emilyaizai Posted November 6, 2016 Share Posted November 6, 2016 Both me and my MA made a mistake of the visa approval date. And I still didn't believe my MA didn't checked the date before lodging my 186 application. As a result, the application is actually 10 days earlier than the 2 years requirement. Then 1 day ago, we found out this big mistake as the timeline is approaching. The MA asked us to wait a little bit more until a CO allocated. But I am thinking should I withdraw the application straightly and lodge another new one? Or better wait few more days? I was waiting all the way until now, frustrated. But this nightmare just made the waiting even worse. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Mark Northam Posted November 6, 2016 Share Posted November 6, 2016 Hi Emilyaizai - Assuming your migration agent had a copy of your 457 visa or access to the information that showed the grant date, that's a huge mistake and one that the agent should compensate you for if you are out of pocket any money. While we're all human beings and all make mistakes, in the end the one who makes the mistake is the one who should pay. If you have not been the holder of one or more 457 visas for at least 2 years during the 3 years prior to application, the 186 nomination will be refused. Suggest you have your migration agent check into withdrawing the defective nomination and lodging a new one, this time after the 2 years has been met. If you're fortunate, DIBP will link the 186 visa application to the new nomination and proceed - the ability to re-link a 186 visa application to a new nomination is one that has been the subject of a lot of discussion and some controversy over the last couple of years - suggest you consider this route, as the only alternative is withdrawing the nomination AND visa application (and losing your visa application fees) and re-lodging a new set. Hope this helps - Best, Mark Northam Quote Link to comment Share on other sites More sharing options...
emilyaizai Posted November 6, 2016 Author Share Posted November 6, 2016 Thank you very much for your reply. But I just have a question is the actual nomination has passed 2 years, as the 457 nomination was approved February in 2014, visa applied afterwards and approved April. However, this time, both nomination and visa was applied in April 2016, which was 10 days earlier than 2 years of holding 457 visa. So will your suggestion still work the same? Thank you again sincerely for your suggestion. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Mark Northam Posted November 6, 2016 Share Posted November 6, 2016 Hi - Part of the requirement for the nomination if the person is applying under the TRT stream for the 186 visa is that the proposed visa applicant has held one or more 457 visas for a total of 2 years during the 3 years prior to the date the nomination was lodged. This means the nomination cannot be lodged prior to the completion of the 2 year period for the TRT stream, or the nomination will be refused based on not meeting the 2 year requirement. Wish things were different, but this is a classic example of how and why migration law is such a complex and detailed part of Australian law, and utterly unforgiving in many ways like this one - there's no "unless the Minister is satisfied xxxxx" or something like that - it's a black & white requirement that is either met or not. However this is something that your migration agent owed a duty to inform you of - it's not your job, after all, to go plowing through all the regulations and check everything yourself, although in the eyes of DIBP they will always put ultimate responsibility on the applicant(s) even if the agent provided incorrect advice. Best, Mark Northam Quote Link to comment Share on other sites More sharing options...
emilyaizai Posted November 7, 2016 Author Share Posted November 7, 2016 Thank you deeply for your explain. Now I totally understand. And I decided to withdraw and apply again, which seems the fastest and safest way to minimise waiting. However, the most costing way as well. But still until now, I haven't heard a word of "sorry" from my MA, even he promise to do all the process as fast as he can, I really want to hear a "sorry" to comfort myself. Once again, thank you. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
emilyaizai Posted November 7, 2016 Author Share Posted November 7, 2016 Hello, Mark Northam, May I please ask you just one more advice? I actually received contact from CO today requesting only few more documents before my MA submit withdraw application. Should I still withdraw? Or should I just try to submit the requested documents and see the fortune? Thanks heaps. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
emilyaizai Posted November 7, 2016 Author Share Posted November 7, 2016 Hi - Part of the requirement for the nomination if the person is applying under the TRT stream for the 186 visa is that the proposed visa applicant has held one or more 457 visas for a total of 2 years during the 3 years prior to the date the nomination was lodged. This means the nomination cannot be lodged prior to the completion of the 2 year period for the TRT stream, or the nomination will be refused based on not meeting the 2 year requirement. Wish things were different, but this is a classic example of how and why migration law is such a complex and detailed part of Australian law, and utterly unforgiving in many ways like this one - there's no "unless the Minister is satisfied xxxxx" or something like that - it's a black & white requirement that is either met or not. However this is something that your migration agent owed a duty to inform you of - it's not your job, after all, to go plowing through all the regulations and check everything yourself, although in the eyes of DIBP they will always put ultimate responsibility on the applicant(s) even if the agent provided incorrect advice. Best, Mark Northam Hello, Mark Northam, May I please ask you just one more advice? I actually received contact from CO today requesting only few more documents before my MA submit withdraw application. Should I still withdraw? Or should I just try to submit the requested documents and see the fortune? Thanks heaps. Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Mark Northam Posted November 7, 2016 Share Posted November 7, 2016 Hi - I don't have enough information to give you specific advice. If you are offshore a refusal may not be all that different than a withdrawal re: your circumstances and future applications, however if you are onshore that's a different story. Happy to assist you at a consultation - you can get more information on this at our website (see signature). Best, Mark Quote Link to comment Share on other sites More sharing options...
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