sydneyishuk

Hi all,

Last Friday received the date for my interview and test in Sydney - it is in a month's time  

Hi All,

Sorry if this question has already been answered - I did flick back a few pages... but no joy.

I need to send my UK passport off to be renewed (it expires in 6 months) this is likely to take some time to get the renewal due to delays with covid in the UK.  Just wondering if I am called for the interview/test and do not have my passport will it be an issue?

I do have ID documents such as NSW Drivers License and UK License, Birth Certificate, Medicare Card...

Can anyone confirm on this?

Thanks in advance  

On 21/05/2020 at 20:27, garrychandi said:

Hi Everyone,
I submitted my citizenship application today. When I click on messages it shows the following

The applicant has not agreed to receive electronic correspondence for this application.
Note: Electronic correspondence for this application is sent only if the applicant agreed to communicate via email in the application.

I read that need to attach form 1193, but not sure which section shall i upload this form. Thanks for your input

Hi,

Unsure if you got a response - attach the form under Form 1195 Identity declaration 

18 hours ago, Earlymegski said:

Hi everyone, I hope everyone is doing ok and that your visa apps continue during these Difficult  times.
I was looking for advice on 186 visa. Boyfriend’s previous employer In Melbourne has said he is willing to sponsor him on 186 but he’s never done it before. He’s a small construction business. Do you know how complicated it is for the sponsor and if we will need a migration agent , and if you used one do you have any recommendations?

thank you and good luck everyone 

Hi,

I would recommend using a migration agent.  We lodged a 186 application under my partner's small construction company and it the nomination application was rejected - even though the reason for rejection could easily be explained/resolved Immigration did not give the opportunity to ask for further information.  Just straight out rejection.  This caused us a lot of stress and expense.

Second time applying we used a migration agent, which was granted.  The company need to build a good, strong case for the nomination for PR it is a lot more complex then a temporary visa such as 457/482.

It is extra expense to use an agent but at least you have peace of mind that the application has been prepared properly and with experience.

Wish we engaged one the first time round, would of saved us a lot in hindsight.  

We have just applied for our citizenship this month.

Best of luck with the process!

9 hours ago, garrychandi said:

Hey mate, just wondering which council in Sydney ? i will be applying on 20th of this month and i am in Randwick

Hey,

I’m located in Randwick too 

Hi all,

New to the forum, applied just yesterday!  I know I am in for a long wait 

Has any one been called for test recently during Covid-19?  I am based in Sydney NSW.

Thanks!

On 05/11/2019 at 14:46, Jerita said:

Second point is totally wrong , They have to inform the government before the visa approval because visa is getting approved on the basis of your nomination. Once visa approved employer doesn’t have to inform it’s not a condition any more just for your information 

Sorry - How do you know if I am totally wrong? 

We have a migration agency working with our company as we sponsor a lot of people.

Part of the nomination application requires a ENS Declaration from the employer - stating that "Will provide full-time employment for the visa applicant for at least two years"

If there is any changes in the circumstances then it is rightful and should be necessary that the employer notify the department.  

Especially in the case where a nomination is successful and perhaps the application is still pending and the employer is no longer able to offer the position to the applicant - then obviously it is important for the employer to notify the department.

13 hours ago, Tapas said:

Hi Guys

Need one piece of info please. The nomination approval letter received by my employer has following clause:

What exactly does this mean? Does this mean that within 6 months (or earlier); my employer can nominate another employee without seeking nomination approval again? And if say they go ahead and nominate someone after 12 months; another nomination would be required to be filed?

Another Q: The letter also states that:

How exactly is this rule feasible? If say I leave the firm after 1 year or 3 years; employer shall need to inform Immigration about it? Or is this clause only applicable if the separation process is initiated by the employer (and not the employee)?

Hi Tapas,

Nominations are valid for 6 months > meaning that the employee being nominated must have their application in within 6 months (as you already applied doesn't really apply in your case)

In regards to the second question, the employer must notify the department if no longer offering position as in some cases circumstances change - eg business can no longer offer employment etc.  Also business makes a declaration as does the employee being nominated that they will remain in position for 2 years.  I guess if anything changes the department wants to be notified as technically the visa was granted on this criteria.

Nothing to worry about really, you should consult with migration agent on the same.

12 hours ago, emon_061 said:

Hi experts, 

I am a new member here. I want to recently how much it takes for 186 offshore nomination to be granted. I applied 15th May 2019 and lawyer said status showing "In progress" mode. Is that be changed in "Immigration lawyer assigned" like this in next phase. 

How that page look like, can anyone share the screenshot?

It will be very helpful.

Thanks.

Hi @emon_061

It is the same as onshore, although onshore may be given a priority to offshore. As per Home Affairs website current processing time frames;

186 Direct Entry Stream Processing Time

• 75% of applications: 15 months
• 90% of applications: 19 months

However these are just indicative.  Some recent grants have shown a little as 2 months, others months to 1 year or even 2 years.

You can create an immi account and import your application to keep an eye on it if you wish.  Simply to to https://online.immi.gov.au/lusc/login and click create ImmiAccount, fill out requested details and you will need your application reference too to complete the import.

@Jerita @Pradip12 @Sere

Hey, guys you've all applied <1 year so unsure why you are complaining about processing times - when you are still within them!

Don't know why complaining that September is very quiet, it is only 2nd business day.  And remember this forum represents a very small sample of the thousands/tens of thousand 186 applications.

Enjoy life and do not get obsessed with comparing your applications to other (those who have got approved within a few months), the more you worry less about this the happier you will be!!

Complaining in this forum is annoying and not helpful for anyone.  I know there are many still waiting from 2017 still and are not making half the noise or any noise compared to those have their applications in from 2019 end of 2018.

1 hour ago, Vee Shah said:

Hi all, I am new to this forum.

Applied for 186 under employer nomination on 11/05/2019. Case officer requested my broker certificate as evidence that I am working under the same field which I provided on 28/08/2019. My agent said that CO can respond in a day or with maximum time frame of 28 days. Does this mean if everything falls in place I will be granted my PR in 28 days simultaneously with ENS Nomination?

 

Occupation: Finance Broker NEC
State: VIC
Birth Country: INDIA
Stream: ENS TRT
Number of applicants: 2
ENS 186 Nomination applied: 13 May 2019 
Visa Application submitted: 13 May 2019
IMMI Status: Under process 
 

Hi @Vee Shah

28 days is not the maximum time frame - that is just the deadline you have to provide the additional docs/info requested.  As some n this forum are >28 days and still are waiting for CO to open application again.  Others however can be 28 days or less than 28 days.  Its really the case of "how long is a piece of string" 

Sometimes Nomination and Application are simultaneously approved - but not always the case.

5 minutes ago, Jerita said:

Hi Guys ,

In the Immi Account it says 12 months to 16 months waiting time . Is it for the specific cases or the overall timing?? Does it mean my application will take the same time .

Thanks

Copied from Home Affairs Wesbite:

Global visa processing times will be updated monthly, providing you with an indicative timeframe for processing applications. Processing times are available for the majority of visa subclasses products, but will exclude a few subclasses such as those closed to new entrants, subject to capping and queueing, or which have a low volume of applications. Two processing times are displayed in calendar days, indicating how long it is taking to finalise 75 and 90 per cent of applications submitted globally.

Processing times are impacted each month by changes in application volumes, seasonal peaks, complex cases, and incomplete applications. Processing times include applications lodged online and by paper. Where available, you should lodge your application online as it helps streamline processing arrangements.

-------

Hi Jerita,

Processing times are just indicative, as you can get an idea in this forum there is no pattern or definite way to answer your question.

- some are getting processed within 1 to a few months, other cases months to a year and other cases 2 years.

No one can advise which cases make it through quicker/slower.

Its just a waiting game and if I could give any advise it would be to put it to the back of your mind, stay positive and take each day as it comes.  The more people get caught up and obsessed with checking and getting impatience just makes you negative, impatient and stressed about it.

5 hours ago, NnN said:

Hi 

I applied 186trt nomination and visa file in Feb. 2019. Nomination is refused on 21st Aug and I got natural justice email to withdraw or wait for decision(which will be refusal).  My visa is not refused till now. 

I am very confused whether to apply AAT and apply new nomination once again and if it is approved than apply visa offshore. 

Or can we do at the moment because my visa is not refused so before getting refusal apply new nomination and visa again and than withdraw old file. 

What bridging visa I will get BVA OR BVC 

Hi NnN,

I have already advised on this, with nomination refusal talk to MA about your options as so complex especially because you are on a BV already.

1. You can reapply now - complete new Nomination and Application to submit.  However because you hold a BVA, you will be put on a BVC which has a no travel condition (you cannot leave Australia until a decision is made on your Visa).
2. You can Appeal to AAT - however this is lengthy process >1 year maybe 2 years.  However if the appeal is unsuccessful you will have a Section 48 bar on applying for another visa within Australia. Also your bridging visa, it will expire 28 days after the AAT decision.

If your employer is not appealing the Nomination Refusal then you should withdraw your visa application. 

As a refused visa application is something you need to claim when applying for other visas here in Australia or for visa overseas.

You would have received a notification of the nomination refusal, which will give you 28 days to comment/take action.  So if you are not appealing then on the 28th day you should withdraw your application.  This will then give you a further 21 days before you have to leave the country or re-submit a visa application.  However as I mentioned above as you are already on a BVA submitting a new visa application you will move to a Bridging Visa C.  And you will not be able to leave the country until the visa is approved.

Really Recommend engaging a MA/Lawyer time is of the essence in this situation.

1 hour ago, Jerita said:

It was my lawyer who said that if you went  overseas using your leaves will not be counted toward two years . It doesn’t matter with taking leaves if you stay in Australia. I am not sure about paid and Unpaid 

This is definitely not true!!

It is only unpaid leave that is not counted.

I have been overseas each year no issues.

2 hours ago, Sere said:

Question 

the case officer asked for some documents 

my immigration agent collect them allBut he told me that the boss send him by post the bank statements because they are too many pages 

so how my immigration agent will send this documents to the case officer?by post too?

thanks 

The best way is to upload to the application online as done real time.

your case officer could scan the bank statements and attach as supporting documents.

Heard of people posting too (in this forum re police certificates), but online is quicker and more reliable.

32 minutes ago, Jerita said:

I was on 457 and took my leave as normal, but when you go overseas it will be affecting your application applying timings . If in three years you went twice for two weeks so these 14 days will not be counted in your two years or three  years experience.

Hi,

O that is understandable, well yes listen to your MA - you do not want your visa to be put in jeopardy!! 

If those extra few weeks is critical to your years experience needed then wait until you have that under your belt before going on leave.

I am pretty sure though that you need to have those 2/3 years experience at the time of applying - not during the waiting period for visa grant - best out check that out too.

31 minutes ago, Bips22 said:

Hi , 

Can anyone help me out here ? I am on 457 visa since 2016. Now after three long years, I have applied to take one and a half months leave to go overseas.  Took no leave before this.

And please  see my timeline below, what all I went through !!  

My Migration agent  is suggesting not to take the leave.  

Please suggest am I at wrong? Considering, God knows, how more long will it take to open my case. I desperately need a leave. 

Appreciate replies. 

Thanks in advance.

Hi Bips,

Can you provide a bit more information, why is your Migration agent suggesting not to take the leave?

You are entitled to take your annual leave if you have it and if it has been approved by your employer.

6 minutes ago, Samrani said:

Hello hassy,

have you provided the requested document? How’s you going with your file processing? Bcoz I am on same page right now. I don’t know what to do and how to do.

Hi Samrani,

Unsure if you will get a response from Hassy as they have not posted back since 2017.

You can get your Superannuation Statement which will show all employer contributions.  

1 hour ago, fifi186 said:

@HexThe reason I asked was because my nomination was approved just after 2 months (applied in Feb, approved in April). I have not lodged the application yet as I have 6 months to do so. Just not sure if it really takes 10-15 months after visa lodgement to be approved and if its worth paying a whole lot of money again for the whole family's visa application fees

Hi Fifi186

No one can advise on the processing time to be honest, it is a chance you just have to take.

processing times are just estimated and as you can see some visas are getting processed very quickly within 1-2 months, others >1 year or even 2.

There is no rule of thumb.

10 hours ago, Mohammed said:

Hello guys, I have one question how old the business should be to sponsor for 186 visa. If the restaurant is new only few months old still they can sponsor for 186 visa. 

Please give some information on this. 

Thank you. 

Hi Mohammed,

The business can be less than 1 year old.  However the nomination application will need to give a strong business case.

If your business has operated for less than 12 months, also provide:

• business activity statements (BAS) for each complete quarter from the start of operations to the time you lodge the nomination, and
• statements for the business bank account from the start of operations to the time you lodge the nomination.

Demonstrating that there is a genuine need for you as employee will need to be shown - there has been a lot of refusals lately because of this.

I would recommend using a Migration Agent - especially for the Business Nomination application.

@Sere This is not a bad sign, the above information is required for the Nomination part, it shows that the company is Established and operating lawfully.  Also shows the Company's financial position etc.

It is a good sign that your application has been picked up from the department.

The above information is usually asked for from the Company's side, as need to show that they are operating lawfully in Australia - paying Tax, Super etc so key supporting evidence on the Company.

Yes letter from Accountant is required, however that is different to the annual report.  Annual Business Report is financial reporting - your Company should produce these each Financial Year as an Australian Listed Company.

On 23/08/2019 at 17:13, NnN said:

@sydneyishukcan you please explain in detail what was the option please. It might can Help Me too.

Hi NnN,

I already have explained in 2 posts to you....

I would suggest consulting with a Migration Agent / Lawyer as it can be complex.

Here are some options

1. Withdraw your application and Re-apply.  This will mean a new Nomination and Application. If you re-apply you will be on a Bridging visa C - which will have a no travel restriction.  Meaning you have to stay within Australia until your Visa is granted.

2. Employer Nomination Appeal to AAT and You also apply to AAT.  However (I am not 100% sure on this) I believe if the appeal is unsuccessful you will have a Section 48 bar on applying for another visa within Australia.

If your employer is not appealing the Nomination Refusal then you should withdraw your visa application. 

As a refused visa application is something you need to claim when applying for other visas here in Australia or for visa overseas.

You would have received a notification of the nomination refusal, which will give you 28 days to comment/take action.  So if you are not appealing then on the 28th day you should withdraw your application.  This will then give you a further 21 days before you have to leave the country or re-submit a visa application.  However as I mentioned above as you are already on a BVA submitting a new visa application you will move to a Bridging Visa C.  And you will not be able to leave the country until the visa is approved.

Again as mentioned above it is very important to talk to a Migration Agent / Lawyer to weigh out your options and best chances.

44 minutes ago, mes said:

As others mentioned, you should get MA to help you but I was in similar situation so let me give you some hint (but I am not MA).

You can't apply 186 again because you are on bridging visa now. You can apply for 186 only if you are currently sponsored.

 

Your options:

Appeal: Your employer appeal nomination refusal and you appeal application refusal (each is I think $1750). This way you will stay on bridging visa and if your employer is able to prove genuine need (that mean that decision was incorrect), it should be ok. BUT it takes forever for AAT to open your case, currently probably around 1.5-2 years.

New 186 application: Your employer has to sponsor you again on 482 visa (same occupation you had on 457). Once you are sponsored again, you can send new 186 nomination and application straight away (you don't have to wait 2 years again).

 

But again, I am not MA but only talking from my own experience (and my case might have been bit different)

Not true!

You can re-apply!!! I know because me and my partner where in the same situation.  We had our 186 Nomination refused.  My partners 457 had expired.  We had the option to re-apply.

3 minutes ago, NnN said:

I am on bridging visa A At the moment. I was on 457 when I applied but my 457 is finished now. Nomination is refused on 20th August. I have not got any decision on my visa file. 

Hi NnN,

Further to my advice above.

If your employer is not appealing the Nomination Refusal then you should withdraw your visa application. 

As a refused visa application is something you need to claim when applying for other visas here in Australia or for visa overseas.

You would have received a notification of the nomination refusal, which will give you 28 days to comment/take action.  So if you are not appealing then on the 28th day you should withdraw your application.  This will then give you a further 21 days before you have to leave the country or re-submit a visa application.  However as I mentioned above as you are already on a BVA submitting a new visa application you will move to a Bridging Visa C.  And you will not be able to leave the country until the visa is approved.

Again as mentioned above it is very important to talk to a Migration Agent / Lawyer to weigh out your options and best chances.

Good luck and keep us updated.

25 minutes ago, NnN said:

Hi all

I am new to this forum.  My concern is  that I am on bridging visa A as I applied 186 TRT nomination and visa in Feb 2019. On August 20 nomination got refused and my employer have 21 days to apply AAT.  I received letter from department to withdraw or to wait to get my visa refusal so I can apply AAT after refusal.  I don't know what to do? What options I have?  Is this possible that I can reapply my nomination from same employer and also apply new visa file and withdraw my old visa file while I am on bridging visa. PLZ SUGGEST ME. 

Hi NnN,

I would suggest consulting with a Migration Agent / Lawyer as it can be complex.

Is your Employer going to Appeal?  What was the reason behind the refusal?

Here are some options

1. Withdraw your application and Re-apply.  This will mean a new Nomination and Application. If you re-apply you will be on a Bridging visa C - which will have a no travel restriction.  Meaning you have to stay within Australia until your Visa is granted.

2. Employer Nomination Appeal to AAT and You also apply to AAT.  However (I am not 100% sure on this) I believe if the appeal is unsuccessful you will have a Section 48 bar on applying for another visa within Australia.