Guest sadiesmum Posted July 31, 2012 Share Posted July 31, 2012 I need some sensible advice/feedback plz. The company that is bringing us over has had their application for sponsorship declined as the business is yet to be purchased (the Australian buyer is only purchasing the business if we can run it for him). The immigration agent has said that a signed contract of purchase (without any money changing hands) might be enough to secure sponsorship. Is the immigration agent stringing us along with this? Has anyone had any experience of CO's declining and accepting the same case after a small change? My Oh is trying to stay positive but I cannot see how they will accept it now Link to comment Share on other sites More sharing options...
Guest trasi Posted July 31, 2012 Share Posted July 31, 2012 So sorry to hear this....... cant give advice, just a :hug: Some one will come along soon to help i'm sure xx Link to comment Share on other sites More sharing options...
Guest sadiesmum Posted August 1, 2012 Share Posted August 1, 2012 Bump.... Link to comment Share on other sites More sharing options...
Candygirl Posted August 1, 2012 Share Posted August 1, 2012 Oh No Honey, I am sending you a really big hug:hug: Can you speak to another agent and seek their advice if you are not certain about what your agent is saying? My friend did not get through first time on a PR visa years ago and then applied again and got it on the second application, so I know it can be done. I don't remember the reasons as it was over 10 years ago now. I am certain that there is a way round everything in this process - it is just knowing who to speak to and what to do. If you want to have a moan, I am happy to listen (well read!!). Take care Lorraine xx Link to comment Share on other sites More sharing options...
Guest Burchos Posted August 1, 2012 Share Posted August 1, 2012 No advice sorry. Just wanted to say I hope it all works out for you. Link to comment Share on other sites More sharing options...
Love Shoes Posted August 1, 2012 Share Posted August 1, 2012 So sorry to read this, wanted to send you lot´s of hugs :hug: I am a great believer in ´where there is will, there is a way´. And I am sure there is a way in which this can be sorted out. Good luck ..... Link to comment Share on other sites More sharing options...
Freckleface Posted August 1, 2012 Share Posted August 1, 2012 Hi - sorry to hear your news. I'm not sure how your agents plan would work from a commercial point of view. Once the contract is signed the purchaser would be locked in so why would they do that if they haven't done so already. Maybe a second opinion from another agent would be helpful but I wouldn't bother unless the person buying the business had agreed to the plan. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 1, 2012 Share Posted August 1, 2012 I need some sensible advice/feedback plz. The company that is bringing us over has had their application for sponsorship declined as the business is yet to be purchased (the Australian buyer is only purchasing the business if we can run it for him). The immigration agent has said that a signed contract of purchase (without any money changing hands) might be enough to secure sponsorship. Is the immigration agent stringing us along with this? Has anyone had any experience of CO's declining and accepting the same case after a small change? My Oh is trying to stay positive but I cannot see how they will accept it now It is difficult to advise with so little information and you may only be getting half of the story. If it is an existing business the purchase should be irrelevant to obtaining 457 sponsorship. If however, they are looking at purchasing a franchise or new start up business, they cannot obtain approval until they can meet the “Lawfully Operating” criteria. Simply signing a contract to purchase would not satisfy this. Link to comment Share on other sites More sharing options...
Loopylu Posted August 2, 2012 Share Posted August 2, 2012 Hi - sorry to hear your news. I'm not sure how your agents plan would work from a commercial point of view. Once the contract is signed the purchaser would be locked in so why would they do that if they haven't done so already. Maybe a second opinion from another agent would be helpful but I wouldn't bother unless the person buying the business had agreed to the plan. From a legal perspective, the purchaser could sign the contract but make it a condition precedent to the contract proceeding that the 457 of the proposed managers is granted by a specified date. If the 457 is not granted by that date then the sale contract would terminate automatically and the purchaser would not be bound by the contract. This may give DIAC sufficient comfort that you would have a job to go to. It's worth a shot, I suppose. Link to comment Share on other sites More sharing options...
Guest sadiesmum Posted August 2, 2012 Share Posted August 2, 2012 It is difficult to advise with so little information and you may only be getting half of the story. If it is an existing business the purchase should be irrelevant to obtaining 457 sponsorship. If however, they are looking at purchasing a franchise or new start up business, they cannot obtain approval until they can meet the “Lawfully Operating” criteria. Simply signing a contract to purchase would not satisfy this. Hi Aba its an existing business and has been operating successfully for some years. We have provided them with the past 4 years accounts too. Im hoping that the agent is being up front with us, we have now been told that it will be another 28 days for a decision! Link to comment Share on other sites More sharing options...
Val Tibenham Posted August 2, 2012 Share Posted August 2, 2012 Nothing to offer in the wayn of advice but sending :hug:. As others have said, where there's a will there's a way - good luck and hope your dream happens. Link to comment Share on other sites More sharing options...
Guest sadiesmum Posted August 2, 2012 Share Posted August 2, 2012 Thank you for everyones kind words Link to comment Share on other sites More sharing options...
Raul Senise Posted August 2, 2012 Share Posted August 2, 2012 Hi Aba its an existing business and has been operating successfully for some years. We have provided them with the past 4 years accounts too. Im hoping that the agent is being up front with us, we have now been told that it will be another 28 days for a decision! Again, difficult to comment without all the facts but the situation does appear strange. In your first post you state that the matter has been declined, yet you expect a decision within 28 days? 28 days is normally the amount of time given when further documents or information is requested by the case officer. Have you seen any documentation from the Department? i.e a refusal or request for further information? Link to comment Share on other sites More sharing options...
Guest sadiesmum Posted August 3, 2012 Share Posted August 3, 2012 We were told is was declined by our immigration agent, then they said that we could provide them with contract of sale (which we have done), and at that point they told us it would be another 28 days until we hear. My gut feeling isnt good Link to comment Share on other sites More sharing options...
Guest brillo Posted August 6, 2012 Share Posted August 6, 2012 Hi everyone. I too have a question. I am also trying to get a 457 visa. My sponsor has been declined and is now going to appeal to migration review tribunal. My question is do i also have to appeal as well to the MRT or will i be put on a bridging visa until a decision has been made from the tribunal about my sponsor. Thanks in advance Brillo. Link to comment Share on other sites More sharing options...
Rupert Posted August 6, 2012 Share Posted August 6, 2012 Hi everyone. I too have a question. I am also trying to get a 457 visa. My sponsor has been declined and is now going to appeal to migration review tribunal. My question is do i also have to appeal as well to the MRT or will i be put on a bridging visa until a decision has been made from the tribunal about my sponsor. Thanks in advance Brillo. What visa are you on now and when does it expire? I would not have thought you would be on a bridging visa as you have not lodged a visa application. Link to comment Share on other sites More sharing options...
Guest Khim Posted August 6, 2012 Share Posted August 6, 2012 We were told is was declined by our immigration agent, then they said that we could provide them with contract of sale (which we have done), and at that point they told us it would be another 28 days until we hear. My gut feeling isnt good How's it going Brillo? IF you haven't submitted yr visa part of the application and your prospective employer got refused you really ought to be lookig for another employer.... the thing about the 457 is your employer has to substantiate spending 1% of the annual payroll on training; something that many employers struggle with and many get refused due to this criteria. If you have submitted yr visa part app, you can either stay for the MRT appeal "dance" or withdraw yr app to DIAC within the 28 days allowance(if you are still within it) and look for another employer. However if you think you want to stay with this employer and hang about for the MRT hearing and it makes a decision in yr employer's favor and it doesn't cause to much stress not knowing... then that is still yr option. I would suggest you make an informed decision and talk to the person yr employer used to make the app and find out really which criteria yr employer didn't make. Khim Link to comment Share on other sites More sharing options...
Guest brillo Posted August 6, 2012 Share Posted August 6, 2012 Thank you for the quick response. My application is in and has been since last year. I have been very badly represented by my visa agency and i think by immigration. I have had 3 case workers now since with the agency and have had 3 case workers at immigration. Info has gone missing each time i get assigned a new case worker. I realise now that although the construction company (i am a bricklayer) i asked to sponsor me weren't that big we have managed to provide evidence for most questions immigration have asked for and evidence, inluding, training bench marks and market rate. They declined the sponsorship because they said we provided some evidence which wasn't good enough. The annoying thing is we didn't provide the evidence in question. Neither the company, myself or the migration agency did, so the only conclusion is that immigration have got our case mixed up with someone elses. That is why my sponsor is going to appeal by Wednesday the latest. My question is will i also have to appeal also. Immigration haven't got to my application yet. Should i just wait until a decision has been made at the tribunal. I know these trials can take up to a year to reach a conclusion so I'm hoping i can apply for a temporary work visa while i wait. I have been here in Oz for over 18 months and not been allowed to work at all. So it will be hard for me to find the $1540 to appeal. Regards. Brillo. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.