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Legend

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Posts posted by Legend

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    56 minutes ago, Pipp said:

    Hi Legend,

    Yes they did:

    BAS, Profit & Loss 2017 & 2018 (2017 has already been submitted)

    Employee List & their pay summary’s 

    Balance Sheet

    Proof of need for an employee, (previously submitted) 

    Events & Event Budgets for the next 12 months

    Did you update your nomination file recently I mean within last 3- 4 months?

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    16 minutes ago, Jaderia said:

    Immi requested my upadated medical today. 

    Nomination approved 9/7/18 

    requested updated police checks and my partners medical but not mine. All sent back on 19/7/18.  Then today request my medical again. Why not request it all together! 

    Now another long wait no doubt 

    When did u apply mate ?? What is your occupation. If you don't mind please share with us .

    Thanks

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    6 hours ago, Raj Singh Kansal0559 said:

    Hi guys . I am silent follower . Sorry for bad news. Nomination refused . 

    Retail manager. Being working for last 2 years full time , there still refused.

    Reason that company can’t pay be for next 2 years.  But already been working there 2 years almost 2 years. No document asked . 

    Everything was up to date. Company is on profit to. It’s very upsetting. 

    Would you mind to tell uS how many employee is working there including full time and part time. Sorry to here the news.

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    2 minutes ago, Sharma said:

    Hi guys. I have been following this group since 2016. I dont have any good news but heaps of bad news.

    I have applied for rsms in feb 2017. They send me nomination refusal yesterday. Very upsetting. My employer wants to do appeal Aat. As they stated that there no genuine need of position. 

    I m not sure whats going to come up. I will keep you guys updated. Thanks.

     Sorry to here that new mate !! Did u apply Direct entry ? Would you mind to share your occupation and Turnover and employee number .

    Thanks

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    17 minutes ago, Manish9001 said:

    Once the nomination file is opened n we submit all the documents they asked for££
    What u think how long they gonna take time to give resultemoji106.pngemoji106.png
    Thank$$$$$

    Did they ask from you anything ? Would u mind to share when you applied for your visa and nomination

    Thanks in Advance 

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted · Edited by Legend

    1 hour ago, Tejsidhu said:

    Hi everyone, sorry to spread the bad news but my nomination got refused yesterday with the reason being “ no genuine need”.

    applied 13/12/16

    refused 6/8/18

    office manager

    QLD

    All the financial documents and full time work pay slips were up-to-date but case officer rejected it straight away without asking anything.

    Never been this sad in my life ?.

    Sorry to hear that bro!! .May I ask how many employees (Full time and part time) are there?  What is the turnover? It would be appropriated if you share those info. 

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    22 minutes ago, Nil71 said:

    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.

    May I know how many stuffs the resturant has. How much is the turnover.

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    46 minutes ago, Deza said:

    HI, Guys need your suggestion. 

    Applied RCB, VISA, Nom 03 June 2016. 

    file open 13 June 2018, request docs, submitted on 03 july.

    Further docs requested 18 July, AFP, Medical, Paying for visa form. Everything is ready to go by 03/08/2018.

    Nomination approved today 02/08/2018. 

    Now............

    when i applied for 187 i was single. 

    in January 2018 I got married, I didn't add my wife in my application. However, add her as a dependent.  When i got married my agent suggested me don't add your wife in application yet as things are very rough/tough and wait until nomination approved then we will apply for her visa. 

    on 18th when case officer asked for AFP and Medic etc. she asked for the marriage certificate AND asked whether i want to add my wife in the application or not. 

    SO MY QUESTION IS SHOULD i add my wife in my application now OR SHOULD I wait for my PR first then apply for her visa. 

    i am sure as soon as i submit final requested docs, in next 2,3 days i will get my PR. 

    and if i apply now for wife visa how long it will take for PR. 

    Thanks 

     

     

     

     

    Would you mind to share us what are the docs they asked from you. How many  stuffs in your working place and the turnover.

    Thanks

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    59 minutes ago, ManniSingh said:

    Hi guys need your help. I medical is already expired and planing to redone it again before they pick up my file. I booked my medical again 

    and at the doctor office they can able to access to Hap Id because they said it been done before. 

    On my immigration account it shows 

    All health examinations required for the specified visa subclass have been finalised. Processing of this person's visa application can now continue. This will not occur until a case officer investigates the case in line with published processing times for the visa that has been applied for. Do not contact the department about health examinations in the meantime.

    Can any one plz advise how can i can redone my medical again.

    Thx for help in advance.  

    Don't do it unless immi ask for it

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    39 minutes ago, 187 DE said:

    I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. 

    Cheers

    What about staying at the regional area for 2 years? Do we still need to stay there?

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    29 minutes ago, 187 DE said:

    I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. 

    Cheers

    That's a great news for us

    • Like 1

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    1 hour ago, Deza said:

    Hi Legend, 

    i had the same scenario. I applied on 3rd June 2016, my employer sold the business in Oct 2017. I was worried but my agent told me that ABN and BUSINESS NAME  shouldn't be changed.  and if new owner changes the business name then he needs to apply for new ABN as well. and as soon as ABN change your application will be gone. doesn't matter how strong the business is. so new owner didn't change the name so the ABN. 

    Immi opened my file on 13 June 2018 after 24 months and 13 days and they only ask for new Org chart, Job description and any other support letter which I can provide to back up my position. so I submit requested doc with total new staff and owner and chain of command etc on 3 July. 18 July they ask for medical and AFP. 

    So my agent then explained to me, it's the business name who sponsor you not the owner. doesn't matter if owner sold the business or leave the business. as long as ABN and business name is the same when you applied until they opened the file. 

    so this is my exact scenario. 

    Hope it will clarify every thing. 

    Thank you

    Thanks mate!! I understand what you want to say. But my situation is my owner is selling the business, not the company. The new owner may change the business name and put the business under his company name. But my owner assured me that they not gonna close the company and ABN as well. Can you please enlighten me according to this situation .

    Thanks

    187 Visa Processing Time

    in Working and Skilled Visas

    Posted

    10 hours ago, Nil71 said:

    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:

    1. 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.
    2. 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-4578107 condition).
    3. 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.
    -- 
     

    Thank you mate! I just read the whole things. It s very informative whereas most of us didn't know about that. But the whole thing is about 457 and Transition steam. I applied for 187 DE. 

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