Skillselect ENS 186 Timeline

[BB88]

I spoke with Immi General Enquiries this morning regarding the latest email updates we received around the Company Nomination and my Application:

We are writing to inform you that your application for an Employer Sponsored Entry visa will shortly be allocated to a Decision Maker for assessment.

We are writing to inform you that your employer nomination application will shortly be allocated to a Decision Maker for assessment

I asked if they had received any other calls about this and the person I spoke to was not aware of any recent changes to their process or knew about the emails.  They were unable to provide any more information even though I read out word for word what was in each email.  It isn't their fault I know and they were empathetic to the situation.  In my gut, I feel like they do not actually mean anything, as people who applied a month ago have received the same emails, people who applied way before me haven't received them, and a selection of people on this forum did receive them.  It is all very confusing and frustrating.

I know everyone on here is going through similar situations (both positive and negative) and it is just really frustrating not knowing.  I just want to know on this date/time we will tell you a decision, regardless of what that decision is, so I can plan my life.  Not too hard to ask is it considering how long I have been in Australia?

End of rant

[BB88]

8 minutes ago, Alcar said:

Hi Guys,

Today my silver email was received (Nomination approved).

Anyone can please update my information in the spreadsheet.

Now waiting for the golden email 

Did you receive any automated emails recently advising your application or nomination application was processing and will be assigned to a decision maker?

[Alcar]

5 minutes ago, BB88 said:

Did you receive any automated emails recently advising your application or nomination application was processing and will be assigned to a decision maker?

Yes, we both (company and I) received the automated email last week

 

[Eva.L]

22 minutes ago, art said:

Does anyone know if submitting the application after 3 month after lodging the nomination actually delays the processing time? It is hard to judge on this from the spreadsheet data. 

Personal experience;

Nomination applied 28 Feb 2018

Application 31/07/2018

Documents requested for the nomination Feb 2019 exactly 6 months after the application was submitted. How I see it Yes it delays the process. But obviously each case is different. Just my opinion

[BB88]

Just now, Alcar said:

Yes, we both (company and I) received the automated email last week

 

Hmm, interesting.  See my rant above

Congratulations by the way!

[Louisa]

22 minutes ago, Alcar said:

Yes, we both (company and I) received the automated email last week

 

Good morning Alcar, may I ask you when did I you finish your health check, and was your company required more documents? Thank u!

[Alcar]

13 minutes ago, Louisa said:

Good morning Alcar, may I ask you when did I you finish your health check, and was your company required more documents? Thank u!

Hi Louisa,

My wife did the health check in June 2018 and I did it in November 2018.

No additional documents or information from the company. We just received the approval thru the MA by an email.

[BCS]

My nomination was rejected for training benchmark after 16 months' waiting yesterday. The case officer didn't realise I was internal full time trainer and did not count my salary into benchmark.  He did not acknowlge training invoices we provided for external training expenses either. Did not ask for bank transactions for payments but refused straight aways.

Previous nomination was approved in May 2017 with similiar documents and was approved without any questions.

My agent emailed yesterday for vacating decision, but my lawyer said home affair department does not have to power to do it.

Does anybody know possibility of vacating decision if obvious mistakes?

[sydneyishuk]

6 minutes ago, BCS said:

My nomination was rejected for training benchmark after 16 months' waiting yesterday. The case officer didn't realise I was internal full time trainer and did not count my salary into benchmark.  He did not acknowlge training invoices we provided for external training expenses either. Did not ask for bank transactions for payments but refused straight aways.

Previous nomination was approved in May 2017 with similiar documents and was approved without any questions.

My agent emailed yesterday for vacating decision, but my lawyer said home affair department does not have to power to do it.

Does anybody know possibility of vacating decision if obvious mistakes?

Sorry to hear this - is it possible for you to start again as now training benchmark is removed and replaced with SAF levy?

Training benchmark is only applied to Australian Citizens/ Australian PR training - training for staff who are not Australian Citizens/ Australian PR are not counted into this - hence why this is likely by it was rejected.

 

 

Edited April 11, 2019 by sydneyishuk

[Salikala]

Can you plz explain more ? 

Does they pay less training money you mean to say?

[BCS]

For external training expense, we provided more than 1% receipts. Case officer needs bankstatements to show it was paid. For internal training, all staff member but me are all citizens. I am the internal trainer. Case officer didnot realise it.

[sydneyishuk]

3 minutes ago, BCS said:

For external training expense, we provided more than 1% receipts. Case officer needs bankstatements to show it was paid. For internal training, all staff member but me are all citizens. I am the internal trainer. Case officer didnot realise it.

Can you share your details;

Occupation: 
State: 
Birth Country: 
Stream: 
Number of applicants: 
ENS 186 Nomination applied and Visa Application submitted: 
 

Here is a detailed run down of the training benchmarks examples - https://www.workvisalawyers.com.au/ens-186-visa-training-requirements.html

What is your occupation? A strong business case of why/how and many other details would have needed to be provided to explain the you were internal trainer (if your occupation is not a Training Position) You may have grounds for an appeal if the company definitely satisfied the training benchmark.  Also important that receipts are backed up with bank account statements proving the expenditure. 

The appeal process is > 1 year - I have heard even reaching to 2 years

So it may be worth reapplying if that is an option?

Wish you luck

[plobo]

On 10/04/2019 at 10:08, Aron said:

Hi Folks,

My visa was granted this early morning.  Thrilled. 

Details please see my signature. 

I want to say thanks to the forum. We have a lot of generous people who contribute here. I also want to thank @Hex. Though we never talked directly on the forum but you helped me with all the information you have been sharing  .   Also your forecast regarding the typical wait time (30 to 40 days)  after CO requests more documents kept me sane during the last 30 days.

 

 

This is a gift before my birthday and before my trip to Bali this weekend.

All the best to everyone, Your VISA is coming.

Hi Aron,

When your application status is updated, and you have imported it to your immi account,  do you receive any notification from them?

Regards,

Pedro

[BCS]

12 minutes ago, sydneyishuk said:

Can you share your details;

Occupation: 
State: 
Birth Country: 
Stream: 
Number of applicants: 
ENS 186 Nomination applied and Visa Application submitted: 
 

Here is a detailed run down of the training benchmarks examples - https://www.workvisalawyers.com.au/ens-186-visa-training-requirements.html

What is your occupation? A strong business case of why/how and many other details would have needed to be provided to explain the you were internal trainer (if your occupation is not a Training Position) You may have grounds for an appeal if the company definitely satisfied the training benchmark.  Also important that receipts are backed up with bank account statements proving the expenditure. 

The appeal process is > 1 year - I have heard even reaching to 2 years

So it may be worth reapplying if that is an option?

Wish you luck

My 457 occupation is 223311 Training and Development Professional. It is no longer on the list now. I have been working for the same company as Training Supervisor for 4.5 years.

I cannot apply for the same nomination at all.

My concern is by the time of AAT appeal, I will be over 45 and this occupation is not longer exist.  Will AAT review be based on transition legislation when I applied or legislation at the reviews?

 

[sydneyishuk]

Just now, plobo said:

Hi Aron,

When your application status is updated, and you have imported it to your immi account,  do you receive any notification from them?

Regards,

Pedro

Hi Pedro,

If you used a MA for your application they will be the ones who get notified.

However you can still see the status of your application by checking your immi account - also the mail that gets sent to your MA will be in the messages tab of your immi account.

 

[sydneyishuk]

1 minute ago, BCS said:

My 457 occupation is 223311 Training and Development Professional. It is no longer on the list now. I have been working for the same company as Training Supervisor for 4.5 years.

I cannot apply for the same nomination at all.

My concern is by the time of AAT appeal, I will be over 45 and this occupation is not longer exist.  Will AAT review be based on transition legislation when I applied or legislation at the reviews?

 

Hi BCS, I am assuming that the AAT will review information as when your applied - however please check with a few different MA's.

When my first nomination was refused I was in panic (we did not use MA for first nomination and application) I rang through to a lot of MA's who were happy to give advice over the phone for free.

Also maybe if your company/MA can respond to the CO who rejected to try and explain - I know that 1 or maybe 2 cases on here that has been successful?

 

[Hex]

1 minute ago, BCS said:

My 457 occupation is 223311 Training and Development Professional. It is no longer on the list now. I have been working for the same company as Training Supervisor for 4.5 years.

I cannot apply for the same nomination at all.

My concern is by the time of AAT appeal, I will be over 45 and this occupation is not longer exist.  Will AAT review be based on transition legislation when I applied or legislation at the reviews?

 

@BCS This is really unfortunately and i'm sorry to hear about your situation. 

To add to the stress of this, through all the many AAT appeals I've seen and heard of, I'm only ever seen one successful, which was from @boo-yaa on this forum. 
- See this post: 

My suggestion, as much as you might not want to hear it, is to;
- Speak directly to @boo-yaa, perhaps they could shed some light / offer some advise.
- Failing this, plan for the worst and speak with your MA on other options, as AAT appeal is apparently very difficult to get done. 

Keep us posted and good luck! 

[Jerita]

57 minutes ago, BCS said:

My nomination was rejected for training benchmark after 16 months' waiting yesterday. The case officer didn't realise I was internal full time trainer and did not count my salary into benchmark.  He did not acknowlge training invoices we provided for external training expenses either. Did not ask for bank transactions for payments but refused straight aways.

Previous nomination was approved in May 2017 with similiar documents and was approved without any questions.

My agent emailed yesterday for vacating decision, but my lawyer said home affair department does not have to power to do it.

Does anybody know possibility of vacating decision if obvious mistakes?

Really sorry to hear that , your sixteen months are wasted because one case officer thought so . I completely disagree with the way they are taking Immigration now. You like this country , you want to stay here , you follow rules but at the end we have to pack our bags and go back. I hope you get some help which will help you to fight back. I have done that as well my 457 Visa was cancelled because the employer didn’t apply for nomination in required time . I hope you get some good news .

[BCS]

26 minutes ago, Hex said:

@BCS This is really unfortunately and i'm sorry to hear about your situation. 

To add to the stress of this, through all the many AAT appeals I've seen and heard of, I'm only ever seen one successful, which was from @boo-yaa on this forum. 
- See this post: 

My suggestion, as much as you might not want to hear it, is to;
- Speak directly to @boo-yaa, perhaps they could shed some light / offer some advise.
- Failing this, plan for the worst and speak with your MA on other options, as AAT appeal is apparently very difficult to get done. 

Keep us posted and good luck! 

Thank you so much HEX !

I was very disappointed by my lawyer who told me that I had no hope for vacating decisions because they don't have power to withdraw decisions even in mistakes.

Now I am starting to prepare more documents mentioned in the letter and hopefully it helps.

I've left message for boo-yaa, hopefully he can see it.

[BB88]

4 minutes ago, BCS said:

Thank you so much HEX !

I was very disappointed by my lawyer who told me that I had no hope for vacating decisions because they don't have power to withdraw decisions even in mistakes.

Now I am starting to prepare more documents mentioned in the letter and hopefully it helps.

I've left message for boo-yaa, hopefully he can see it.

Best of luck BCS!

[Hex]

This was an accidental post, which has now been edited. Does anyone know how to delete them? 
 

Edited April 11, 2019 by Hex

[boo-yaa]

37 minutes ago, BCS said:

Thank you so much HEX !

I was very disappointed by my lawyer who told me that I had no hope for vacating decisions because they don't have power to withdraw decisions even in mistakes.

Now I am starting to prepare more documents mentioned in the letter and hopefully it helps.

I've left message for boo-yaa, hopefully he can see it.

My nomination was refused due to error. My application was slightly more complicated then most and I can see how they came to that decision however there was specific policy in place which they didn't know about or missed.

My agent, was able to send off a request to vacate the decision (I assume by email) and luckily, it caught the interest of someone and the decision was over turned and my visa granted.

I must stress however that my agent did confirm to me that there was no legislation or process in place for situations like this. They could have easily just ignored the request.

Sorry, I'm not going to share my agents name or contact details. Why? As I don't want them inundated with emails/calls when someone has a nomination refused. I just don't think that would be fair. Again, it would be up to the agent who submitted your application to look for solutions and provide a path forward for yourself.

Good luck and I hope your situation is resolved quickly. If you have any other questions I will try to help as best I can....
 

 

Edited April 11, 2019 by boo-yaa

[BCS]

17 minutes ago, boo-yaa said:

My nomination was refused due to error. My application was slightly more complicated then most and I can see how they came to that decision however there was specific policy in place which they didn't know about or missed.

My agent, was able to send off a request to vacate the decision (I assume by email) and luckily, it caught the interest of someone and the decision was over turned and my visa granted.

I must stress however that my agent did confirm to me that there was no legislation or process in place for situations like this. They could have easily just ignored the request.

Sorry, I'm not going to share my agents name or contact details. Why? As I don't want them inundated with emails/calls when someone has a nomination refused. I just don't think that would be fair. Again, it would be up to the agent who submitted your application to look for solutions and provide a path forward for yourself.

 

 

 

Thank you Boo-yaa! It is very helpful for me. I appreciate your prompt feedbacks which encourage me heaps!

Do you think if I can make an appointment with your agent if I pay for it? 

[boo-yaa]

29 minutes ago, BCS said:

 

Thank you Boo-yaa! It is very helpful for me. I appreciate your prompt feedbacks which encourage me heaps!

Do you think if I can make an appointment with your agent if I pay for it? 

Personally - I don't think you have the time to start changing agents.

The decision to vacate the decision would need to be done before the AAT appeal deadline. From memory I think its 21 days after nomination refusal.

So in effect you only have 21 days to decide how your going to progress. 

 

[Cbyrne11]

3 hours ago, BCS said:

My nomination was rejected for training benchmark after 16 months' waiting yesterday. The case officer didn't realise I was internal full time trainer and did not count my salary into benchmark.  He did not acknowlge training invoices we provided for external training expenses either. Did not ask for bank transactions for payments but refused straight aways.

Previous nomination was approved in May 2017 with similiar documents and was approved without any questions.

My agent emailed yesterday for vacating decision, but my lawyer said home affair department does not have to power to do it.

Does anybody know possibility of vacating decision if obvious mistakes?

That's horrible to hear, I really hope that you can sort this out. 

Seems like it was a mistake, hopefully your MA can get in touch with someone in DOHA and get it looked at. Has increased my nerves 100%.

Does anyone know if the training requirement are any different between 186 & 457 visas, we have had two people in my company approved for 457 visas that applied the same month or before I did for my 186 visa. I assume it would be the same documentation attached to mine and hoping it is ok, as it's the only part that I don't know about.