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Joob joobs

Wait for nomination approval or submit visa application in the meantime?

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I'm after some advice!


I am currently on a 457 visa and have been with my current employer for over 2 years. My employer has agreed to sponsor me for PR (ENS 186 subclass) through the Temporary Residence Transition Stream, on the condition that their preferred migration solicitor is used.


I have filled out all the required forms and submitted these to the solicitor, together with police checks (13 March 2014) and it was my understanding that the application had now been submitted. However, two months down the line it has come to my attention that the solicitor has only submitted the nomination and wants to wait until this has been approved before he submits the visa application.


Is this normally the way it is done? I thought that it would save time by submitting the application at the same time, or just after, the nomination submission in order that both could be considered on the first touch by the Case Officer. Am I wrong in thinking this? Does anyone have any similar experiences with this? I would hate for legislative changes to be made before my application is submitted, as we all know, Dept of Immigration regularly implement changes and the changes do not always go in our favour! Plus the longer things drag out the more likely it will be that the police checks expire before the visa is granted!


Any advice would be appreciated. I want to make sure I have the correct information before I contact the solicitor again.


Thanks in advance!

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If the nomination was declined and you have submitted your part, then it is a wasted application fee. Perhaps the risk of that is low as it is a transition, but the cost is a very good reason to do it one step at a time.

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If the nomination were refused with a visa application in place, the visa application would be refused, but you would have a reviewable decision with respect of the visa refusal. If the nomination were refused before a visa application was lodged, you would not be able to lodge a valid visa application of the type you mentioned and the review rights in respect of the nomination would reside with the nominator.


It is not always a sound idea to rely entirely on advice from advisers who are representing a third party. You might want to take advice about alternative strategies.

Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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