tonic83 Posted February 14, 2015 Share Posted February 14, 2015 If we as the visa holders of a 457 have agreed to pay for the costs of the 186 visa applications and the application is then refused because of the nomination are we entitled to claim the money back from the employer? Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 No. So the lesson to be learned from that is that you should not apply for the visa until the nomination has been approved unless you are prepared to risk losing the VAC. Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 But if we're going through an agent won't they just send both things in at the same time to get a quicker response. Yep were also paying for the agent which includes dealing with the employers papers too! Link to comment Share on other sites More sharing options...
nicolo Posted February 14, 2015 Share Posted February 14, 2015 But if we're going through an agent won't they just send both things in at the same time to get a quicker response. Yep were also paying for the agent which includes dealing with the employers papers too! Hi tonic83 As you are the agent's client since you are the one paying (and I assume you are the one who signed the client agreement with the agent), your agent is bound to follow your instructions. So you can tell the agent to lodge only the nomination part and hold off the visa part until the nomination is approved. This may take longer to get the visa granted but financially you are safer. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 But if we're going through an agent won't they just send both things in at the same time to get a quicker response. Yep were also paying for the agent which includes dealing with the employers papers too! Not if you instruct them not to send the visa application until AFTER the nomination is approved. Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 Thanks nicolo, we haven't even signed the papers/payment authorisation forms as yet as the employer still hasn't handed in all their forms (been waiting since sept!). As far as we are aware we are paying for our application and the agents fees but I can't see any fees for the employers nomination itself. We have agreed in writing to the employer that we will be paying but didn't even consider at that point if the actual nomination got refused. Surely we wouldn't be forced to pay the agent fees if the nomination got refused though. Fingers crossed nothing gets refused but who knows these days! Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 Thanks nicolo, we haven't even signed the papers/payment authorisation forms as yet as the employer still hasn't handed in all their forms (been waiting since sept!). As far as we are aware we are paying for our application and the agents fees but I can't see any fees for the employers nomination itself. We have agreed in writing to the employer that we will be paying but didn't even consider at that point if the actual nomination got refused. Surely we wouldn't be forced to pay the agent fees if the nomination got refused though. Fingers crossed nothing gets refused but who knows these days! That will depend entirely on the nature of the contract you have with the agent. Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 Better check that then! Thanks! Link to comment Share on other sites More sharing options...
blossom Posted February 14, 2015 Share Posted February 14, 2015 The agent should make sure the application has everything it needs to be approved before sending. That's what you are paying them for. Link to comment Share on other sites More sharing options...
Raul Senise Posted February 15, 2015 Share Posted February 15, 2015 If we as the visa holders of a 457 have agreed to pay for the costs of the 186 visa applications and the application is then refused because of the nomination are we entitled to claim the money back from the employer? No, the employer has no obligation in this regard. But if we're going through an agent won't they just send both things in at the same time to get a quicker response. Yep were also paying for the agent which includes dealing with the employers papers too! After reviewing all of the documents, your Agent should be able to give you a good idea if the nomination is a strong application. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.