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On 18/02/2019 at 08:11, Raul Senise said:

The current extremely long processing times for employer driven PR (186/187) are in my opinion very unfair as:

• They do not cater to natural changes in business structure, such as sale of a business;
   
• They punish the visa applicant for issues which are completely beyond their control, such as the financial stability of the business, the sale of the business, the insufficient training of staff or bad business practice by the owners;

Some media attention highlighting the unfairness of the process would be welcome, but unlikely to materialise.

 

Exactly. 

The extremely long processing time for the visa is making all the applicant facing high risk. Plus the refuse rate is very high at the moment. The applicants are not under a fair go. 

The applicants are the only ones to lose.

22 hours ago, Madhav said:

Immigration system is unfair, my 186 visa was refused in 2015 March but my colleague got approved by same employer, same documents, same balance sheet. 2 things were different my colleague was from UK and his case was processed in Perth and mine was in NSW.
They approved his nomination & refuse mine.

That is sick.    I am sorry that happened to you.  

The system is so broken. 

23 minutes ago, VERYSTORMY said:

In think the biggest thing your case highlights is that anyone who goes on a temporary visa, must understand the chances are they are going home at some point, whether at the end of the visa or earlier. 

Businesses close / go bust and people are made redundant. The visa conditions of a temp visa are well known

3

I was not on a temp visa. I was on a bridging.  My point is the longer the visa processing takes the higher risk the applicant is facing. As we all know the processing time raise to 2 years at the moment and it was 3-4 months 3 years ago. 

I will only stay in Australia legally and I prepared to return. However, this system is not fair. The company can shut down without notice, and refuse to pay off redundancy.  The employees are the only ones to suffer.   I am clear that what I am doing is not helpful for my application. But I wish to voice for myself. 

Hi  everyone,  

I am posting this to gather people who under sponsor by their employer for 187/186 visa,  but soon experienced unfair dismissal, redundancy and business closed down during visa procession.

First of all, I would like to share my personal experience here. please click the report from SBS, link

I have done nothing wrong but will soon have to leave this country without entitlement paid(13k). I turned to FEG for help, however, since I am not a citizen, I would not able to claim any entitlement guarantee from the government. I did try appeal to AAT, but, without a nomination approval, the decision of visa refusal is affirmed.

I believe long processing time of visa, and shifty business and the immigration system failed us.  I have spoken to an officer of United Voice, and a journalist is interested in my story and who is in a similar situation to me, who are waiting to maybe to leave the country because sponsor visas have not worked out.  The Union and the journalist want to know the extent that this is happening. 

If you would like to voice for yourself, please leave a comment below. (you don't have to be named,  can stay anonymous). 

Thank you. 

On 17/11/2018 at 22:18, Deep1984 said:

I reply from immigration related to ministerial intervention review. They refused my visa old ens 186 visa because I applied new application. In August. I applied for ministerial intervention review in June 2018 and got result in Nov. They not going to review old decision like refusal nomination.

How long have you waited for the anwer from the immigraton department? 

Additionally,  

if 3 years full-time experience is needed to gain a positive outcome of skill-assessment. Then, whoever passes the skill-assessment could opt to 189/190 visa. Who gonna apply for 482 visa which is a tempory visa and no pathway to PR in short-term list occupation.   Or alternatively, 187 RSMS visa. 

I am posting this on behalf of my husband, who is a pastry chef & Baker. 

His employer is happy to offer him sponsorship, however, we get confused by the experience requirement. 

His employer consulted an MA,  she says,  the visa requirement for TSS is 2 years full-time (or equivalent part-time), BUT,  chef/cook occupation needs 3 years full-time experience to gain a positive skill assessment. 

Is that true?  Can anyone explain further for skill assessment for us, please? 

19 hours ago, Mano@187 said:

Expect in next couple of months. 

I’ve been told by my MA saying the process will take up to 2-3 years (?). I wonder if the department will tell you whether you are eligible for ministerial interview in 6 months time (?) and the case reach to minister will take up to 2-3 years?  I am confused. 

9 hours ago, Suel21 said:

I am trying to read your story but I can’t, why did they reject your visa? It was your vida or your nomination rejected? Also what is the criteria to successfully nomination outcome? Ayayay it’s sooo hard! So many dreams and time and money, all crashed to the paviment like nothing. So sorry about your situation, please keep us updated.

the department refused the nomination due to the fact that the company was no longer in operation, it went into voluntary administration. Without a granted nomination, the visa won't be approved. So i  got both nomination and visa refusal.

1 hour ago, Mano@187 said:

It's very tough decision. You do have a good case but if decision is unchanged you might have to go overseas to apply for the next visa . Hopefully you don't get BVE when you apply for ministerial intervention. If you avoid getting BVE then you will be fine to live in Australia and apply further visas if eligible.

 

Do you think i have a good case?  But in my case there is no compassion reason and my employer is gone. Does the minister will consider as their slow processing have a bad impact on my case or just blame i have bad luck?  I hardly think the minister will grant a permanent residency as my employer is no longer exist.  

How can i avoid BVE ? According to the Immi website, the applicant seeking ministerial intervention will be granted a BVE (it could be no work right as well). I am really worry about no travel and no further application onshore. 

On 15/10/2018 at 06:35, Mano@187 said:

You can apply for another visa but you probably have to be offshore .

Better consult with a Good migration lawyer before proceeding.

I did have a agent who work along with me from day 1. 

She strongly suggest go fo intervention not TSS visa.  Should i go? 

No. I am afraid not. That’s the very first step

2 hours ago, ring3018 said:

Are you a chef? I think that Tss 482 for Chef will lead to Pr eventually 

Yes i am. But even though i am a chef de partie i will still be nominate as a cook rather than a chef. Cause chef normally refers to headchef or above who is in a management role. 

On 12/10/2018 at 07:00, Raul Senise said:

As I do not know all the facts of your case, I cannot give specific advice. Your Agent would be best placed to advise of your specific matter.

I was referring to you being aware of the BVE situation and limited or no options afterwards if Ministerial Intervention fails. Your post makes it clear that you are aware.

Compassionate reasons are not the only reasons for seeking intervention. Intervention can also be sought in "Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case."

Your choice will depend somewhat on whether any other options are available.

I don't have many options that lead directly to PR.  But my husband's employer is happy to sponsor him a TSS 482 visa. 

So I was happy to give TSS a go as we can avoid BVE but the thing is it wont lead to residency. We have to opt for another visa eventually.

On 11/10/2018 at 00:56, Mano@187 said:

I am not very confident too . Usually minister don't intervene in most of the cases . So end of the day decision is still unchanged. There is no doubt you worked hard to get to the big decision but chances are not too bright with the ministerial intervention. 

I think for ministerial intervention you only have to wait about six months.

You can try your luck with ministerial intervention but you should have other plans too in case decision does not come in your favour. Best of luck.

Yes i do agreed with you. The chances of getting intervented is too low. Majority of the case won’t reach to the minister. 

I would rather not to take the risk from my own perspective. But my MA says i have a good case and it worth a try. So make it even harder to make a decision whether or not i should give it a go. 

17 hours ago, Raul Senise said:

Before you seek Ministerial Intervention, it's important that you aware of all of the consequences associated with going down this path and the very low success rate with the current Minister.

Discuss in detail with your MA before proceeding.

Yes I do dicuss with my MA quite a few times. 

I said there’re no compassion reasons in our case (apart from the misery i went through) that will possibly attract the minister’s concern. As i am healthy, skilled, educated, able to pay my bills and being sent back to my home country will not kill me etc. Plus, being in BVE is not a thing that i would like to choose to. No further visa application when processing my case is my another concern. 

However, my MA’s perspective is it is not about compassion, is about legislative fairness and long processing time of the visa fail me. As i never broken any visa conditions she stands i have a good case.  So she suggests me seek ministerial intervention. 

It is hard for me to make a decision now. Should i take her expertise or follow my own preferences? 

Hi everyone. 

As my story above, my MA suggest me to seek ministerial intervention as the legislation and long processing time fail me twice. And she believes this is an unfair process. 

I am not very confident with the intervention, what if I wait for 2 years, and the minister refused to intervene?  I would like to know what you guys think. Thank you

10 minutes ago, 420dream said:

Hi, eccc i am sorry for your loss. Do you take any further steps like applying for AAT, or you just withdraw the visa?

Since my original employer is not in operation, therefore, I don't have a right to appeal for my nomination.    Only thing I can do is, wait for visa refusal and appeal for the visa, which I know it has zero chance to win, but buy me some time and I might seek another way out

15 minutes ago, 420dream said:

Hi, do anyone have any information about what is going to happen if business structure change with the change of abn number, whilst trading store name and owner are the same. any sight? Thanks.

It happened to me. My situation is the restaurant had been sold from one company to another,  the trading name stayed the same, and the store remained open throughout the whole visa process. However, I received a nomination refusal at the end. Because the employer (the original company with old ABN) cannot guarantee 2 years ongoing position.

However, if it's not a selling process, it may just change the structure, you may still have a chance.  The department will give your company a chance to explain what is going on, if your new employer (new ABN) can prove that they're willing to continue your contract for further 2 years, it may work out for you. 

Congrats!!

21 minutes ago, kerry knight said:

My husband sat the Cook skills assessment and found it really easy if that helps?

Cook skill assessment is easy? However, not many states are open to Cook occupation.  I live in ACT, I knew before ACT is open to Cook if you have lived in ACT for a year, but no any more.  Now if you are looking for a state sponsorship in ACT, you have to have Chef skills assessed. 

Just now, ring3018 said:

Better than 187 I assure you

However, I've been told passing the skill assessment as Chef can be very tough. 

Did have experiences of skill assessment for 489/190 ?

15 hours ago, Mano@187 said:

Hopefully you will find something easier and finally win

Thank you.  

On 23/09/2018 at 15:29, ring3018 said:

I’m so sorry for that. My friend he works at the same Jamie Oliver’s place as you as a chef in Canberra and got refused as well, same reason 

if you have experiences and qualification. I would suggest to apply for 489 or 190, less risky than 187

489 and 190 it could be a way. however, I never did the skill assessment, therefore I need another visa to stay here to finish it. 

Engaging in another visa means more money, more time ……   very frustrating and disappointing 

Thank for your suggestion anyway 

489 and 190 it could be a way. however, I never did the skill assessment, therefore I need another visa to stay here to finish it. 

Engaging in another visa means more money, more time ……   very frustrating and disappointing