DanFinchamCooke Posted August 6, 2016 Share Posted August 6, 2016 Hi all! I have a question I was hoping someone could answer. I'm currently on a bridging visa for a 457 but it might be rejected as they believe it is "Not a Genuine Position". If it gets rejected because of this I was thinking of applying for a 189 visa. Now if I do apply for a 189 visa, will the previous 457 rejection because of the "Not a Genuine Position" concern get flagged by immigration? Meaning the 189 visa application will also be rejected? Or, as long as I get a letter from my employer confirming I was employed by the company in that position, immigration will disregard the previous 457 rejection and just look at what I submit for the 189 application? I'm in a pickle as I have not idea what to do! Thanks in advance Dan Sent from my LG-D855 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 6, 2016 Share Posted August 6, 2016 A 457 rejection will not mean a 189 rejection. However note you may not be able to lodge onshore whilst on the bridging visa, something to look into. Quote Link to comment Share on other sites More sharing options...
DanFinchamCooke Posted August 6, 2016 Author Share Posted August 6, 2016 Thanks Bungo! Would you know if the 457 rejection (and why it was rejected) would be flagged if I apply for a 189, if not neccessarily rejected. Part of my points will include the experience in the "Not a Genuine Position" job and I dont know if immigration would disregard those points if they felt the position wasn't genuine. Sent from my LG-D855 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 6, 2016 Share Posted August 6, 2016 Thanks Bungo! Would you know if the 457 rejection (and why it was rejected) would be flagged if I apply for a 189, if not neccessarily rejected. Part of my points will include the experience in the "Not a Genuine Position" job and I dont know if immigration would disregard those points if they felt the position wasn't genuine. Sent from my LG-D855 using Tapatalk Yes of course they will see your history. Quote Link to comment Share on other sites More sharing options...
blossom Posted August 6, 2016 Share Posted August 6, 2016 There are questions on the visa application asking if you have ever been refused a visa (for anywhere). They are going to know. I'd be contacting a good migration agent before possibly paying out money and not having your work experience recognised. I can't imagine they would accept that work if they've already decided it wasn't in the nominated position. Quote Link to comment Share on other sites More sharing options...
DanFinchamCooke Posted August 6, 2016 Author Share Posted August 6, 2016 Thanks blossom. Would you, or anyone, know a good agent? Sent from my LG-D855 using Tapatalk Quote Link to comment Share on other sites More sharing options...
blossom Posted August 6, 2016 Share Posted August 6, 2016 There are lots who post on here. George Lombard, Alan from go Matilda. Many others. :-) Quote Link to comment Share on other sites More sharing options...
DanFinchamCooke Posted August 6, 2016 Author Share Posted August 6, 2016 Great! How would I find or contact them directly? (Sorry, long time member first time user) Sent from my LG-D855 using Tapatalk Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted August 7, 2016 Share Posted August 7, 2016 Go into the 'Ask the Agent' section of this forum. A whole load on there with bios so you can look through and pick one to contact. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 7, 2016 Share Posted August 7, 2016 If it's not a genuine position, it would be the nomination refused which would cause your visa application to be refused if you didn't withdraw it first. Having an application refused due to the nomination being refused shouldn't have any bearing on a 189 application. Quote Link to comment Share on other sites More sharing options...
DanFinchamCooke Posted August 7, 2016 Author Share Posted August 7, 2016 Thanks Tickled Pink and Maggie! Maggie, so does that mean any experience I get, even though it was deemed "Not Genuine"and the visa it related to got rejected, would still be valid as part of a 189 visa application? Sent from my LG-D855 using Tapatalk Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 8, 2016 Share Posted August 8, 2016 Thanks Tickled Pink and Maggie! Maggie, so does that mean any experience I get, even though it was deemed "Not Genuine"and the visa it related to got rejected, would still be valid as part of a 189 visa application? Sent from my LG-D855 using Tapatalk If a position was assessed as 'not genuine' this indicates that (in the opinion of the delegate) the position was 'manufactured' by the prospective employer and/or was assessed as not needed for the conduct of the business. It does not necessarily bear on the issue of whether it might be counted to satisfy some other criteria. You would be well advised to consult a registered migration agent for a professional assessment. Quote Link to comment Share on other sites More sharing options...
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