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Found 60 results

  1. Hi guys. I'm on a 457 (which expires Jan 2018), and my employer and I submitted our 186 application in July. I would just like to know what options are open to me should either part of the application be refused (either my employer's sponsorship or my application)? There are a few questions regarding whether immigration will be satisfied that we meet the training requirement, as a lot of our training is provided free by our vendors, although as they are worldwide, we do incur significant travel expenditure to attend (greater than 1% of payroll) which I know can be counted towards the benchmark. If however we're refused, what are my options? I only have about 6 weeks left on my 457 before the Bridging Visa kicks in. Can I appeal against a refusal? What about other types of visa? Can I get a study visa and go to uni instead? What options are there which mean I can stay here? I just can't bear the thought of having to leave my partner and family here in Australia and go back to the UK - I've been here for 3+ years and built a life here :-( Any help/advice would be greatly appreciated. Thanks Neil PS: Owing to age and education I can't reach enough points to qualify for a 189 visa, so that's not an option
  2. seanm87

    Refused 189 visa can i re apply

    I have been refused a 189 visa. Even though i have a skills assessment as i didn't have it through before i submitted my application i have been refused. Can i submit another application or is there a limit?
  3. Hi everyone, My name is Charls. I applied for ACT state nomination (190) and got denied as according to the new rule they don't accept Skill assessment that is more than three years old. I'm willing to re assess my Skill assessment. I studied community welfare in WA and was there for more than 3 years. One of the other reasons why they denied my visa is because of this that I stayed in WA for more than 3 years, so that they cant consider me as a genuine applicant !! I have been going through the worst time of my life in the last 18 months..... If I get a new re assessment and fix the other issues, will I be able to reapply for the nomination? Since 'Welfare worker' is under 'Limited' option, do I have to re apply for the 'Verification' as well?
  4. Guest

    175 visa refused

    Hi all, Currently on a 457 visa due to expire in July 2012. I recently got a case officer assigned for my 175 visa. After initial excitement I realised that it was going to be refused as my skills assessment date is 6 weeks after the date I applied for the 175. Will the rufused visa cause me any issues with a new application? I am thinking of applying for a new 457 visa first then a fresh 175 so that i dont have to cease working here after July but before the 175 is granted. Can anyone see any problems with this? Or perhaps can think of an alternate way? I am so devastated at the moment but it was my own error. Martin
  5. Hello Everyone, This is my first post and need some serious help from fellow ppl. I have recently received a negative outcome for NSW State Sponsorship for accountant general. The reason states that I donot meet the criteria for recent work experience of 3yrs in areas of audit, taxation, risk. The fact is that I have relevant work experience of 9+years as an accountant in a reputed firm and have recent experience of 5+years in risk alone. In the first 3 yrs I've also had audit experience but that wont count. I have substantiated my documentation with reference letters and also employment references describing my job profile. I am also FRM (Garp) certified risk professional. I fail to understand why NSW has said I donot meet the critria when I thought I was most eligible and a clear candidate for receiving State sponsorship. Is it possible to review/ appeal this refusal to grant state sponsorship and explain my CV and role more clearly to them? Do they review applications which are refused? Experts kindly share your views. Thanks, Expatin.
  6. Hi, i am new to this but could really really urgently need advise.....were do i start....ok....i was offered my ideal job in Syd in sept, we flew into Oz to finalise the offer etc but we were stopped at the border and questioned for hours on end and finally had our holiday visas cancelled as they considered us to be non tourists, we flew home. In the meantime the application started for the 457 visa....everything went well, sponsor approved, nomination approved, then our visa process started...its been a nightmare from start to finish, we done it all ourselves and provided everything under the sun we could provide.....evidance from 5 years of us being a couple living together etc....then we were told to provide a statement to waive an exclusion period, we were unaware we even had an exclusion period but apparently as our visas were cancelled at the border we automatically got a ban....so we provided compassionate and compelling reasons why it should be waived and a letter from my employer saying how much he needs me there....got an email back this morning saying my visa is approved but unfortunatly my partner did not meet the critera to have the exclusion period waived!!! What the hell!!!! Then they asked if i wanted to continue with my side and come and work etc i should let them know and they will withdraw my partner from the application.....how could this happen? How could i leave my fiance behind...and is there anything we can do?:sad: Any help would be greatly appreciated folks please im very confused.
  7. Guest

    ENS Refused, 4 months pregnant!

    On arrival in Brisbane I had my preschool teaching qualifications recognised at the department of education. However my ens has been refused on the basis that I should have gone to AITSL (Australian Institute of Teaching School Leaders) instead! This was a simple error on my behalf and I'm not sure what to do next. Plus the fact that I am 4 months pregnant and getting really stressed at the mo!! Please help someone
  8. So annoyed this morning. Had an email from CO to advise that they are likely to refuse application for a 457 visa because the nomination by the employer has been refused :sad: Immigration requested extra documentation from them on the 16th. Employer provided the information on the same day, and chased them a week later to see if they had received it (no reply). They emailed them again, again no reply. I had an email from my CO last week to say everything was ready to be issued, but they are still awaiting documentation from employer. Employer sent again, and called them to confirm they had received it (nobody available to talk to them on this occasion). This morning had an email from CO to say they are likely to refuse my application as the employer has "not provided the requested information", and did I want to withdraw the application before it gets refused or provide evidence that the employer has a valid nomination :mad: Emailed my employer, she said they have provided everything requested and have no idea why they would say they haven't. Makes me so mad, almost at the point of thinking is this all worth it? We must be talking at least another 6-8 week delay now if we decide to give it another go. Dealing with immigration is like talking to a brick wall, nobody responds to emails or phone calls, or even acknowledges your emails. When you call them you get told the case officer is busy and will send you an email, nothing is ever received :mad: Really don't know what to do for the best now.
  9. Just wondering as never seem to see a thread referring to a refusal.
  10. Please help ! I have applied for Australian Migration as Skilled – Independent (Migrant) subclass 175 on 18th January 2009. Since I was not contacted even though the cut off date for assigning a Case Officer for the visa subclass 175 application crossed my date of lodgement, I posted online queries and I was replied that I was placed in Priority 5 instead of Priority 4. I immediately called DIAC and found out that the ASCO code during the time of application lodgement was 2231-79 instead of 2231-19. I was advised to email an attachment of the Australian Computer Society assessment sheet to GSM.documents@immi.gov.au which proved that I was granted the ASCO code 2231-19 by ACS along with other case details . The correction was made on 26th July 2011. Later, a Case Officer was assigned to my application on 23rd August. On 29th August, the Case Officer refused my visa application stating the following in the attachment titled 'Decision Record': Reasons for decision The visa class that you applied for includes 2 subclasses of visa. These are: Skilled (Migrant) (class VE) ● Skilled Independent (subclass 175) ● Skilled Sponsored (subclass 176) I have considered your application against the criteria for all subclasses in the VE visa class. Under migration law a visa cannot be granted unless the applicant meets the legal requirements that are specified in the Act and the Regulations. After careful consideration of all the information you have provided, I am not satisfied that you satisfy the criteria for the grant of VE subclass 175 (Skilled - Independent) as set out in Australian migration law. Therefore, your application for this visa has been refused. Schedule 2 of the Migration Regulations 1994 sets out the criteria to be met for the grant of Skilled (Migrant) (class VE) subclass 175 (Skilled - Independent) visa. 175.212 is one of the mandatory requirements for the grant of the visa and it states: 175.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation. (2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course. Skills assessment does not match nominated occupation You lodged an application with a nominated skilled occupation of Computing Professionals nec ASCO 2231-79 but your skilled assessment from the Australian Computer Society (ACS) lists your skilled application as Systems Programmer ASCO 2231-19. I find that your skills assessment and nominated occupation do not match and it is a legislative requirement that you must nominate the same occupation as your skills assessment at time of application. You therefore do not satisfy 175.212(1) as your skills assessment and and nominated occupation do not match at time of application. Assessment for alternate visa subclass I have also assessed your application against the criteria for the grant of a subclass 176 of the Skilled (Migrant) (class VE) visa. Schedule 2 to the Regulations sets out the criteria to be met for the grant of a 176.212 is one of the mandatory requirements for the grant of the visa and it states: 176.212 (1) The skills of the applicant have been assessed by the relevant assessing authority as suitable for the applicant’s nominated skilled occupation. (2) If the assessment mentioned in subclause (1) is made on the basis of a qualification obtained in Australia while the applicant was the holder of a student visa, the qualification was obtained as a result of studying a registered course. As stated above I find that your skills assessment and nominated occupation do not match and it is a legislative requirement that you must nominate the same occupation as your skills assessment at time of application. You therefore do not satisfy 176.212(1) as your skills assessment and and nominated occupation do not match at time of application. I do not think that this is fair as I had made the required correction a month before it was taken up by the Case Officer. The Case Officer seems to have handled this very casually and did not give me the benefit of doubt in this situation. This decision will definitely change the course of my future as I have made many plans in hopes of being granted the visa and I do not know what to do now. Please advise as I am unable to concentrate on anything. I am mentally very disturbed because of this outcome.
  11. My State Nomination 176 has been refused by Victoria Government because professionals having experience in J2EE, Java and RPGILE/400 are not in Demand.Although my profession was in Demand list Need your valuable advice in this regard, what should i do. :unsure:
  12. Hi All, My name is Chris and I would really appreciate somebodys advice or expierence if they have been in a similar situation. I recently applied for a 2nd year working holiday visa. I did the work but it was off the "books" and I was paid in cash and have no proof other than signed form 1263 that I was on the farm. Didnt think i would need to keep bus tickets or accommodation reciepts has evidence. After a day or so immigration sent me this email requiring third party evidence that i did the work and I have since found out that this farmer has been investigated for signing off uncompleted work or no work at all. I dont have any other evidence but have six months left on my first year and was planning on travelling around regional australia and doing farm work anyway so this leads in to my questions 1. Can i withdraw the application now and resubmit with other work now I will know to keep all evidence (after i do 3 months on legit farm)? 2. They said I have been granted a bridging visa. Will this only come into effect after my first year is up or straight away? I have put immigration email below. Your help and advice would be much appreciated. Have the loveliest girlfriend in Oz and the thought of not seeing her is actually making me feel sick. Thanks a million. Chris:biggrin: This email relates to your 2nd Working Holiday visa application. Evidence of Specified Work As part of your visa application, you are required to provide evidence of specified work. Thank you for providing a completed Form 1263. However please note this evidence is insufficient for the grant of your visa. You are requested to provide alternative third-party evidence that you have completed specified work with this employer in the claimed regional area, for example: A bank statement covering the entire period of your claimed specified work is the most efficient form of evidence. This information is still ideal if you worked in a voluntary capacity i.e. unpaid work such as WWOOF (Willing Workers On Organic Farms) and or paid cash-in-hand. Bus tickets, accommodation or general receipts in your name; Group certificates; Tax returns; Please note, if the documents do not identify you as the owner of the account or receipts, it is not weighed highly as alternate evidence. For specified work undertaken before 1 May 2005, please provide other documentation as evidence of your work. This may include payslips, PAYG Summary sheets, tax returns ( ATO group certificates) and employer references. This information can be provided by postage mail to: 2nd WHM Centre Cairns Regional Office Department of Immigration and Citizenship PO Box 1269 Cairns QUEENSLAND 4870 AUSTRALIA This information must be provided within 28 calendar days of this notice. If the requested information is outstanding after this date, a decision will be made on your application on the basis of the information already provided. Bridging Visa You have now been granted a Bridging Visa A. If your current visa application has not been decided by the time your last substantive visa ceases to be in effect, the Bridging Visa A will come into effect. The purpose of a bridging visa is to allow an applicant to remain lawfully in Australia until a decision is made on their visa application. The Bridging Visa A has the same work conditions as those on the substantive visa you held at the time of application. As you were in Australia at the time of making your application, you must be in Australia at the time a decision is made on your application.If a need to travel overseas arises during the processing of your application please inform the Department prior to travel so that we can advise you of the available options. New Fraud Public Interest Criterion On 2 April 2011, the department introduced a new Public Interest Criterion (PIC) that has been applied to certain visa subclasses. The Fraud PIC is aimed to minimise the level of fraud present in visa applications by providing a strong disincentive to those considering submitting false or misleading information in relation to an application. Where an applicant is found to have supplied false, misleading or bogus information and/or documentation to the department, the application will be refused
  13. bloomersthebear

    Daughter devastated, Citizenship refused.

    Just been informed by the immi and citizenship people that my 17 year old daughter has been refused her citizenship approval because of a 12 month good behavior bond she received two days after the applications was sent. :embarrassed: So thats me the wife and two daughters approved and awaiting what we hoped would be a family ceremony. The circumstances for the good behavior bond were at best very spurious. She was out with so called mates that turned on her. She was left beaten up ( her so called best mates 19yr old boyfriend thought he would throw a few punches in for good measure) Phone, bag, purse all stolen. Local police turn up the Australians kids had star burst and left her there. She was arrested for "public nuisance" and ticketed for court. All this kept to her self as at 17 she didn't need to tell mum and dad. (stupid law). The police refused to listen to her complaint of assault and theft. (Robbery)?? And proceeded with the easier option. Situation solved. She was awarded the 12 month good behavior bond and the rest is history a police check by immi during process and now she is refused the citizenship. She is gutted, were gutted. she was told by the police it wasn't a conviction so would not hamper her application. So she took the whole thing on the chin, quite literally too, and took them at their word. Silly girl. :skeptical: Now the thing is looking back at the paperwork the 1290 form I used for her application, http://www.immi.gov.au/allforms/pdf/1290.pdf is designed with 17 yr olds in mind. And it states quite clearly 18yr olds must prove good character and it goes on the explain the criteria. For 17 year olds and under it isn't a requirement. But it seems our case officer carried out a local police check and has seen this bond recorded against her name. :unsure: Had a look at the ATT appeal process and its nearly $800 on top of the $260 we already paid for the application. I thought the good character Critera was designed to nullify any "proper" un-desirables from getting approval not a juvenile with a behavior bond. (timing as they say is everything). really don't know what to do. could they have it wrong in this case?? Any help or suggestions would be appreciated.
  14. SHANO7

    Ens refused !!!!!

    Hi So Pis%*ed off with this all now !! My wife after be dumped in Cat 4 for Hairdressing after receiving SS from WA has now had an application for ENS on behalf of my Uncle declined. My Uncle owns a small salon in Perth and it was always the intention for my wife to work for him if the Australian government decided to play fair and stop piss*ing around with people lives. Anyway as it is a small salon he has not had to train anyone for a few years now as they are all fully qualified. And this is where DIAC saw an out. Dismissing the fact that he has trained Australian Hairdressers for 30+ years they have said because he hasn't had to pay for training he fails the criteria. So once again DIAC expect people to chuck money at something for nothing in return. Why should he pay for training if the staff are qualified ? Remember this is DIAC we are talking about they like taking money off people with the likelihood of getting f*c% all in return. Thats another £300 down the Swanny that DIAC can spend on the xmas party or something. So we wait in CAT 4 now unless a miracle happens. Sorry for the rant but went you have waited over 2 years and seen posts move and rules change and you try another route only to have that closed again is disgraceful. Shane:arghh:
  15. Previously I had my application for a student visa refused while onshore in Australia. I did not appeal the decision and left Australia. This was quite a while back. I have already applied for a permanent residency visa now and am not sure whether I filled in my application correctly. Where it asks me if I have been refused a visa to Australia, I have said YES. Where it asks me if I have been ASKED to leave Australia, I said NO. Is this the right way to fill this part out? I am very confused by this question. Should I have said YES to the question 'Have you ever been ASKED to leave Australia?'? I am thinking being ASKED to leave Australia is a completely different thing to being refused a visa. Could anybody help me out with this? Also, in form 80 where it says, 'Have you been refused a visa to ANOTHER country?', does this mean I only mention about other countries apart from Australia? The reason why I am asking is because I have only been refused a visa to only Australia and I have had no such issues with any other countries. But in form 80 they have not asked about visa refusals to Australia. So I was thinking when I am filling this part I should mention about the rejection of my student in Australia or are they just asking me about OTHER countries? I have not lodged form 80 yet. However, with regard to the question, 'Have you ever been ASKED to leave the country' in the online application... I have a feeling I should have said YES to that. What do you guys think? How can I rectify this error? Do I need to fill a special form for this and if so, what form would it be? Or am I worrying too much? Is it just sufficient just to say that my visa was refused to Australia previously and leave it at that?... or do I still need to say that I was ASKED to leave? I was not really asked to leave but whenever a visa is rejected the applicant has 28 days to leave the country and at that time I also had the right to appeal to the tribunal. However, i was too depressed at that time and did not want to go through the hassle of appealing to the tribunal and spending $1000 just for the purpose of applying for the tribunal. I just wanted to leave the country and relax, and not think about it for a while.
  16. Hi, I have just been told by my employer that they will not administer LAFHA. They are saying that because I applied for a position with them I am not entitled to it. According to them I am therefore moving voluntarily, and would only be entitled to it if I was being told/asked to move by them. This doesn't seem right to me. I am coming from UK to Oz on a 457, contract is a 2 year fixed contract. My understanding was that I should qualify for LAFHA on the basis that I will be working in Australia on a temporary basis and will be returning to my normal place of residence after this period of time. Can anyone help me here?? Thanks :unsure:
  17. We fount out today that my fiance has been refused entry clearance to marry in the UK. It is a disaster. We have booked our wedding, people are flying from all over the world and I have my dress. We didn't know we needed any sort of visa for him to enter the UK to get married until the priest only told us in September we need to register our intention to marry at the local registry office and it was only after that the entry visa saga unfolded. He completed his biometrics in Brisbane and sent the form to the UK embassy in Canberra, only to have it returned because the fool at the Brisbane office hadn't signed off his paperwork properly. Back to Brisbane to get it signed off properly and sent again to Canberra for processing. Waiting with bated breath for the last week, until we received notice today that it was refused because we didn't submit enough supporting evidence with the application to proove that he is only planning to enter the UK to marry me and then leave again. We are all planning to go and live together in Australia once we are married. Has anyone else had anything like this? I went to an immigration lawyer today who suggested that the UK border agency are refusing lots of visas at the moment and that we may be as unsuccessful even if we reapply with all the correct evidence. How are we meant to be together??? We have a 7 year old daughter together and after a few years apart, we are desperate to all be together again. Can anyone give us a silver lining???? Desperately unhappy in London
  18. Lurkio

    Refused WA sponsorship

    Nooooooooo!!!!!!!!!! Heard today that WA have refused us sponsorship because our docs were not attached to our initial application (yes they were - honest!!!!) :arghh: We now have to reapply, pay another fee, and just hope that our occupation doesn't get filled in the meantime. :cry: and then wait .... again .....
  19. HI TO ALL, MY HUSBAND USED TO HAVE FITS AND IS ON A WELL KNOWN EPILEPSY DRUG. HE HAS BEEN FIT FREE FOR MORE THAN 3 YEARS NOW WITH NOT EVEN A PETIT MAL. THE MEDICATION HE IS ON IS OBVIOUSLY THE RIGHT ONE, BUT HE IS A LITTLE CONCERNED THAT HIS SPOUSE VISA MAY BE REFUSED. WE ARE HOPING THAT AUSTRALIA PROVIDES THE DRUG THAT HE TAKES AND THAT HE CAN GET IT WITHOUT ANY PROBLEMS (MEDICARE?). HE TAKES TEGRETOL 200 MG, (GEIGY) ALSO KNOWN AS CARBAMAZEPINE. HE TAKES THIS TWICE DAILY. WE ARE NOT FAMILIAR AT ALL WITH THE HEALTH SERVICE IN AUSTRALIA AND WOULD GREATLY WELCOME ANY ADVICE. THANK YOU SO MUCH.:confused:
  20. Read here: Silent Korean victims of cut price tiling industry Seems to me like well prepared propaganda to make Australia really small. Note there is no author under the article. Yes, I am paranoic and I like it that way. What are your opinions?
  21. I am 34 and have a condition called fibromyalgia, basically i suffer pain in muscles and fatigue. We received the call no one wants from our migration agent today that DIAC are going to refuse a visa on the basis of me needing "lifelong community services". This was determined by MOC I have never needed community services and am the main carer of my 2 young children. I also take no medication for the pain as i have managed to learnt to live with it. The condition is non progressive BUT has been likened to (CFS) Chronic Fatigue Syndrome and ME again BUT it is neither of these conditions and does not get worse with age or time, with excercise and diet it can actually get better The condition is improved with heat and this was a major reason for moving to Oz as my wife is a nurse and I would be able to start some kind of part time work as i would be physically better. Part time as the fatigue does play as a factor and full time would be to much. We have been asked for this below. Invitation to Comment - Natural Justice We went with our agent as they were supposed to be medical specialists but have since been advised that there is nothing we can do as they do not think it is worth fighting for. I am aware of other migration agents who may be able to deal with this issue better than our current ones but is this a viable option with only 28 days to reply. We have 28 days to answer this invitation but we are very unsure as to what to do. to say i am bewildered, bemused, angry or even upset would be putting it mildly. If anyone out there has any advice or can help please do....and thank you. :arghh::realmad::sad:
  22. Hi Unfortunately today we have found out that DIAC have refused our 175 visa application on the ground that our son who has developmental delay does not meet the medical requirement. We were just wondering if there is any last ditch attempt we could make to try to overturn the decision or if that is the end of our fight? I did read about somebody phoning the medical people to try get them to change their decision - not sure if this is worth the effort. Our main points that we can see that we could fight on are that our son does not have a permanent condition as DIAC have stated in their decision to refuse us - his condition is not diagnosed so noone can say whether it is permanent or not. Also, as we see it we have looked at the recommendations that are to hopefully come in on the medical requirements and we think he would meet the requirement if these recommendations are made - do you think this is true? I just know that other people have managed to get a visa with similar circumstances so am interested if you know how they managed it. Julia
  23. My Employer sponsor has just checked online status & it's update as of today is: unable to provide extra information. They were requested extra info on the 21/4 & supplied that day, my sponsoring company asking if they required any further info to let them know. They received no acknowledgement, so emailed a week later asking if the info had been received. The co a acknowledged about 2 weeks later, that she has received. I then checked my status & it says application withdrawn! Do you think our CO has lost our email? What the hell has happened?
  24. Guest

    Any suggestion Visa Refused

    My 176 family sponsor(MODL) has been refused because of job verification. DIAC did phone call but the person who answer was new in company he didnt know me and said there wasnt any person with this name . My manager who signed on my experience letter was overseas for buisness purpose. I am in Australia on student visa for last 6 months...what should i do now. Its painfull i even paid 2nd VAC installment for my wife english on my 176 application, :cry: Should i need to contact MRT:confused:????? or its useless. i need to pay another $1400 for this:goofy:
  25. Guest

    Partner visa could be refused?

    Hiya, Me and my partner have been together over 3 years. Lived together the whole shebang...Basically my case officer is getting crappy about the fact we went to oz Jan-April this year on a long holiday. We stayed with my in-laws; had a bank account in my ozzy partners name as was our campervan. Basically they are saying its not enough evidence of a de facto partnership. I've sent 3 stat decs that were certified and other bits that they asked for as the first bunch of evidence was insufficient. So we've lit got one last chance now. I've gota send our bank statements etc that are in a sole name but I'm gonna try and add as many notes as possible to them. it's a nightmare and really unfair...
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