Major 186 Visa Headache

[MarkyMarc]

Hi All,

 

Quite a sombre first post unfortunately as I have just found out I have made a massive mistake with my 186 Visa.

 

I have been living in Perth for 3 years now with over 2 years at my employer on a 457 Visa.

 

My employer decided (not sure why) to apply for a 186 Direct Transition visa a couple of months before I would have been eligible for Direct Entry on either 186 or 187. I actually was told it would be a 187 visa before hand.

 

The nomination was approved in September 2014 and I decided against using a Migration agent (bad move). I submitted the application and decided to get the paperwork in order while awaiting a decision.

 

I received guidance and advice from a colleague who had gone through the same process and advised me that I wouldn't need a skills assessment as he didn't. This oversight was entirely my fault, I should have triple check this point.

 

Roll on 5 months and I have completed everything apart from the skills assessment and paid nearly $5000.00 for myself and de facto partner.

 

It has now dawned on me that my visa is going to be rejected due to the lack of Skills assessment. Even if I got it now it would not be valid. I cannot believe I made such a stupid error, I even checked with my employer and they stated that I wouldn't need one. However, I think they are getting confused with a 187 and 186.

 

To say I am devastated right now would be a major understatement, just wondering if anybody has any help/ advice on what to do. I believe the end of October 2014 applications are being processed now, which is the date I submitted it.

 

Thanks

[websie]

Are you 100% sure you need a skills assessment for the Temporary Resident Transition scheme?

 

I was on a 457 visa and applied for a 186 TRT and I didn't require one.

 

Fingers crossed you may be ok.

[MarkyMarc]

Hi Websie,

 

My employer put me through as Direct Entry, as I was at 1 year 10 months when they applied.

 

Looks like I will be rejected, not sure if there is an appeal process but then i am not sure on what grounds I would have.

 

Not sure how this affects my employment as well, I would need another nomination...the whole thing hasn't really sunk in.

 

Really is a warning to use a MA when applying.

[Ozmaniac]

That's really rotten news and I really feel for you - that's a very expensive mistake! I'm pretty sure there's nothing you're going to be able to do about it and it won't do any good to appeal because the MRT simply reviews the decision to see if it was in accordance with the regulations and they state that a skills assessment is mandatory for DE applications.

 

A failed application won't prevent a new application and it won't affect your employment as long as your 457 is still valid. When does it expire? You'll be well past the 2 years for a TRT stream application now and if your 457 is still valid, you'll be able to set a TRT application in process. If your 457 has expired and you're now on a Bridging visa, that will be cancelled when the 186 application is denied and even if you get another one, I think that would prevent an onshore application.

 

You should consult a good RMA now before you go any further. If there's the slightest chance of a solution, now's the time to find out and if there isn't, you need to know if there are any other gotchas lurking around the corner.

 

Best of luck!

[SteveR]

Hi

Really sorry to hear your bad news today. I am just getting started on mine but from the UK.

I don't know much about your process but Ozmaniac above seems to have all that covered. However, I would say that if you need an agent, I was recommended Go Matilda.... they are fantastic and well worth their fees. They have offices in Oz too.

Good luck

[MarkyMarc]

That's really rotten news and I really feel for you - that's a very expensive mistake! I'm pretty sure there's nothing you're going to be able to do about it and it won't do any good to appeal because the MRT simply reviews the decision to see if it was in accordance with the regulations and they state that a skills assessment is mandatory for DE applications.

 

A failed application won't prevent a new application and it won't affect your employment as long as your 457 is still valid. When does it expire? You'll be well past the 2 years for a TRT stream application now and if your 457 is still valid, you'll be able to set a TRT application in process. If your 457 has expired and you're now on a Bridging visa, that will be cancelled when the 186 application is denied and even if you get another one, I think that would prevent an onshore application.

 

You should consult a good RMA now before you go any further. If there's the slightest chance of a solution, now's the time to find out and if there isn't, you need to know if there are any other gotchas lurking around the corner.

 

Best of luck!

 

 

Wow i really cant believe my life is unravelling right in front of my eyes through a basic oversight.. Worked it Australia for 3 years followed all the processes and now it looks like I might need to go home.

 

Since I am in Perth, can my employer not nominate me for a 187 Regional Visa? This is what I originally was expecting to be nominated for.

[MarkyMarc]

Just got off the line to the Immigration Dept

 

I have been told to immediately remove my application before it is denied. If it's denied I will not be able to make another onshore application.

 

So I have emailed the processing office in NSW asking that the application is removed. My employer is to do the same.

 

I can then be nominated for the 187 or 186 Transition scheme as I originally hoped. I must submit my application as I await the nomination to be approved.

 

Not sure ill get the money back but the lady on the phone said to at least give it a try.

 

Here's just hoping everything works out ok!

[flatpack]

Hope it works out for you

[Ozmaniac]

You really should consult a good RMA now before you go any further! Call @Alan Collett at Go Matilda.

[Raul Senise]

Hi All,

 

Quite a sombre first post unfortunately as I have just found out I have made a massive mistake with my 186 Visa.

 

I have been living in Perth for 3 years now with over 2 years at my employer on a 457 Visa.

 

My employer decided (not sure why) to apply for a 186 Direct Transition visa a couple of months before I would have been eligible for Direct Entry on either 186 or 187. I actually was told it would be a 187 visa before hand.

 

The nomination was approved in September 2014 and I decided against using a Migration agent (bad move). I submitted the application and decided to get the paperwork in order while awaiting a decision.

 

I received guidance and advice from a colleague who had gone through the same process and advised me that I wouldn't need a skills assessment as he didn't. This oversight was entirely my fault, I should have triple check this point.

 

Roll on 5 months and I have completed everything apart from the skills assessment and paid nearly $5000.00 for myself and de facto partner.

 

It has now dawned on me that my visa is going to be rejected due to the lack of Skills assessment. Even if I got it now it would not be valid. I cannot believe I made such a stupid error, I even checked with my employer and they stated that I wouldn't need one. However, I think they are getting confused with a 187 and 186.

 

To say I am devastated right now would be a major understatement, just wondering if anybody has any help/ advice on what to do. I believe the end of October 2014 applications are being processed now, which is the date I submitted it.

 

Thanks

 

Unfortunately, your story is not an uncommon one.

 

If it was a 186 application under the Direct Entry pathway, the Skills assessment is a time of application criteria unless you are an exempt applicant.

 

If it was a 187 application under the Direct Entry pathway, a skills assessment may not be required.

 

Receiving guidance from an employer or colleague who has gone through the same process often ends with problems. An employer, in most cases will not be aware of the Regulations and is often trying to save money. Your colleague may have applied at a different time with different Regulations, or under a different visa or pathway.

 

 

Just got off the line to the Immigration Dept

 

I have been told to immediately remove my application before it is denied. If it's denied I will not be able to make another onshore application.

 

So I have emailed the processing office in NSW asking that the application is removed. My employer is to do the same.

 

I can then be nominated for the 187 or 186 Transition scheme as I originally hoped. I must submit my application as I await the nomination to be approved.

 

Not sure ill get the money back but the lady on the phone said to at least give it a try.

 

Here's just hoping everything works out ok!

 

You should not rely on information from the Immigration Department helpline as they are notorious for giving bad information. See here for a recent blog in this regard.

 

If your 457 is still valid, a refusal would not stop you from making an onshore application.

 

Your chances of a refund are poor as they do not refund for mistakes.

 

Good luck with the process, I hope it works out for you.

[MarkyMarc]

Unfortunately, your story is not an uncommon one.

 

If it was a 186 application under the Direct Entry pathway, the Skills assessment is a time of application criteria unless you are an exempt applicant.

 

If it was a 187 application under the Direct Entry pathway, a skills assessment may not be required.

 

Receiving guidance from an employer or colleague who has gone through the same process often ends with problems. An employer, in most cases will not be aware of the Regulations and is often trying to save money. Your colleague may have applied at a different time with different Regulations, or under a different visa or pathway.

 

 

 

 

You should not rely on information from the Immigration Department helpline as they are notorious for giving bad information. See here for a recent blog in this regard.

 

If your 457 is still valid, a refusal would not stop you from making an onshore application.

 

Your chances of a refund are poor as they do not refund for mistakes.

 

Good luck with the process, I hope it works out for you.

 

Hi Raul,

 

Thanks for your advice, its really appreciated at this horribly stressful time.

 

My 457 visa ended in November last year, I am still in employment with my current work as I was on a bridging visa awaiting the decision of the 186. Are you saying I cannot make a 187/186 Direct entry application after this? The department said I would have 28 days to apply for another visa and I would meet the criteria as I have worked for more than 2 years with my employer.

 

Thanks,

[MaggieMay24]

I'd suggest you immediately contact a migration agent - there are several who post on this forum who are well-respected, including Raul.

 

Since you are already on a bridging visa, your options may be more limited than if the 457 was still in effect. You cannot take advice or information from DIBP and assume it is correct or your best strategy. A migration agent is much more knowledgeable and experienced to be able to help you.

[Ozmaniac]

You're most unlikely to get a refund - you should kiss the money goodbye and put it down to experience.

 

Because you're on a Bridging visa, if your visa application is denied, you will not be able to make an onshore application for a 186 or 187 via either stream.

 

If your 186 Direct Entry application is withdrawn before the application has been denied, you can make an application onshore for a 186 or 187 via the Temporary Residence Transition stream. You should however forget about the 187 as it's a more restrictive visa than the 186. Your employer will need to make a new nomination for a 186 via the TRT stream and you can't apply for the visa until the nomination has been applied for.

 

I've already said a couple of times on this thread that you should consult a good RMA - Raul is a very good agent who has been good enough to post to this thread but he may not make any further posts. You need professional advice and you need it now.

[Raul Senise]

Double click.

[Raul Senise]

Hi Raul,

 

Thanks for your advice, its really appreciated at this horribly stressful time.

 

My 457 visa ended in November last year, I am still in employment with my current work as I was on a bridging visa awaiting the decision of the 186. Are you saying I cannot make a 187/186 Direct entry application after this? The department said I would have 28 days to apply for another visa and I would meet the criteria as I have worked for more than 2 years with my employer.

 

Thanks,

 

I cannot offer specific advice without knowing all of the details of your specific case. I would recommend you make an appointment to see an Agent urgently. You should not rely on advice from the Immigration Department helpline as they are not liable for any of the information they provide.

 

Based on what you have stated there may be some issues and a new 457 may be a better short term option.

 

For the 186 Visa it is true that you can apply as long as you are the holder of a bridging visa A, B or C, however, for the Regulations for the nomination under TRT, requires the nomination identify a person who holds a 457 visa.

 

So what Immigration has advised may be technically correct, in so much as you could potentially lodge a visa, this does not mean it would be approved.

[MarkyMarc]

Well bad luck seems to come in threes and this is hopefully the last bit of it.

 

My employer cancelled the nomination, however their sponsorship permit ran out in February this year, they have resubmitted the application to have it renewed however at this stage they are unable to nominate for new cases until this is approved. Until this is approved they can’t progress a new nomination for me.

 

Can anybody recommend a migration agent in Perth?.. I have trying to contact Go Matilda but nobody has been available.

[Ozmaniac]

The agent doesn't necessarily need to be in Perth. Most of them do everything on the phone or via email. Raul has already helped you - you could do a lot worse than contacting him.

[MaggieMay24]

Your employer can submit a nomination as long as their sponsorship application has been lodged.

[mungbean]

You should not rely on information from the Immigration Department helpline as they are notorious for giving bad information. See here for a recent blog in this regard.

 

This is very useful, but worrying, to hear.

 

How about the VETASSESS advisory service? http://www1.vetassessadvisory.com.au/SRGO/Online/ They charge $130 for advisory session of which $50 can then be offset against the application. Does paying for the advice imply quality of service and a duty of care to the advisee?

 

Also, since I'm here... the MARA consumer guide says that MARA agents can only charge a "reasonable fee" https://www.mara.gov.au/media/152338/consumer_guide_english.pdf ... does this mean there's a ballpark rate we can expect from all registered agents? Do you guys charge by the hour or fixed fee?

 

Thanks

[Raul Senise]

This is very useful, but worrying, to hear.

 

How about the VETASSESS advisory service? http://www1.vetassessadvisory.com.au/SRGO/Online/ They charge $130 for advisory session of which $50 can then be offset against the application. Does paying for the advice imply quality of service and a duty of care to the advisee?

The Vetassess advisory service can be useful for obtaining basic advice before committing to the full skills assessment process. For example they can look at your qualifications and advise whether they are related to the occupation you want to nominate.

 

 

Also, since I'm here... the MARA consumer guide says that MARA agents can only charge a "reasonable fee" https://www.mara.gov.au/media/152338/consumer_guide_english.pdf ... does this mean there's a ballpark rate we can expect from all registered agents? Do you guys charge by the hour or fixed fee?

 

Thanks

This is a rough average of what most Agents charge for different visa processes. Prices will very depending on the complexity of the case, experience of the Agent, etc. Some Agents charge by the hour and others give a fixed price for a particular service.