiving news that my nomination was refused

 

First, I will provide my timeline just as an FYI...

 

Nomination and RSMS 187 visa application (non-DRC) lodged at the Melbourne office - 11/09/2012

Acknowledgement letters received - 12/09/2012

Nomination lodged with RCB - 10/10/2012

Nomination approved by RCB - 13/11/2012

Case Officer allocated to nomination and visa application - 9/05/2013

Nomination REFUSED - 2/08/2013

 

When I received notification from my migration agent that the nomination was refused, my initial reaction was that I was totally shocked. None of us were prepared for this. It was a very emotional time to be honest. We started preparing my file back in May 2012 and lodged the application in September. So 15 months ... so much time, effort and money! From the time we lodged the application with DIAC, it took 8 months to get a case officer and another 3 months (nearly) for the case officer to refuse the nomination. I can't begin to tell any of you how upsetting/frustrating/stressful this has been. And VERY emotional once we received word that the nomination was refused.

 

It does appear that the case officer was extremely harsh in his decision-making, as he refused it straight away without even contacting our migration agent for further information or clarification. I could understand that a bit more had my application been a decision-ready application, but it wasn't; it was a non-decision ready application. And I know the case officer is under no obligation to request further documentation, but still - come on!

 

Anyway, it was a bit hard to decipher exactly what the reason was for the refusal due to the immigration technical jargon terms used, but after reviewing it with a couple of migration agents, the reason for the refusal is because it was the case officers' opinion that the job duties/tasks/responsibilities that were provided in the job description from my employer weren't in line with the job duties/tasks/responsibilities for the ANZSCO position we applied for. And this certainly raised the question of - isn't that what I'm paying my migration agent for? To identify "errors" like this so it can be addressed BEFORE the application is lodged to prevent this kind of situation? The migration agent definitely should have ensured that the job duties/tasks/responsibilities matched the official ANZSCO position that DIAC compares it to during their assessment. He failed me. It's no skin off his back. OK so he lost some of his fees, but I have lost far more. All the time, effort and money I've put into this. And in the end I've come out with no visa and have to fight to stay in the country. And of course the migration agent isn't willing to accept responsibility for this.

 

But.......... I've calmed down over the past couple of weeks. All we can do now is pick up the pieces and move forward. There's no point in dwelling on something I can't change. Yes, it's a shame that it went down this way, but things could be worse. I do have a lot of things to be thankful for. We are appealing the decision with the Migration Review Tribunal (MRT) and that will allow me to stay in the country. I still have my job and my lovely partner, who has been amazing in supporting me during this difficult time.

 

So we have cut ties with our migration agent for obvious reasons, and I have engaged the services of a MUCH more professional migration agent to move forward with the appeal. The new migration agent has been phenomenal already. Very much on-the-ball and has been so helpful.

 

Anyway, regarding the appeal process, for anyone who is interested, here is how it works. Since the visa application is dependant on the nomination being approved, the visa cannot be granted because the nomination was refused. DIAC has not yet made a decision on the visa application, but that will occur soon - my guess is within the next couple of weeks, and it is inevitable that the visa application will be refused as well. As the nomination was refused with cause, we need to appeal with decision within 21 days to the MRT. The appeal cost is $1604. As we have engaged another migration agent to represent us, he of course also has his fees for preparing the appeal, lodging it, creating a supporting argument to go with the appeal as to why the decision should be overturned and for attending the hearing. HOWEVER, appealing the nomination does not keep my bridging visa active. So once DIAC refuses the visa application in the coming weeks, we then need to appeal the visa application to the MRT as well, which also costs $1604. Appealing the visa application will keep my bridging visa active.

 

As for the MRT, according to their website, for employer sponsored nomination/visa appeals, the average time it takes from when the appeal is lodged to when they make a decision is 554 calendar days. So we're talking a year and a half? Crazy. And there is no guarantee of course. The MRT is an independent government organisation - they are not part of DIAC. They obtain the file with all relevant documents from DIAC and conduct their own assessment. However, we are allowed to provide them with additional supporting documents and an argument as to why the decision should be overturned. If the decision from the MRT is favourable, we can apply for a 50% refund of the MRT fees (used to be 100%). They return the file to DIAC and DIAC then continues with assessing the visa application, and if everything is good then they will grant the visa. It is at that time that the 2 year commitment with the employer starts. Thankfully my employers are amazing and have my back, and are willing to support me through this loooooong process by helping me financially and by continuing to provide employment!

 

Now ... as there is no guarantee that the appeal will be successful, I have a backup plan to fall back on. If we were to lodge the appeal and it was unsuccessful, well I'm pretty sure I would be out of options at that point and would be looking at returning to Canada, which to me is not an option. So my partner and I are also going to prepare ourselves to lodge a partner visa in a years' time once we meet the requirements. The partner visa will be lodged before a decision is made on the appeal, but the appeal will likely get a decision before the partner visa is granted. So if the appeal is successful and DIAC grants my RSMS visa, I will withdrawal the partner visa application. And if for some reason the partner visa is granted first, then I would withdrawal the appeal (but I doubt the partner visa would be granted first). The only thing is, by doing this, if the appeal is successful I will have lost a few thousand on the partner visa (from the visa fee of $3975 + migration agent fees), but if I don't lodge the partner visa and the appeal is unsuccessful, I'd have nothing to fall back on...

 

Something else worth mentioning - once you are refused a visa onshore, you can only apply for a couple of visas whilst onshore. A refugee or a partner visa. Being that I will have been refused my RSMS visa onshore, I can still apply for the partner visa onshore, but as I will be apply from a non substantive visa (a bridging visa), it does complicate it slightly, and I think we will have to get an exception to apply, but I'm pretty sure my migration agent can get that done.

 

Soooo that's pretty much all of it ! Pretty terrible situation to be in. But as I said, I've calmed down a lot and I'm just focusing on the positives and moving forward. Believe me, if there's one thing I have learned through all of this, it's that if you let all of this migration stuff get under your skin, you'll worry yourself sick and I've been there many times. I think the big difference here is knowing that in moving forward, we know upfront that the appeal process is going to take a year and a half (likely) before a decision is made. So at least I can continue to live my day to day life with my partner and just enjoy life and sort of put all of the migration stuff aside for a little while once the appeal is in. All we have to do is just be conscious of putting things aside for the partner visa to prove our committed relationship from time to time.

 

So for those of you who have read all of this, my advice based on my personal experience is this: make sure the job duties/tasks/responsibilities in the job description match are appropriate for the ANZSCO position you are applying for! In my case, the case officer when fishing for another ANZSCO position that he felt was more suitable and refused the application. Very harsh decision, and I really think he should have contacted my migration agent for clarification on the job duties/tasks/responsibilities for the position we applied for.

 

Anyway, good luck to everyone. If anyone has any questions, please feel free to ask!

Hi sonic its very bad news that your nomination was rejected its happen with me as well but after speaking to case manager my MA apply my nomination again with extra document but till date no news I got CO three months ago. Why not you can reapply your nomination I apply as cook .

Hi blossom how r u three months before I got CO till date no news not even any extra document.. yesterday I called DIAC they told me your nomination is not prove yet so we can't tell you only your MA or business employer contact us about nomination my MA already send mail couple of time but no news . what can I do now is there any positive effect if my employe call again to DIAC or I have to wait .. already 14 and half months . Thanx

Are you on a bridging visa?

Yes. But why they are not contact me after 2months. I got CO .thanx

It does seem they have pretty much stopped.

Hi blossom how r u . Two months ago I got CO till date no news not even any documents. what happen to DIAC now first the finish quota now new session start most of people got CO but very less visa they grant.. now I think CO finish there quota .. ... what can I do am going overseas next month. Thanx

Good news expected after July 1, 2013 with new allocation to RSMS.

Hi today I got mail from DIAC that my file will be allocate by CO within next 4week's but two weeks ago my MA mail me your file got CO . I don't know who is right. After mailing 5 time to immigration today first time I got response . can anybody help me thanx

Hard to tell mate. I've been waiting 4 1/2 weeks now since my file was allocated to a CO. And Hardy1590 has just mentioned that they've been waiting nearly 2 months. Nobody really knows. Generally a HR applicant can expect to wait a bit longer as they usually do more extensive background checks... I'm from a LR country, my application is also non-DRC and my file is at the Melbourne office..

thanx sonicblue I think I have to wait another 3 months.....

Thanks Move2

 

I'll be direct entry so I'll need the RCB approval 1st.

Hi after waiting nearly year finally got CO can anybody tell me how much time it will take now .my timeline apply 29 June Mel ndr high risk cook thanx

Hi don't worry lovepreet you can apply 3more appeal first RRT and federal court and if both refuse finally minister review if you go through this process you have more then one year and in the mean time you will get your visa. And one more thing if you keep working in your field minister will never refuse your visa . Two of my friends got visa through this process.

Sonicblue, I know exactly where you are coming from. I spent five years on temp visas, not being able to actually live properly until pr came through. The first thing I did was go out and buy a decent car.

It is mega hard, but I think you are just going to have to let that car go. There will be more, and it is just stressing you even more worrying about it at the moment. You have enough stress just with the visa.

Visa wise you have done all you can. Immigration do say their guidelines are for having a co issued, not the actual visa.

 

Migration agents, I'm afraid I wasn't a fan of your from the beginning. He either had no clue how immigration was looking at that time, or was telling you what you wanted to hear. I did try to warn you that he was raising your hopes and it wasn't going to be that easy back then. The process is stressful enough without false expectations. Back when you first started this process immigration and issued statements that rsms were not going to be issued anywhere near as quick as they used to be. No visas were issued at all in July as the amount of acknowledgements they had to send out was so huge that all their staff needed to be doing this. How is it that lay people can know all this but not a migration agent? He didn't even know the correct amount of time and places to advertise the job for the rcb, and I believe he is based in Adelaide.

 

Just try to relax, and remember, it will happen, it is all about patience. Think of the one person on here who waited 15 months! And was then refused!!

Your time will come, and there will be many more cars.

HI sonic just relax man you r not the only one who face problem as I apply in June end on that time I think visa will come in Sep or next year Jan. I thing after that I will enroll my wife for study which cost 3000 after .PR And actual is $12000 after waiting long time I didn't get any response from DIAC till now. Two week ago my wife start study and I don't want to waste more time for waiting visa becoz it's not in hour hand and now I feel very relax. I know .PR is very important but we can only wait.... so just chill go and buy old car visa will come 100% . Thanx

My one already expire medical and AFP. But today I got afp and medical and going to send to my MA . So don't worry alvin we are in same boat . Just applynew one you will get within a week . And hope we will get gud news this month thanx

This is what my MA replied when i asked him to write DIAC (WA) to get update on case officer.

 

 

"There will be no difference if we write an email to them to the allocation of your application. I would advice you to wait for a couple of weeks until they get back to us which they are for most June 2012 lodgements."

Hi .... any news from Melbourne centre .... ? Hi blossom do you have any roughly idea how much maximum time it will take for visa who apply end June in Mel. Thanx

That number is for the whole of Australia. The cap obviously hasn't been reached yet as visas are still being issued.

Thanx blossom and one more thing is that true Melbourne office stop grant visas . My agent email me yesterday that my visa might come in end July . Thanx

Jedepearl is from LR and DRC MEL, 29 June

 

So Mel start picking last week of June DRCs

Hope NON DRC start of June will be processed shortly.

 

Last week of June NON DRC MEL, I think will be processed after July 2013 due to allocation limit of 16,000 applications for year 2102-13. ( Last of week June have close to 9,000 applicants and most of them in MEL)

Hi move2 can you pls explain what is allocation limit is it 16000 for all over aus or Mel only then people from other state how they getting visa if RSMS visa cap over thanx

It's quite confusing as mel centre shows they are still on April files. Anyways, if it is true, I am happy that they are moving forward as I applied on 24th June. It really gives us hope. Hope we get good news soon..

Hi lovepreet it's true just try myaccessaustralia web site lots of people getting visa who apply in June 2012 in Melbourne hopewe will get gud news soon .

Hi SA5005

Your case sure gives me hope.... Hope that my visa too gets sent from Melbourne pse to Paramatta !!!!

Else we hardly hear of anyone in this forum who have been granted 187 visa from Melbourne.....

Cheers

Kkk666

Hi one of my friend got visa he apply (20/06/12 Mel NDR ) and gud news is he didn't get CO just direct visa . How lucky he is. This case sure gives me hope I apply 30/06/12 in Mel thanx

Thanx for this information.

email address for Melbourne is vic.pse@immi.gov.au if that's what you're looking for

No man this one is auto reply .

So so jealous dutchmen, but congrats!!

Hi can anybody tell me which site I have to contact to Melbourne am try diacbusinesscentre.via@immi.gov.au but it's fail all the time . Is there any other site and one more thing is there any different website for MA or its same . Apply 30 June Mel . Thanx

i guess they might call...not sure tho

Hi one of my friend apply same visa diac call them . And they are enquiry about how many people are working there.. And proof of time sheet

hi everyone...!does anyone knows how long it takes to get ur visa after approved nomination by diac(melbourne office).my nomination was approved on 28 feb and i still got no co or visa .its been its nearly two months now

Hi man you will get good news soon all the best can you plz update your timeline . Thanx

Looks like, you are pretty close to decision but again hard to give any date. Luckily, You are ahead of all the pre July applicants.

Hi what is meaning of pre July applicants I apply 30 June in Melbourne . Thanx

Hey sneh can u plz explain me dis ...wat u wrote,,",U can if your business abn no same . Thanx"

Hi man every business have Australian business number if business owner change abn no. Change . Still if you working u need new application. Like my company has more than 40 rest. I can't transfer my file becoz every rest has different abn .