Nil71

August 3, 2018

Last week my friend 187 DE nomination refused he was working last 2 years full time but last week nomination refused the reasons is you do not need chef because matrix plan for restaurant staff shown that time was 2 chef was on 187 visa and they left one by one and today only he and one more chef so still refused immigration can use tools for it.

July 23, 2018

5 hours ago, Legend said:

Mate!! Would u mind to show me the source . Bkz everyone is saying different different things.

Thanks

Good afternoon Mr Yogesh,

Please find the extract from the DIBP policy advice manual.

Employment with the same employer

Overview

In order to satisfy the 2 year requirement for the purposes of regulation 5.19(3)(c)(i)(A), nominators must demonstrate that the UC-457 visa holder has worked with the same employer for the whole period being considered. The term ‘employer’ refers to the entity/s that participates in the employer-employee relationship. An entity that changes structure, becoming a new discreet entity, may still be considered the same employer for theUC-457 visa holder provided they fall under the parameters outlined in Scenario 3 – more than one standard business sponsor.

There are three scenarios that would ordinarily satisfy this criterion:

The nominator has been the sole standard business sponsor for the nominee, and the nominee has only worked directly for the nominator for the whole 2 year period being considered.
The nominator has been the sole standard business sponsor for the nominee, and the nominee has worked for either a combination of the standard business sponsor and an associated entity/ies of the standard business sponsor or solely for an associated entity of the standard business sponsor (as allowed through the UC-457 8107 condition).
The nominator has not been the sole standard business sponsor for the nominee in the period considered for the 2 year requirement, however the nominee can still be considered to have remained with the same employer.

Although there may be other scenarios that satisfy this criterion, policy advice for each of the above scenarios is as follows.

Scenario 1 – one standard business sponsor, no other employers

In the instance where the nominator has been the sole standard business sponsor for the nominee, and the nominee has not worked for any other entity at any stage of the 2 year period considered for the 2 year requirement, then this satisfies the ‘employment with the same employer’ criterion.

Scenario 2 – sole standard business sponsor, but work undertaken with associated entities

This includes instances where the nominator has been the sole standard business sponsor for the nominee, but the nominee has undertaken work with other entities. A person holding a UC-457 visa granted under 457.223(4) (standard business sponsorship) is permitted to work within the business activities of the entity that sponsored them or within the business activities of an entity related to the nominating entity under the provisions of s50AAA of the Corporations Act. This is based on condition 8107 condition, which would have been applied to the UC-457 visa - 8107(3)(a) refers..

For more information on where two entities are associated, refer to Related and associated entities under the Corporations Act.

Scenario 3 – more than one standard business sponsor

There may be applications for the Temporary Residence Transition stream where the nominator has not been the nominee’s sole standard business sponsor during the whole required 2 year period. In these cases, work undertaken with an entity other than the most recent standard business sponsor may still be considered towards the 2 year requirement if the nominator can demonstrate that the nominee has actively performed the duties of the position for the required 2 years despite a change of their employer. This may occur in situations where the current standard business sponsor has undergone business restructure/takeover/sale/closure and may have changed their ABN/ACN/name, which required a new standard business sponsorship approval. That is, there must be some connection between the most recent standard business sponsor and any previous standard business sponsor/s of the nominee to be counted towards the 2 year requirement.

When assessing this criterion for cases where there has been more than one standard business sponsor, delegates should consider the following three questions and, if they consider the answers to the three questions to be generally ‘yes’, may consider this criterion to be met:

Is the nominee still working in the same position, performs the same duties and has the same working conditions in the required 2 year period, regardless of the change of sponsor?
Does the nominee report to the same management structures?
Has the nominator retained the same business name and/or operations, but is considered to be a new legal entity?

The policy intent is to accommodate for UC-457 visa holders that apply for Temporary Residence Transition stream that have been affected by circumstances outside of their control, such as their employer undergoing a business restructure, takeover, sale or closure.

Example 1

Jasmine was sponsored for her UC-457 visa in September 2012. In January 2013 her employer, Maximum Accounting Pty Ltd, was bought out by Smith’s Professionals Pty Ltd. Smith’s Professionals and Maximum Accounting are not associated entities. Smith’s Professionals applied for and gained a standard business sponsorship for Jasmine and all other UC-457 visa holders who were sponsored by Maximum Accounting. Jasmine continued to work for Smith’s Professionals in the same role, with the same duties and in the same workplace. Her reporting lines did not change, however her company’s ABN and name changed. In September 2014 Smith’s Professionals lodged a Temporary Residence Transition stream application for Jasmine. The period Jasmine worked for Maximum Accounting would be counted. This is on the basis that Jasmine continued in the same position, performed the same duties and reported to the same management structure with the new entity and that the new entity came about as a direct result of the takeover/sale of the former entity.

Example 2

Mr X is nominated under an SBS by Mr AB as a cook in a restaurant that is operated by him as a sole trader, under the trading name of ‘Curry paradise’. 6 months into the sponsorship, Mr AB decides to incorporate a company to operate the business, registers a company by the name of AB Pty Ltd and commences operating the business under that entity. The trading name is registered to the company and a sponsorship and nomination are approved. If AB Pty Ltd were to nominate Mr X under the Temporary Residence Transition stream, 15 months after the change in structure, the period Mr X worked for the sole proprietorship would be counted. This is on the basis that the sole proprietorship and the company may be considered to be the same employer of Mr X.

Example 3

Mr Z is nominated under an SBS by LNM Pty Ltd for the position of accountant. Mr L is the sole shareholder in LNM Pty Ltd. 1 year later, Mr L decides to sell the business to C Corp Pty Ltd.- under the deal, Mr L is assigned 80% of the shares in C Corp. C Corp is approved as a business sponsor and nominates the position in which Mr Z is employed. 14 months later, C Corp nominates Mr Z under the Temporary Residence Transition stream. The period Mr Z worked for LNM Pty Ltd would be counted on the basis that the 2 entities qualify as the same employer of Mr Z.

--

July 23, 2018

On 21/07/2018 at 15:55, Legend said:

Are you sure?

Yes100%

July 21, 2018

20 hours ago, Legend said:

I have a question. If the owner sale the business and the new owner with different company name running the same place with same business will it affect the 187 DE visa application ? Would you mind to give me this ans please

Thanks

Only mater is trading name need to same as old one ABN NUMBER and company name change is ok not worried ok make sure trading name will is same ok

July 20, 2018

19 hours ago, Lee29 said:

Hi guys please i need some advice.

my visa was granted mid of august 2016 and start working and getting pay on full time tax on 5 september 2016 with first company till end of november and then on december my cafe was sold to another new company, after that i wasn't getting pay at all because waiting for my nomination..
on 12th of february 2017 my new nomination is approved and then on 12th february 2017 too i start getting pay from new company.
so how is it going?

when i would be eligible to apply 186 TRT.

The Abn has been changed but evrythngelse remain the same even my task and duty.

please some advise.

Yes , if you are working both company 17 month in total so , If you 457 visa same as last company then , the condition is if your workplace is same, your nominated position same, and your duities same , then it will count your time first and your second company as well so still you have to work 4 months more into current company ok then your are eligible for TRT 186 visa for PR. Ok only few agent know about but I have immigration menual which I can show you later.

don’ t worries ok

June 30, 2018

1 hour ago, Alveria said:

Hi! Thank you for your reply! Do you mind sharing your timeline and those who got their nomination together with you? Thank you!

I applied 10/5/17 . 186 RSMS de . Nomination and visa together.As cook nomination approved 5/09/17 with other employee Resturant Maneger and he got PR GRANTED. But still I am waiting for visa.

June 28, 2018

4 hours ago, Alveria said:

Hi everyone!

I was just wondering if a company has sponsored 2 employees on RSMS 187 visa (DE) but they applied at different times, say 3 - 6 months apart. Is it possible that both employees will receive their nomination at the same time?

Yes it happen with me

June 17, 2018

13 hours ago, sam777 said:

Yes... it used to show 21 to 23 months but it shows nothing now..

Bcoz of I suggest immigration by giving feed back just remove time frame bcoz you are giving fake hope to people so that why they remove. I do have copy of my suggested request to email if want see.

dont worries too much next year government will change ok hope for best to come .ok

June 15, 2018

15 minutes ago, Cippalippa said:

I hope your other friend applied for AAT... in this way he could prove that the refusal was unfair.

He all ready applied AAT BUT agent say case will take 1 years around.

June 15, 2018

Hi my friend today got 187 granted TRT stream ,as chef, he was on 457 then he applied 187 last year 24/05/17 . The case officer appointed 7/5/18 and ask company finance docs , including accountant letter, employer submitted 21/5/18 and finally , visa granted today.15/6/18. He is lucky

becoz same company other friend also applied 187 , TRT stream, on 10/1/17. But his nomination refused 12/5/18 the reason was company can not pay next two year so case officer stupid did not new doc of company and just open file and refused so it all depends on case officer and luck. Plz update if you or you friend got any news.

June 15, 2018

On 02/06/2018 at 15:05, Ce22 said:

Hi Nil,

Thank you very much for the info, in terms of responding to immigrations email ' invite to comment' do i ignore it and wait for the 28 days to end? Then appeal? Or do something different like write them a letter?

Will i definitely get a chance to lodge with AAT for my visa? Even if i do nothing in thiese current 28 days?

Also can i ask if you have been through this yourself or no people who have?

Sorry for the 101 questions! Stressing slightly

Listen you don’t have to comment to Immi in 28 days, even if they told to do, you can not lodge you AAT UNTIL your visa get refuse so , you visa will refuse it self after 28 days so if you comment or not your visa will refuse after 28 days ok if you want talk to me then give me your number ok one more way I will told you.

June 4, 2018

4 hours ago, evuri05 said:

Hi every one,

Can any one tell me, Do an offshore applicant have MRT or AAT rights to for his visa? because our cousin nomination was refused one month back and we applied for AAT and we got another letter of refusal of visa letter two days back and it says you don't have any visa review rights. My stupid immigration agent says you don't have visa review but you have nomination review only because your cousin is offshore. Is it right or it is immigration agent mistake?

Agent is right. If any body applied offshore then they no right for AAT ok

June 3, 2018

1 hour ago, Bhavin said:

Hi Guys

my MA has to say now a days rules changed for Offshore Visa application on Section 48,

he told me u can go offshore with BVB during the new visa application, but when u comeback to Australia, your visa application will be invalid automatically,

WHEN I ASKED ANOTHER 2 MA, they told can lodge New Visa application Offshore and can return to Australia, no problems,

so very hard to believe and trust any one, and I don’t know who are right and what will I need to do,

ur advice will be thankful,

Second MA right you can go offshore in bvb and apply new visa application and then come back on bvb to Australia. Don’t worry you can come back definitely ok

June 2, 2018

5 minutes ago, Ce22 said:

Hi Nil,

Thank you very much for the info, in terms of responding to immigrations email ' invite to comment' do i ignore it and wait for the 28 days to end? Then appeal? Or do something different like write them a letter?

Will i definitely get a chance to lodge with AAT for my visa? Even if i do nothing in thiese current 28 days?

Also can i ask if you have been through this yourself or no people who have?

Sorry for the 101 questions! Stressing slightly

Listen you don’t have to comment to Immi in 28 days, even if they told to do, you can not lodge you AAT UNTIL your visa get refuse so , you visa will refuse it self after 28 days so if you comment or not your visa will refuse after 28 days ok if you want talk to me then give me your number ok one more way I will told you.

June 2, 2018

5 minutes ago, Ce22 said:

Hi Nil,

Thank you very much for the info, in terms of responding to immigrations email ' invite to comment' do i ignore it and wait for the 28 days to end? Then appeal? Or do something different like write them a letter?

Will i definitely get a chance to lodge with AAT for my visa? Even if i do nothing in thiese current 28 days?

Also can i ask if you have been through this yourself or no people who have?

Sorry for the 101 questions! Stressing slightly

Listen you don’t have to comment to Immi in 28 days, even if they told to do, you can not lodge you AAT UNTIL your visa get refuse so , you visa will refuse it self after 28 days so if you comment or not your visa will refuse after 28 days ok if you want talk to me then give me your number ok one more way I will told you.

June 2, 2018

Just now, Bhavin said:

Hi So If I am on Briding Visa A , Of I want to apply any other visa then I need to go Offshore,

my Question is

I need to wait offshore till visa decision comes? Or

I can come back to Australia after new visa lodge?

Any advice will be appreciated,

If on A visa you can lodge any visa onshore but if had refusal past and you applied AAT AND bcoz of that you had bridging visa A then you can not apply any visa onshore bcoz section 48 will applied in your case . So you can go offshore on bridging visa B and you can come back after new visa application lodge ok

June 2, 2018

Just now, Bhavin said:

Hi So If I am on Briding Visa A , Of I want to apply any other visa then I need to go Offshore,

my Question is

I need to wait offshore till visa decision comes? Or

I can come back to Australia after new visa lodge?

Any advice will be appreciated,

If on A visa you can lodge any visa onshore but if had refusal past and you applied AAT AND bcoz of that you had bridging visa A then you can not apply any visa onshore bcoz section 48 will applied in your case . So you can go offshore on bridging visa B and you can come back after new visa application lodge ok

June 2, 2018

2 hours ago, Ce22 said:

Hi all,

In need of some advice please?

My nomination was refused on may 23rd. From here I have recieved a notice to comment which immigration has told me my options are to either withdraw my application (dont want to do that) or to not respond and then my visa will be cancelled 28 days after the 23rd of may.

My employer has lodged with the AAT.

If i do not respond im told i then receive another letter giving me 35 days to leave the country.

Can I not stay in the country whilst the appeal is on going?

Thanks guys

Hi, first you visa bridging A . It not call cancelled , it call cease , so if so not have any other visa then it will cease after 28 days of nomination refused, so, if your employer lodged AAT FOR nomination then , you also can lodge AAT FOR visa after 28 days, then you will again get BRIDGING VISA A, until AAT open for nomination so you can stay here until that time and can work. But then you can not apply any other visa onshore, you can go offshore and apply , but you need to get bridging visa B, to apply for out of country ok

you need more info plz ask thanks

May 26, 2018

2 hours ago, Mohammed said:

Hi, the company accountant has given me p&l statement stating financial statement for the year ended 30th June 2016. I am confused here. Please tell me this statement belongs to 2017 or not she said last year financial will be ready in this June. It's Financial statement is the p&l statement.

Thank you.

On the statement it say year 2016-17 then fine. This year will be 2017-18 you will get 1 July. So is you have 2016-17 then yes u can submit and also get accountant letter which say business can support next two year ok .

May 26, 2018

Once you apply then all documents after when new financial year finish then. P&l statements.

May 25, 2018

6 hours ago, khan.shany said:

Hy can anybody help me in this” one of my friend applied his 187 in august2016 and was working over there all the time now his employer want to change the location with same business name and abn . Do he need to apply new rcb or previous one will be ok for new location with same business name .his occupation is chef , rcb approved waiting from august2016 for nomination .thx

I am suggesting you should apply new Rcb is better. Because location is change. And submit once approved to immigration.

May 25, 2018

7 hours ago, Khanw said:

What is p and l statement?

Profit and loss statements or company balance sheet

May 25, 2018

7 hours ago, Legend said:

Did he apply Direct Entry or Transational streem

TRT

May 25, 2018

Today one of

my friend got nomination refused he applied 13/01/17 as cook.

after 457 visa worked with employer last 6 years and immigration said business can not afford him next two year more without any documents request by immigration just straight away just refused so sad and very bad. So plz guys everyone I am telling from experience plz

provide latest bas, p and l statement and your accountant letter which state business can afford you two year. Plz update before too let . Into you file.Thanks

May 24, 2018

13 hours ago, Synergy22 said:

Nothing to prove that his actions is for the benefit of Australia. This is inhuman behaviour and corruption at the highest level. How can you delay visa applications for up to 2 years, still went ahead to deny the visa and collect huge amount of dollars. Why not process the application as quick as possible, make decisions whether positive or negative so that people can move on with their life. They are collecting huge amount of money from the applicants to run their government but failed to grant visa and delays so that applicants can voluntarily withdraw their applications thereby allowing them to withhold the application fee which is huge. How much did they pay to be created in Australia and how long did it take their request to be processed. They are only good in processing temporary visa applications quick but failed to do so for permanent visa applications because of their hidden intentions.

You are right 100% but no one listens so we need to tell our citizens friends to change government next year and get greens or labour . May be it works brother or we have to jump in to politics one we get citizens so no one can suffer like us. Plz be redy in for future.

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Posts posted by Nil71

Employment with the same employer

Overview

Scenario 1 – one standard business sponsor, no other employers

Scenario 2 – sole standard business sponsor, but work undertaken with associated entities

Scenario 3 – more than one standard business sponsor