Samson

I’m in the same boat. I’m renting again because it would cost me around 50k in additional fees for a 400k house. Sucks Bigtime

Hey mate, Its a very simple answer, stick it out buddy. get ya PR if your current company is offering it and then go back for a long holiday!

Further assessment means its probably out of the CO's hands until they receive some information back from whatever offshore office is confirming the documents they requested. Your CO requests the docs from you, the CO sends them to the Overseas Post, London for example, that then sits in that queue and is allocated to the UK staff member to be allocated that job, they will then complete that task, for example if you needed to upload proof of experience for example, they would be allocated a task to confirm that experience with your employer and provide your CO with detailed report. Then your CO will receive that job back and finialise your application (quite quickly as it clears their queue) The issue is, it could be in the overseas Post queue a year maybe 18 months before its picked up, it really does depend on what the further assessment is, so even if you did manage to speak with your CO, the best they would say is that your application is still processing, they cannot and will not state anything else as it could mean if someone was lying, they would know to cancel the application before the decision was made. Unfortunately all you can do is wait, I waited 18 months for my further assessment to be completed.

If you are referred by an agency or labour supplier to a business, you can work for six months for that business. The same agency or labour supplier can refer you to another business where you can work for another six months. You cannot stay in the same position in the same location with one employer for more than six months by using different employment agencies, business affiliates or sub-contracting arrangements.

I believe the bridging visa will have the same rights as your current visa, mine did when I went from a WHV->457 however I was able to remove the 6 month work limitation. It may be different if you have applied for a partner visa / non skilled visa or if it's a Temporary / Permanent visa. You should be able to access your Super now your hours have been reduced to zero.

The reason why no one can answer your question is because there is no possible way any knows the answer to it. Even the AAT. All cases are processed in date order, however, there are cases that are given priority and this will impact when your case is assessed. Although you both work for the same company, its two separate nominations, both with a different reason for refusal so will be assessed and heard separately, doing them together saves no time they both are assessed on their individual merits. Having said that, your case being delayed is probably in your best interest as I assume the restaurant is currently closed and does not currently need a Restaurant Manager. So even if the AAT Remitted the application, Immigration would be within their rights to refuse the application on that ground. Out of all the government departments I have ever had to deal with, the AAT seem to have their hands firmly on the ball and seem to run things very well. The huge delays at the AAT is purely down to poorly submitted applications and poorly trained immigration officers. With the AAT the rule is be patient, your time will come. Mine took nearly 3 years.

Urrgh, thats what I thought... Originally it was a 417 so its a a long wait for me then as I read the legislation and seems needs to be 457-BV-457 for example if I understand correctly. Aplogise for the wrong section, it was pretty late ;-) Thanks Raul

Hi Guys I would love if a MA would answer the following question for me. Applied 457 2016 (way before the rules changed) Eventually granted in March 2020 My question is, the time I spent on a Bridging VISA from 2016 - 2020 can this be used to satisfy the requirement for work experience as per this it seems so but I just don’t know? Held or had applied for a 457 Visa prior to 18 April 2017 (which was subsequently approved). Any occupation, provided it is the same occupation as your existing 457 or TSS Visa (even if it is no longer on an approved list). 2 years of employment as a 457 or TSS Visa holder (or associated bridging visa), in your nominated occupation with your sponsor, within the 3 years leading up to the lodgment of the application. I’d prefer good news that it will and I can lodge the 186 without waiting until March 2022 Thanks Guys Sam

Judo Bank?

Just stick it in a UBank saver account and follow the rule deposit $200 a month @ 1.85 %

Hi MaggieMay, Thanks for the reply. They did contact via email and said to provide docs and to upload them in immi. However the email address was no.replyTSS@homeaffairs.gov.au. I will give immigration a call and see if they can put the application back on processing or something.

Hi, I have two questions that are annoying me. If a 457 was refused but then successful at the AAT - how is the best way to provide the police checks? being finalised on immi doesn't allow them? Also, if a company sponsorship expires 2021 would the visa still be given a 2 year lifetime or would it be only given to the expiry of the company sponsorship? Thanks Sam

It’s also to do with your intent to return home. return flights a job family / children a business good life back home financially secure a mortgage / rental agreement ongoing bills while you are away, car payments, electricity memberships

So your company notified immigration of your dismissal and you were given 90 days to find a new sponsor or leave, then after 70 days you old company said, oh we want you back and will sponsor you again?

I’m pretty sure self sponsorship is a thing of the past.

I believe the rule is pretty clear. Pending Nomination = AAT still have power to review visa refusal Refused Nomination = AAT do not have power to review visa refusal Approved Nomination that’s still valid = AAT Have POWER to Review visa refusal Approved Nomination that’s expired post 12 months AAT do not have rights to review Pending Nomination When Visa Appeal was lodged then that nomination being refused as long as that nomination was also appealed to the AAT within the timelines then AAT have rights to review the visa refusal but first would assess the nomination refusal and if they could not set aside that decision and it was affirmed then they would have no rights to refuse the visa refusal. Unfortunately you have no nomination or one that you appealed in time so I agree with the other advice you have received and say the AAT will not review the visa refusal.

No one can help when it says Further Assessment. It’s being assessed in much more detail and can take any amount of time, for example my 457 was in further assessment for 18 months and refused the day before Xmas eve. It really all depends on what information they are actually further assessing, you can only wait.

If you are under 31 you could apply for a Working Holiday visa and come over for a year or two and see if you actually like it. If you are over 45, you will not qualify for most skilled visas.

There are many rules the department have to follow, one of which is successfully notifying him that his visa is being considered for cancellation. He will then have a set time to respond saying why it should not be cancelled, the will then notify him of the decision and yes once released could go straight to immigration detention awaiting deportation if he doesn’t appeal. If this is his first and only conviction he may not be stripped of his PR he may receive a warning that his visa may be cancelled if he commits further offences. Being in Australia since 1962 has a very high amount of weight for reasons not to cancel his visa. If he has family here and none back home again puts weight on not to cancel the visa, if he has dependant children again puts weight on not cancelling the visa, also if the crime is a non violent crime and or towards vulnerable people it would put weight on not to cancel the visa. And finally the likely hood of reoffending again at his age I would hope he isn’t. if It’s cancelled and appealed the AAT will look at his whole criminal record it will not go well if he has a lot of convictions.

Ahah ahah yea good luck with that!

Its been 14 months for me and emailed AAT last week and they said no eta as yet, I have read a few cases on Austlii and dates of early December of 2017 lodgement were quite common so I would say 18 months for me, thats just a guestimate tho

If you didn't see the letter and had paid it before you read the letter from the debt collectors, you will need to let the debt collector know you have paid it to the ATO. This may cause issues depending on how they work, however from memory the ATO doesn't sell the debt on, just employs their services to chase? I could be wrong. Anyhow, visa wise unless you constantly try and dodge your tax liabilities then 1 oversight isn't going to get you into any trouble.

Any chance now you know she’s pregnant that you two can get back together and possibly apply for the Partner Visa? Just so you are aware, having a child means absolutely nothing to immigration, so you will need to qualify for your own visa to be able to stay. I am in a similar situation but my daughter is now 2 years old, I have paid child support since day 1 and paid for all jabs etc, I also see her and have her stay over every weekend and we are best of buddies. My AAT appeal is going to be soon it’s only for a 457 visa but if not approved by the AAT I would need to go back to UK. My advice is if you don’t qualify for your own visa, your ex and you can’t make up and bring the child up together on a partner visa, then leave and go back before the child is born and don’t go through the stress & heartache this will cause.

186/187 90% of applications within 13 months

Currently you are without a sponsor. So I assume your current 457 has grounds for cancellation. I would defo seek some advice from the MA’s who post on here but firstly I think your new company owner will need to become a standard sponsor and nominate you so your current 457 is covered by a sponsoring company once this has been approved then Yes I believe you can be sponsored for PR without resetting the clock. However I think you need to demonstrate that the Job is the same, management is the same duties are the same wages are the same etc etc The issue firstly is the time it will take for the company to get approved sponsor status and for the nomination to be lodged (a year plus) your current 457 may have naturally expired or cancelled as the original sponsor abn is cancelled. Again I’d strongly speak with one of the agents on here as this is my own views and I am not an expert