emilyaizai

Hi -

 

Part of the requirement for the nomination if the person is applying under the TRT stream for the 186 visa is that the proposed visa applicant has held one or more 457 visas for a total of 2 years during the 3 years prior to the date the nomination was lodged. This means the nomination cannot be lodged prior to the completion of the 2 year period for the TRT stream, or the nomination will be refused based on not meeting the 2 year requirement.

 

Wish things were different, but this is a classic example of how and why migration law is such a complex and detailed part of Australian law, and utterly unforgiving in many ways like this one - there's no "unless the Minister is satisfied xxxxx" or something like that - it's a black & white requirement that is either met or not. However this is something that your migration agent owed a duty to inform you of - it's not your job, after all, to go plowing through all the regulations and check everything yourself, although in the eyes of DIBP they will always put ultimate responsibility on the applicant(s) even if the agent provided incorrect advice.

 

Best,

 

Mark Northam

Hello, Mark Northam,

May I please ask you just one more advice? I actually received contact from CO today requesting only few more documents before my MA submit withdraw application. Should I still withdraw? Or should I just try to submit the requested documents and see the fortune?

Thanks heaps.

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Hello, Mark Northam,

May I please ask you just one more advice? I actually received contact from CO today requesting only few more documents before my MA submit withdraw application. Should I still withdraw? Or should I just try to submit the requested documents and see the fortune?

Thanks heaps.

Sent from my iPhone using Tapatalk

Thank you deeply for your explain. Now I totally understand. And I decided to withdraw and apply again, which seems the fastest and safest way to minimise waiting. However, the most costing way as well. But still until now, I haven't heard a word of "sorry" from my MA, even he promise to do all the process as fast as he can, I really want to hear a "sorry" to comfort myself.

Once again, thank you.

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Thank you very much for your reply. But I just have a question is the actual nomination has passed 2 years, as the 457 nomination was approved February in 2014, visa applied afterwards and approved April. However, this time, both nomination and visa was applied in April 2016, which was 10 days earlier than 2 years of holding 457 visa. So will your suggestion still work the same? Thank you again sincerely for your suggestion.

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Both me and my MA made a mistake of the visa approval date. And I still didn't believe my MA didn't checked the date before lodging my 186 application. As a result, the application is actually 10 days earlier than the 2 years requirement. Then 1 day ago, we found out this big mistake as the timeline is approaching.

The MA asked us to wait a little bit more until a CO allocated. But I am thinking should I withdraw the application straightly and lodge another new one? Or better wait few more days?

I was waiting all the way until now, frustrated. But this nightmare just made the waiting even worse.

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