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187 Visa Appeal


cerysp86

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Hi guys,

 

We found out today that our 187 application has been refused. We are completely devastated.

 

We plan on appealing with the help of my so's company lawyers - does anyone have any experience with appealing? I've read that it can be a long process and quite costly.

 

Any insight gratefully received.

 

Thanks in advance.

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Hi guys,

 

We found out today that our 187 application has been refused. We are completely devastated.

 

We plan on appealing with the help of my so's company lawyers - does anyone have any experience with appealing? I've read that it can be a long process and quite costly.

 

Any insight gratefully received.

 

Thanks in advance.

 

Hi,

 

I am sorry to hear of your 187 refusal.

 

When did you hear of the refusal? There are strict time frames on lodging an appeal.

Was the nomination refused? And therefore the visas? Or were the visas refused after a successful nomination?

Are you in Australia or offshore?

What was the reason for the refusal?

 

These questions would need to be answered and understood by anyone you're working with on an appeal.

 

Joy

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Sorry, I worded my original post incorrectly - our letter actually says nomination refused, meaning our Visa cannot be approved.

 

Am I right to assume this is to do with the job role?

 

Hi,

 

I just saw this post.

 

The reasons for the refusal will be outlined in the Immigration letter, based on migration legislation.

 

Joy

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Thanks Joy, I just can't seem to see a reason in the letter.

 

The letter states that, 'The nomination submitted to the department by xx company listing you as there nominee has been refused. Meaning visa cannot be approved.'

Then it goes on to list our options.

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Thanks Joy, I just can't seem to see a reason in the letter.

 

The letter states that, 'The nomination submitted to the department by xx company listing you as there nominee has been refused. Meaning visa cannot be approved.'

Then it goes on to list our options.

 

OK. It is the nomination that has been refused. Your nominating employer would have the Immigration letter outlining the reasons for the refusal. The date on that letter is very important.

 

Joy

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With some visas, if the issues that caused the nomination refusal can be quickly addressed and a new nomination lodged, you can then have your existing application linked up so that your application isn't refused as well. I know this can be done with 457 visas, but not sure about the 187. If your employer isn't already working with a registered migration agent, they should engage one immediately to see if your existing application can be salvaged before it's refused or you need to withdraw it.

 

The nomination stage usually isn't expensive so depending on the reason for refusal, it may be cheaper to simply lodge a new nomination vs. appealing the decision.

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With some visas, if the issues that caused the nomination refusal can be quickly addressed and a new nomination lodged, you can then have your existing application linked up so that your application isn't refused as well. I know this can be done with 457 visas, but not sure about the 187. If your employer isn't already working with a registered migration agent, they should engage one immediately to see if your existing application can be salvaged before it's refused or you need to withdraw it.

 

The nomination stage usually isn't expensive so depending on the reason for refusal, it may be cheaper to simply lodge a new nomination vs. appealing the decision.

 

Hi,

 

This is possible for a 457 application but not for a 187 visa.

 

If the refusal is not appealed, a new nomination will need to be lodged, and new visa application.

 

I think professional migration assistance would be helpful in your case.

 

Joy

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Thank you so much for your replies, we will be seeking help from a professional. It's just good to have a bit of advice. thank you.

 

Be mindful of time and act quickly as there is only a limited time to appeal the decision.

 

The appeal for the nomination is an appeal by your employer.

 

As the nomination has been refused, the visa will also be refused in due course. The visa refusal will also need to be appealed by you.

 

The reason for refusal needs to be examined carefully as there may be no point appealing if the refusal is correct and there is no scope for a successful appeal.

 

Depending on your current visa status and the reason for the refusal, it may be quicker and cheaper to reapply.

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