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Alexander

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  1. Alexander

    187 Visa Processing Time

    My wife and I finally got the golden email. 187 approved in less than 2 months. Hopefully things are speeding up for everyone there too I'll say as a peice of advice to anyone out there, work with a good migration agent, although the costs may seem excesive, it's worth the assurance of knowing you have a good case. Wife's Occupation: Restaurant Manager - Byron Bay, NSW Nationality - USA Migration Agent: Troy Migration - Robina QLD Here's our overall timeline from moving to Oz. Nov 2015 462 Work & Holiday Visa October 2016 500 Student Visa - Advanced Diploma Hospitality Management January 2018 187 Visa (pre March 2018 changes) - January 2019 - Business Transferred Owners/ABN changed - needed an alternative pathway to residency with new business March 10 2019 - Applied for 482 Visa TSS - Restaurant Manager March 17 2019 - 482 Nomination/Application Approved May 2019 - 187 Application Withdrawn August 2019 - Started process of new 187 Application/ RCB advertising September 9th - RCB Sumitted October 23 2019 - RCB Approved October 31 2019 - 187 Nomination/Application Submitted November 14 2019 - Nomation Approved - no requested documents November 15 2019 - Application Requires More Information - Medical/ Police Clearance November 29 2019 - All Requested Documentation Submitted December 20 2019 - Application Approved! Best of luck to everyone still out there waiting!! Stay positive and happy holidays
  2. Alexander

    187 Sponsor Selling Business

    Hey there, Sorry for no reply, don't receive notifactions in my email when theres a response. So long story short. We withdrew the 187 app. A migratin agent recommended to apply for a 482 before doing so. This way we could avoid a Bridging Visa C and be on a substantive visa. The 482 was approved very quickly (7 days). we aren't sure to why. But that's what we are on now. About 1 month into being on the 482, the original 187 nominatino was refused. We got a hold of their reasoning, which was not a genuine need for the position. Definitely appealable, but not in our case with the restaurant under a new ABN. We didn't request a refund and just cut our loses. Now we are intending to reapply with a new 187 in october before the November 2019 come into effect and the 187 visa closes. Quite a process!
  3. Hello, Would appreciate a second opinion here as I’ve done my research and got an opinion from our current migration agent (who surprised us during our meeting last week when they were completely unaware of the closure of the 187 visa and replacement with the 494 in November) https://www.legislation.gov.au/Details/F2019L00578/Explanatory Statement/Text Quick Backstory: Currently on a 482 Visa which was approved immediately (7 days time) for a Restaurant Manager in Regional NSW. Back in Feb 2018 we applied for a 187 DE however that was withdrawn at the same time as getting the 482 in March 2019 due to the fact that original business sold to new owners and a new ABN making it no longer a valid 187 nomination. The 482 was a means to get us on a substantive visa to then reapply for a new 187 to get back on the path to PR. Questions: 1) Can someone please confirm that Cafe or Restaurant manager (141111) is no longer an eligible occupation for a 186 Visa Direct Entry or TRT? 2) Since the 187 is ending in November can someone please confirm that a second 482 visa application in 2021, to get to the required 3 years with employer, to then apply for a 187 TRT or 186 TRT is no longer an option due to the closure of the 187 and the fact that Restaurant Manager is not on the list of eligible occupations for the 186? 3) With the upcoming ending of the 187 visa we are looking to launch a new nomination/application before November 16 2019. My partner will in October 2019 have 3 years full-time experience as a restaurant manager (along with an Australian Advanced Diploma). In regards to the RCB application we are familiar with the approval process from last go around, the labour market testing, and the processing time with our local RCB (up to 12 weeks currently). Our plan is for the business to start advertising in July for 3 weeks. So that in August the RCB application can be submitted and processed within the 12 weeks time prior to the cutoff November 16 2019 date. This is where a second opinion would be greatly appreciated… Does my partner need to have those 3 years experience when the RCB application form is submitted for processing with the local regional office? Our agent believes that while we can begin to do the Labour Market Testing now, we should not submit the application with the Regional RCB office until October when my partner has 3 years experience. This means that the RCB will most likely not have made a decision before the Nov 16th date and the Nomination/ Application will need to be submitted prior to an answer from the Regional Office. and then that RCB answer subsquently added to the application once the RCB office issues their decision. After calling the RCB directly, their office explained that their RCB application process is only concerned with the business meeting the labour market testing, the fact if the position meets the minimum required Australian entitlements, and if the position can or cannot be filled by a local qualified resident/citizen. Their office made it clear they are not interested in the applicant’s experience or qualifications and that criteria is strictly up to the department of home affairs. Their office expressed it would certainly be in our interest to submit an RCB application with at least 12 weeks prior to the November 16 changes, as their offices will continue to process and issue decisions after that time, however it is unclear whether the department of home affairs will consider valid any RCB decisions issued after November 16. Any opinoins on this? Our Migration Agent disagrees with all of the RCB's statement. And believes that a department Case Officer could eventually deny the application due to the fact that RCB application was submitted prior to the applicants 3 years experience. Is this a possilbity? Any 2nd opinions or confirmation on these matters would put my partner and I a bit at ease. I trust our current migration agent has our best intersets at heart, but at this point my partner and I are looking to get back on a path to PR as quickly as possilbe and with legislation constantly changing things are becoming more and more uncertain especially for Restaurant Managers.
  4. That's not a bad idea, but still taking a risk as august is still over 3 months away. In our circumstance our Migration agent was worried about having two open applications with different ABN's. Our initial plan was to withdraw the 1st 187 once the new 482 was lodged. The migration agent believed that making genuine applications is in your best interest with Department of Immigration, when something not genuine takes place (i.e. withholding from the department that your sponsoring ABN is no longer in existence), they can hold that against you in the future. And it's sounds like nowadays the Deparment is trying to hold anything against any application. So that was the plan, but once we launched the 482 nom/app I was away for the week and intended to officially withdraw when we returned. And in literally 7 days the 482 nomination/application was approved. Even more interesting was the fact that since we had medicare under the pending 187 application we fulfilled the health care coverage requirement. So I left the original 187 application running, even though I know it could never be approved. Fast forward a month from approval of the 482 (about 13 months since the initial 187 application) the original 187 nomination was picked up by a CO and refused. I'm actually glad we waited because the refusal outlined details of why the nomination was rejected. And this may prove helpful for our subsequent nomination later this year. I'm curious if the nomination was picked up since maybe the system flagged the approved 482 and a pending 187 as this was only half way through the global processing times of 187. We'll never, know. My only advice is just be careful with the bridging visa C as you'll need to put an application in for work rights once it's that visa kicks in. And make sure to withdraw that original 187 application once the nomination is refused (you get 28 days). Having a REFUSED visa on your record is something the Department can definitely hold against you for future applications.
  5. My wife and I, from the States, have just gone through the same situation as you and yes it’s extremely unfortunate regarding the laws not being able to transfer an ABN on a 187. Actually applied the same time as you. She is a restaurant manager who’s sponsoring employer sold is and now has new ABN. i wouldn’t recommend going on a bridging visa C as you will loose work rights (which you can apply for an exemption for) and you can not leave the country. With 2 years processing times that’s along time to be stuck. So what we did by the advice of our migration agent is this: while still on the BVA for the original 187, the new employer submitted a 482 nomination TSS. The nomination/application was actually approved in 7 days. Not sure if we were lucky or what, but the agent was surprised how quickly it processed as well. In October this year we will apply all over again for a new 187 before the laws change and it is completely abolished. the upside to this route is now we have a substantive visa that gives us work rights and ability to stay and travel in and out for the next two years while completely avoiding a bridging visa C. the reason we are waiting for October is that is when my wife has 3 years full time experience, which wasn’t required when we applied for our initial 187 application. again, it’s unfortunate but I guess it’s the price to pay to live in Australia. good luck
  6. Hello everybody, First time posting here and wondering if anyone has experienced a similar situation. My partner and I are currently on a BVA for a DE 187 application which we applied for in February this year. However, the sponsoring Business is listing the business for sale. We’re not sure how soon it will sell and if it will keep the same ABN, but obviously, we are concerned. My partner (main applicant) has been approached by a different restaurant that is willing to sponsor her and start a new nomination for the same position as a restaurant manager. After speaking with the Department, I was informed that two nominations can be lodged at the same time, however, as an applicant it can be tricky, as the 2nd employer would need to have completed the required advertising, received RCB approval and lodged a nomination before we could withdraw the 1st application and apply for the new application. What mainly concerns us, is that if we were to apply for the new application on our current BVA we would be placed on a BVC. This is what is uncharted territory for me, as we would want to avoid going on a Bridging Visa C due to work rights (which can be appealed) but most importantly the family hardship of not being able to leave the country for almost 2 years while waiting for a decision on the new application. I think a workaround would be to apply for a tourist visa after withdrawing the initial 187 application and before applying for the new 187, but then we run the risk of receiving a No Further Stay condition on that 600 visa. After explaining our situation to an agent at the DHA, he suggested contacting nsw.pse@border.gov.au and request priority processing for the initial 187. He said don't mention the business being for sale, but have a reason to request the priority processing. That seems like a long shot to me, and I wouldn't even know where to begin. It all seems a bit too overwhelming, and while hiring a migration agent would be the next step, is it really worth it when 75% of DE applications are getting denied? Also, does anyone have any experience with requesting a refund (form 1424) because of a situation out of the applicant's control, such as the nominating business selling? Any words of wisdom would be appreciated. Cheers, Alexander
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