bonza2211 Posted March 19, 2013 Share Posted March 19, 2013 Hi Guys, I know that the nomination paperwork/checklist for the ENS186 (a)Direct Entry and (b)Transition are different. Situation : - Applicant lodged ENS186 NOMINATION for Direct Entry (Approved) - At time of approval for the ENS186 Direct Entry, the applicant has also become eligible for the ENS186 Transition. Does anyone here (particularly Raul) know if DIAC will be obliging to accept the Direct Entry approval for the Transition? I am guessing the answer is NO. However the fact of the matter is that the Direct Entry has more rigid requirements (Skill assessment, IELTS etc) and the Transition doesn't so I am curious if this has been attempted before. Thoughts? Cheers Bonza! Link to comment Share on other sites More sharing options...
Raul Senise Posted March 19, 2013 Share Posted March 19, 2013 Hi Guys, I know that the nomination paperwork/checklist for the ENS186 (a)Direct Entry and (b)Transition are different. Situation : - Applicant lodged ENS186 NOMINATION for Direct Entry (Approved) - At time of approval for the ENS186 Direct Entry, the applicant has also become eligible for the ENS186 Transition. Does anyone here (particularly Raul) know if DIAC will be obliging to accept the Direct Entry approval for the Transition? I am guessing the answer is NO. However the fact of the matter is that the Direct Entry has more rigid requirements (Skill assessment, IELTS etc) and the Transition doesn't so I am curious if this has been attempted before. Thoughts? Cheers Bonza! For Temporary Resident Transitional the Nomination will be approved under Regulation 5.19(3) where as for Direct Entry the it will be approved under Regulation 5.19(4). Each has different Requirements. For Temporary Resident Transitional stream, they assess the 2 years on a 457 criteria at the Nomination stage, not the visa stage. Also the 2 years on a 457 needs to be met a time of Nomination Lodgment. Link to comment Share on other sites More sharing options...
Harpersgirl Posted April 21, 2013 Share Posted April 21, 2013 For Temporary Resident Transitional stream, they assess the 2 years on a 457 criteria at the Nomination stage, not the visa stage. Also the 2 years on a 457 needs to be met a time of Nomination Lodgment. Does this imply that applying via TRT stream may be a faster process? Link to comment Share on other sites More sharing options...
Raul Senise Posted April 22, 2013 Share Posted April 22, 2013 Does this imply that applying via TRT stream may be a faster process? There does not appear to be any difference in processing times between the two streams. Link to comment Share on other sites More sharing options...
Kdarcy19 Posted December 5, 2014 Share Posted December 5, 2014 Hi Raul, Im in a similar situation immigration decided not to tell me i wasnt eligible for TRT and automatically put me through as direct. Though my question is they made a typing error on the nomination approval letter saying " please be aware that this applicant was originally granted under the TRT" its an obvious mistake it should of said "lodged" instead of "granted" do i have any rights in fighting my corner about this? Cheers Kieran Link to comment Share on other sites More sharing options...
blossom Posted December 5, 2014 Share Posted December 5, 2014 Hi Raul, Im in a similar situation immigration decided not to tell me i wasnt eligible for TRT and automatically put me through as direct. Though my question is they made a typing error on the nomination approval letter saying " please be aware that this applicant was originally granted under the TRT" its an obvious mistake it should of said "lodged" instead of "granted" do i have any rights in fighting my corner about this? Cheers Kieran If you weren't elligable at time of application then you weren't elligable, no matter what the wording. It is your responsibility to make sure you are and you have everything you need. Immigration is never going to tell you that. That's why people pay agents to go through their applications. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 5, 2014 Share Posted December 5, 2014 Immigration isn't obliged to tell you that you aren't eligible. It's the responsibility of the applicant to make sure they're eligible for the visa they're applying for and if you apply under the wrong stream, they will simply refuse the visa application. In the nomination approval, the "applicant" they are referring to is the employer. Has your application been refused? Link to comment Share on other sites More sharing options...
Raul Senise Posted December 7, 2014 Share Posted December 7, 2014 Hi Raul, Im in a similar situation immigration decided not to tell me i wasnt eligible for TRT and automatically put me through as direct. Though my question is they made a typing error on the nomination approval letter saying " please be aware that this applicant was originally granted under the TRT" its an obvious mistake it should of said "lodged" instead of "granted" do i have any rights in fighting my corner about this? Cheers Kieran As per the previous posts, Immigration has no obligation to tell you whether you are eligible for a visa or not. I believe that you are very lucky that they did not refuse the nomination outright. If you do not meet the requirements under TRT, an incorrectly worded approval letter is unlikely to help your situation. Link to comment Share on other sites More sharing options...
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