stevecbx

1 hour ago, Karan08 said:

Kindly let me know about what happens in this situation with AAT after consulting with your migration agents because as far as i am aware AAT and Immi both are seperate and immi has nothing to do with AAT.

Also let me know what your migration agent says as everyone say different things.

I am in same situation where i really need to 6 months more to leave as i am currently on TB treatment and want to cure this bfr i leave.

Thank you and God bless you

Hi Karan,

If I could update you, I would do so.

Technically that the sponsor must employ the person even after PR is granted.

AAT of course will not define the outcome based on the current situation. AAT will only revert back the case to the immigration.

You also must understand that AAT is not the organisation who issue you the visa, they only act to review the decision and after the review is done, the case will be handed back to the immigration.

 however, if immigration finds out which they eventually will - in my case that one employment is ceased, it will affect the outcome and most likely will result as refusal.

My migration agent mentioned that the only option for me to stay in Australia is to find another sponsor.

I am not a migration agent but I can see that in your case is different, you can use your health ground to remain in Australia temporarily.

And I strongly suggest that you apply to ATT to expedite the process on the health ground. As long as you can prove that you need their decision based on this, your case will likely be sped up.

Good luck.

13 minutes ago, MilaMocha said:

The nomination is lodged by the business meaning no business = no nomination; no nomination = no visa.

 

The moment AAT/Immi finds out you’re no longer working there/being nominated, both the nomination and visa will be refused and you will be given not sure how many days to leave (21 or 28).

 

You have the option to lodge a new nomination while you are still here, if you find a new business, but you still might have to leave after the 21/28 days and wait for the decision overseas as you won’t have a substantial visa to remain here. If approved you can then lodge the visa application, if granted you can then move to Australia again.

 

Thanks for your response

Hi Guys,

I really need some help from those who has the same experience or may know people who had gone through similar cases like mine. 

So please see below:

I was on 457 and applied for 187 but the nomination was refused on 2 May 18 and subsequently the visa on 12 Jun 18. The reason was the immigration deemed the sponsor will not able to pay my salary for the next 2 years.

I contested the decision by appealing to AAT.

Appealed both for nomination and visa on 29 Jun 18.

Now that I have been terminated last Friday and my 457 visa has already expired and I am not on bridging visa until decision of the appeal is finalized.

My ex employer will notify the immigration that my employment has ceased - however I can delay this since the regulation says that the employer must notify the immigration 28 days after the termination has been handed down to the employee.

So my question is:

1. Will my AAT application circumstances changed as in no longer valid?

2. Will I have 35 days or 28 days after my visa (only if) is cancelled?

3. What would be the option for me to stay in Australia?

I know that I should consult this to migration agents, but I'd like to see every little possibilities that I have. So it'd be appreciated if you can share your experience or knowledge.

Hi Guys,

Need an advise here.

My nomination was recently refused. I would like to appeal for this. Has anyone ever gone through tribunal and if so what was the result?

I was advised by my MA, it'll take around 1 year to get the result from MRT.

And while I wait for the result, I plan to find another job to sponsor me 457. 

Reason is I am not happy working for my current employer, I know it will take 4 years till I will be eligible for applying another PR ? But I think it is worth the wait since 

I am struggling every single day working here. 

and during the time, if I can find the employer who is willing to sponsor me, I'd quit my job straight away. Question is, Can I withdraw the appeal?

I cannot be bothered scrolling up and read post by post. But to those who rely on your MA to tell you all the information you need or they know, you need to listen to my fave band's song

Don't look back in anger - Oasis

it goes like "please don't put your life in the hand of a rock n roll band cos who'll throw it all away" LOL

The meaning is don't just swallow 100% info that your MA tells you, always get 2nd opinion from another MA. I believe it's free nowadays to consult. It's like going to one doctor that you get clap but other tells you that is just allergic skin response lol sorry cant think any better example

Trust but verify mate!

3 hours ago, sbrowne9 said:

Ah man, really sorry to read this. I've had my previous nomination refused, and it is really really shit. The reasons they gave you are actually quite worrying, especially if a similar application was approved a month before, and the amount of staff you have. Definitely agree with other posts that it depends on the CO, but I also think we are seeing a shift in the rules of what the turnover needs to be in order to show that it can support an employee.....really worrying that your nomination was refused on that basis as my new nomination is with a small start up company, so trying to show that it will be able to support you is going to be tougher than a company of your size. 

Also not sure how they can make that decision when you are actually employed in that position and the company are paying you....right? head-scratcher...

By the sounds of things, skilled independent is the way to go. Keep us up to date though, as journeys like yours are the main educational part of this forum, even if it has lifted my anxiety level from 10 to 11.....!

Oh good then I found another person who is on the same boat? How did you go then? Did you reapply the nomination or appeal to court?

The reason was immigration excuse, you may think I am being skeptical but it is true. Same financial information, only applied one month apart why one was refused and one was approved? I know from the BASs and IASs that were submitted the company I work for was in loss figure but again why refused one and approved another one. I do not think they have a clear guideline or benchmark, it will be depending on the CO's "Personal Assessment"

I do not know the exact turnover but there is a minimum yearly figure that a company has to meet before EVEN approve as a sponsor. So once the company is approved then they can nominate. Do not worry too much man. If you want to ease your mind, ask someone who is handling the accounts in your company, see the BAS that were submitted for your nomination

check the total amount that ATO owes the company against the total amount the company has to pay to ATO, plus if you have the latest superannuation statement from ATO portal. If those figures positive, I am 1000% that immigration cannot refuse your application on financial ground of the company.

Anyway, I really need to know what you did after your nomination was refused, whether you reapply or appeal?

cheers

1 hour ago, DannyN said:

Hi guys,

 

just wanna ask one question in regard to the relationship between the employer and employee. Can we just stop working for our employer straight after the 186 visa has been granted.

This is what I did. I spoke to my boss directly that I will be leaving once I get my PR - the reason I was just being nice. He said just give us a notice you leave.

He then hired another accountant to anticipate/replace me when I leave. That happened after my assistant left her job.

FYI, I am close with my boss. I would say like a friend not as employer. So I am not worried at all but after my nomination was refused earlier today. Things changed.

I do regret said in the first place that I will be leaving after I got my PR but anyway to answer your question, technically you can leave the job as soon as you got your PR.

Though you signed the letter that you will be working for the next 2 years, Immigration cannot legally force or cancel your visa on that ground. Cos you can always argue that situation changes. You planned 2 years ago then things changed so you need to make another plan,

Here is my suggestion if you hate working with your current employer, do not tell anything about you wanting to leave the job. Hope this helps

2 minutes ago, Bellabonkers said:

That’s it! 

What an absolutely incredible attitude you have! 

Dust off those shoulders... 

where abouts are you based? 

NSW.

It's alright. I always  think if you are meant to be here you will be here. It does not matter where you end up living or staying. I will still work on getting my PR but at the end of day as long as you are happy with your life, it is much more important than a permit to stay in Aus indefinitely. 

Sometimes things that you want are not the actually things you need.

It's awful but you just gotta suck it up and get up mate!

So I am not bothered with the refusal, I just wanna figure what the next and best step I should take..

My Nomination was refused today

Accountant

Nomination & Application applied on 27 Nov 17

The basis of the refusal is attached.

The funny part is my work mate whose  application was prepared by me using the very same documents for the nomination was granted his PR last month.

My MA said, I have option to reapply the nomination or contest the result to MRT. 

I also can apply through skilled independent visa though, almost 3-5 years Australian work experience  Personally, I do not like work my current employer anymore. I'd love to change a job, but to find a company whose willing to sponsor me on 457 will take quite a bit of time.

So, can anyone suggest?

02052018170741-0001.pdf

1 hour ago, Bellabonkers said:

That’s awful! 

I don’t understand the logic!?

i notice you were back on there yesterday wen I was having a look! 

If you guys wanna know who removed your list on the file, click on "last edited by" or "all changes saved in drive". It shows what's been edited but it's gonna be painful search it one by one from each time the files was edited

Based on my on what I observe from this forum, I believe here is some kind of guidelines how the COs process the application. I think they process the appllications based on:

1st Occupation

2nd The time the application is submitted

3rd Visa Stream, whether it be DE or TRT but most of the time TRTs are more prioritized

4th,5th and so on Country Assessment, No of Applicants etc which I think are not so important compare to the first 3.

7 hours ago, sbrowne9 said:

Hey @Parkesy

I don't mind at all! So, I tried to get it out of my employer why their nomination had been refused, and they didn't want to tell me at all. So I did a bit of searching with my migration agent, and found that they had actually 're-structured' the business, had changed the ABN to a new one, made the old one insolvent, and transferred all employees to a new one... I had actually spotted the change of ABN a few months before, and emailed to ask if it was going to affect my visa, to which they said 'no, no, no, it'll be fine'. So it's quite a pain when we can do everything in our power to make sure everything is right, but one move from the employer means that your whole application is refused, quite down-putting.

Now I'm back checking this and the timeline everyday despite it only being two weeks since my new application! 

Hey mate, 

How did you end up applying for the same visa after the first one was refused?

Just in case, maybe I'd be on the same situation later.

Cos I thought u would not able to do that unless you take your case to MRT?

My workmate just got his PR granted.

Occupation = Graphic Designer

DE Stream

Applied 7 Oct 2017

Nom Granted: about a week ago

Visa Granted: 19 Mar 18

No of Applicants: 2

Country of Origin: Brazil

Funny thing is, I was the one who prepared all the company docs that he needed and I applied my 186 TRT a month later on 27 Nov 17. And still hoping a good news that have yet to come.

lol I don't like the latest occupation being mentioned but ffs I don't think this waiting process would be a matter if you love working in your current workplace

but if you don't, everyday is a struggle. like me tryna get out of this shithole for almost 5 years. Should have done 187 permanent independent skilled 

any other accountant whose visa granted recently?

Just IMO, they seem to work based on the occupation of the applicant?

I heard there is also quota/ceiling per year for those occupations?

If so, they will not process for jobs that is almost or nearly hit the ceiling figure.

And just a suggestion for those who've  been waiting longer than 70-90% advised processing time, you may need to go to lawyer in a group to represent your case, once it goes to public then hopefully the immi would be watched closely and hopefully they would speed up all the process?  sounds risky but i'd try if I am in that position which i hope i would not be

I applied on TS stream for 186 back in 27 Nov 17 through a MA.

I wonder how can I check my visa application status, I have TRN, letter of acknowledgement and such but when I log in to my account and enter those details, the search ends with no result.

Does anyone know why?

And just to share some info:

The company I work for has been sponsoring employees so far including myself (3 on 457 and 1 on 186 DE, 2 of 457 applications subsequently sponsored for 186 TS)

The first 186 application for Sales Manager was granted within 6 months (1 applicant from Netherland), applied in Aug 16, granted in Feb 17.

The 2nd application was 186 DE, occupation Graphic Designer applied in Oct 17 (2 applicants from Brazil) and CO was appointed  yesterday

And lastly is mine (occupation Accountant from Indonesia 1 applicant), applied in Nov 17 and still waiting.