Interllectual86

Hi,

I applied for a regional sponsorship 187 visa and got refused because of a missing document. Then I applied an AAT file (MRT). AAT called me for a hearing in 2 months time. At present I'm on Bridging A visa. My questions are:

1. Can I apply for a new sponsorship and withdraw my hearing?

2. If can, I got to know that I need to go offshore to apply my new sponsorship. If I apply offshore, how long do I have to stay offshore?

3. Do I get a new Bridging A visa as soon as I apply a new 187 sponsorship visa in offshore? ( or do I have to stay offshore until they approve my Permenant residency? Ex: 4-8months)

4. Am I bard from applying a bridging or any kind of temporary visas for 3 years? (Ex: s40 or 48)

Please advice....

Thanks!

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Sounds like a serious problem - the reference to reg. 5.19 relates to the employer but there's a big difference between a Management Consultant and a Hardware Manager - and I would suggest using an agent. Note that the MRT has not existed since June 2015, the relevant tribunal is now the AAT.

 

Good luck!

 

Cheers,

 

George Lombard

Hi George,

Thanks for your kind respond. I already have an agent but he doesn't ask me any relevant documents from my end. He has got only documents from the last year. The letter says nomination of retail manager (general). The agent going to handover all the documents to the business owner. The owner gets the decision to apply for the nomination only if the documents are strong enough. Because the letter clearly mentioned they can get legal action against the company if they don't give evidence and present arguments. I decided to collect evidence from my end such as invoices, order manifests, rosters, tax invoices etc. I'm really helpless and frustrated at this moment because of my agent. What do you think about this scenario?? Need some advices from you.

Thanks!!

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Hi Mark N,

It says the decision under review was made on the basis that certain requirements in Regulation 5.19(4) of the Migration Regulations 1994 (the Regulations) were not satisfied.

The Tribunal hereby invites you under s. 359(2) of the Migration Act to provide information demonstrating that the business meets all relevant criteria in Regulation 5.19(4), including, but not limited to, any information concerning satisfaction of the particular criteria which the Department found were met r.5.19(4)(h) as the delegate was not satisfied that the tasks to be performed in the nominated position of Retail Manager (General) corresponded to the tasks of an occupation at a skill level of ANZSCO skill level 1,2 or 3, as required by r.5.19(4)(h)(ii)(D)).

I work there as a hardware manager and according to ANZCO code 224711- Management Consultant.

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I'm going through the process of 187 regional sponsorship visa. At the moment it's in MRT and my file opened for nomination. I prepare all the documents according to ANZSCO code- Management Consultant cause the reason for refusal was didn't fulfils the required documentation for ANZSCO code skill assessment. Please advice me what are the main documents I have to get from the company as Hardware Manager. And also I'm doubt about the hearing process. Thanks!!

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Hi everyone,

 

It's been ages since I've posted anything on here. I kind of got discouraged and lost interest in it after waiting months and months and then having my application refused. But there's been some recent development in my application that I'd like to share!

 

So here's my timeline:

 

I am located in South Australia. My application was at the Melbourne PSE office and it is Non-DRC. Occupation is Hospitality Manager.

 

Nomination lodged with DIAC - 11 September 2012

RSMS (187) Direct Entry Non Decision-Ready visa lodged with DIAC - 11 September 2012

Acknowledgement of valid nomination received - 12 September 2012

Acknowledgement of valid visa application received - 12 September 2012

Bridging visa granted - 12 September 2012

Nomination lodged with RCB - 10 October 2012

Nomination approved by RCB - 13 November 2012

Case Officer allocated to Nomination - 9 May 2013 (8 months after lodging application)

Nomination REFUSED - 2 August 2013 (11 months after lodging application)

Visa REFUSED - 2 September 2013

 

Nomination appealed to MRT - 21 August 2013

Visa appealed to MRT - 12 September 2013

Notice from MRT to attend hearing - 26 February 2014

Hearing at MRT in Adelaide - 16 April 2014

Notice of Decision and Reasons from MRT - 15 July 2014

 

Outcome: The MRT has 'set aside' the refusal of the nomination and substituted the decision with an approval! The nomination is approved! The visa application has been remitted to Immigrations for processing

 

So guys, I know it is difficult. Believe me, I know... But don't give up! I have no idea how long Immigrations are taking to process 187's at the moment, but I know the wait is stressful and difficult to cope with. But as with my application, the best advice I can give is to not give up. Fight for what you are seeking: permanent residency. Otherwise, what was the point in the first place? Why put yourself through the stress and put in all the time and effort and money and then just walk away if Immigrations says no? I know every case is different, but I didn't give up. And now? I have won my MRT appeal, my employers' nomination is now approved and I'm just waiting for Immigrations to process and grant my 187!

 

The reason the nomination was refused in the first place was ridiculous and petty. The case officer that was allocated to the applications decided that the tasks and duties in my position were closer to a different position in the ANZSCO list on occupations. The thing is, ANZSCO didn't list any specific tasks or job duties for my particular position (ANZSCO code), so he went on a 'fishing expedition' to find another position that he felt was a closer match and refused the nomination on that basis. And as a result of the nomination being refused, the visa application was refused a month later as the visa couldn't be granted without the attached nomination being approved. If I didn't appeal both the nomination AND the visa application refusal with the MRT, my time in Australia would have been over.

 

So the entire Migration Review Tribunal (MRT) process took nearly 11 months from start to finish, cost an extra $3208 ($1604 per appeal) plus the cost of a new migration agent to represent us / handle the appeal and make a submission/written argument.... but it was all worth it!

 

So now... it's as if there was never a refusal. The nomination is approved and Immigrations has no further say in it! The visa application has been remitted to Immigrations and I'm back in the game! I think generally when you win your case at the MRT it's pretty quick though... maybe within a month? Hopefully my visa application will be allocated to a new case officer soon and they will begin assessing the application as they do. I suspect they will probably ask for a new visa medical, as it has been a long time since I completed the last one. They may ask be for new police clearance certificates as well. I hope they don't ask for a new Canadian PCC though, as that took 4 months last time...

 

But I think it's just a matter of time and I'll FINALLY have my 187! Winning the MRT has brought me soooo much closer to getting my visa granted!

 

If anyone needs any recommendations for a GREAT migration agent, I am happy to recommend Mark Northam (mnvisa.com) in Sydney. Mark is fantastic! I couldn't say enough good things about him. He's so professional and friendly and is in the know! He's very very knowledgeable and keeps you in the loop with everything. He handled my appeals to the MRT so well ! Thanks a million Mark!

 

Good luck everyone

Hi SonicBlue82,

I'm going through the same process as you 187 regional sponsorship visa. At the moment it's in MRT and my file opened for nomination. My agent preparing all the documents according to ANZSCO code- Management Consultant. Please advice me what are the main documents I have to get from the company as Hardware Manager. And also I'm doubt about the hearing process. Need some help for go through it from your experience.

Thank you!