jakc Posted October 25, 2012 Share Posted October 25, 2012 Timeline: I am coming up to the end of my 457 visa (been here nearly 4yrs, working for just the one employer) My employer lodged a 856 ENS back in January Received nomination approval letter from IMMI on 28th May Started gathering documents and police clearance. Police Checks from Australia turned up on the 2nd July. As 856 no longer existed, was told by IMMI on the phone that I would have to apply for 186 with nomination letter under the Temporary Transistion Stream. Lodged via eVisa and application submitted for 186 on 5th July, all documents required uploaded by the 10th July. Wait... Got Email today =You have stated in your application that you would like to apply under the Temporary ResidenceTransition Stream. However, as your employer lodged their nomination prior to 1 July 2012you are only entitled to apply under the Direct Entry Stream. [*]Phoned up IMMI = Yes, this is correct. As your employer nominated beforehand, you have to now apply under direct entry stream. I can either cancel application and not get any refunds and re-apply, or appeal to try and get it converted to an application as a direct entry. Choose the Temporary Residence Transition stream if you are a subclass 457 visa holder who has worked for your employer for two years in the nominated occupation and your employer wants to offer you a permanent position in that occupation. Please note you must have a nomination application lodged under Temporary Residence Transition stream to be eligible for this option. source Pretty pissed off, but not much I can do about this. The delays I can understand from IMMIs end, but the misinformation given by IMMI over the phone have led me down a path which I am not sure if I can carry on down. i.e. I might have to get my employer to submit another application (assuming they still want to). I now have to try and work out if I fit the bill for direct entry stream and start gathering more documents. Anyone else been in similar situation? What would you recommend? Ive been told to just communicate with the case officer via email, but expect a 4 week wait on responses. Link to comment Share on other sites More sharing options...
Raul Senise Posted October 25, 2012 Share Posted October 25, 2012 Unfortunately this is correct. You can not use a pre 1 July Nomination to apply for a 186 visa, via the new Temporary Resident Transitional stream. You can not rely on advice received from DIAC general enquiries over the phone and they can not be held liable for giving the incorrect information. If your employer decides to lodge a new nomination, do not take for granted that it will be approved because they received a previous approval. The new Regulations and requirements for the Nomination stage are completely different to the old. Link to comment Share on other sites More sharing options...
jakc Posted October 25, 2012 Author Share Posted October 25, 2012 Understood, albeit it is understandable why I am frustrated. In my email from the case officer, it states: Please confirm whether you are satisfied with changing the streams. I am hoping that I will not have to cancel my current application and have to pay for another application, and that I can simply provide the additional info required for a direct entry stream. Im responding to the email now. Link to comment Share on other sites More sharing options...
wrussell Posted October 25, 2012 Share Posted October 25, 2012 Understood, albeit it is understandable why I am frustrated. In my email from the case officer, it states: Please confirm whether you are satisfied with changing the streams. I am hoping that I will not have to cancel my current application and have to pay for another application, and that I can simply provide the additional info required for a direct entry stream. Im responding to the email now. Do not rely on immigration advice in DIAC publications or from DIAC case officers. May I suggest you consult a registered migration agent? Link to comment Share on other sites More sharing options...
tea Posted February 5, 2013 Share Posted February 5, 2013 Hi Jakc, My partner and I just found this thread after finding ourselves in an almost identical situation to yours. The employer nomination was accepted in June, we made our 186 application in September, but then received a phone call from immi yesterday informing us that our 186 application needed to be Direct Entry, not 457 transition. Nightmare situation, and it looks like its back to square 1 - just wondering how things worked out for you and if you had any pointers? Cheers Link to comment Share on other sites More sharing options...
ntg Posted February 7, 2013 Share Posted February 7, 2013 The ens approval was received for company - application lodged in June. We lodged ours (TRS)on the 8th aug and have received a letter stating "a valid visa application" I was hoping this was assessed and declared valid and will not be refused?? Does anyone know? It has been months and still no answer. Did you receive an email from IMMI after receiving a valid acknowledgement letter? If the company is happy to lodge another application under the Temporary transition stream, are you then able to ask the case officto link it up with the new application from the company?? What are your options...please help! :skeptical: Hi Jakc, My partner and I just found this thread after finding ourselves in an almost identical situation to yours. The employer nomination was accepted in June, we made our 186 application in September, but then received a phone call from immi yesterday informing us that our 186 application needed to be Direct Entry, not 457 transition. Nightmare situation, and it looks like its back to square 1 - just wondering how things worked out for you and if you had any pointers? Cheers Link to comment Share on other sites More sharing options...
owendoyle Posted February 7, 2013 Share Posted February 7, 2013 You can not rely on advice received from DIAC general enquiries over the phone and they can not be held liable for giving the incorrect information. Yes. Useless is an understatement. Here's a photo I took the last time I visited the Dep of Immigration: Understood, albeit it is understandable why I am frustrated. In my email from the case officer, it states: Please confirm whether you are satisfied with changing the streams. I am hoping that I will not have to cancel my current application and have to pay for another application, and that I can simply provide the additional info required for a direct entry stream. Im responding to the email now. Well that sucks. How can people get valid info without going to a Migration Agent?! Can you get a skills assessment done asap? Also make sure they will accept it as you have already logded your visa application. Seems like another Catch 22 situation. Link to comment Share on other sites More sharing options...
ntg Posted April 15, 2013 Share Posted April 15, 2013 Happt to say our PR came though - yay Link to comment Share on other sites More sharing options...
owendoyle Posted April 15, 2013 Share Posted April 15, 2013 Happt to say our PR came though - yay Big Congrats mate!!! I'm glad the incompetence of the Dep of Immigration didn't cost you your visa. Big stress relief. I still find this quote quite hilarious! You can not rely on advice received from DIAC general enquiries over the phone and they can not be held liable for giving the incorrect information. Imaging going to a doctor and your then told, you cannot rely on the information you have received from this office. They would all be sued.... Still waiting for my 186 14.5 months on. I'm am estimating getting processed some time between now and my retirement! :twitcy: Link to comment Share on other sites More sharing options...
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