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Hey hey,

So I have a situation here...

Basically, my partner's employer doesn't want to let him go and he's ready to fight and appeal. Our migration agent says that it doesn't make sense because the chances are super low.

My partner said to the boss that if they want to keep him, they literally have one month to get him a PR as he already resigned. The boss says that they will make the application being fast-tracked (don't ask me why would we fit in in being fast-tracked as I can't find any reasonable explanation) and he will get support. They have a meeting today with another migration agent. Anyway, did anyone hear about the consequences and risks when the appeal is being rejected?

We know we would have to leave Australia to apply for another visa as you can't do it onshore, is there anything else?

Thanks in advance!

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3 minutes ago, Stefmelb said:

My family of 6 has been living in Australia for almost 8 years. Waiting 16 months so far for PR. Our nomination was approved over 8 months ago. We've had a request for more information (form 80), had another baby while waiting for PR, added him to the application, then a request for his health which was submitted May 25 2019. I feel like each request for more information is putting us right back at the bottom of the pile. Anyone else experiencing this? 

Exactly,each time they request document wait gets longer.

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1 hour ago, SAJ.N said:

Hi Nat,

So sorry to hear that.

How about 189 Skilled visa? It's heaps faster .

Heyy,

It is our second option, but my partner would have to pass IELTS on like 8.0 (?) to have enough points.

If 186 will completely fail, then we will try to go on 189 🙂

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10 minutes ago, Stefmelb said:

My family of 6 has been living in Australia for almost 8 years. Waiting 16 months so far for PR. Our nomination was approved over 8 months ago. We've had a request for more information (form 80), had another baby while waiting for PR, added him to the application, then a request for his health which was submitted May 25 2019. I feel like each request for more information is putting us right back at the bottom of the pile. Anyone else experiencing this? 

Don't tell me... getting crazy here...

Same situation... only we applied in April 2017

They requested new medical checks on 10th of April 2019... still waiting...

Tried to ring last week... they haven't even asked for our names or reference number, they just gave us a super generic email where to ask more info..

Useless...

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16 minutes ago, natmis said:

Hey hey,

So I have a situation here...

Basically, my partner's employer doesn't want to let him go and he's ready to fight and appeal. Our migration agent says that it doesn't make sense because the chances are super low.

My partner said to the boss that if they want to keep him, they literally have one month to get him a PR as he already resigned. The boss says that they will make the application being fast-tracked (don't ask me why would we fit in in being fast-tracked as I can't find any reasonable explanation) and he will get support. They have a meeting today with another migration agent. Anyway, did anyone hear about the consequences and risks when the appeal is being rejected?

We know we would have to leave Australia to apply for another visa as you can't do it onshore, is there anything else?

Thanks in advance!

Hi Natmis,

 

Why should you leave Australia and then apply for a new visa?

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11 minutes ago, natmis said:

Heyy,

It is our second option, but my partner would have to pass IELTS on like 8.0 (?) to have enough points.

If 186 will completely fail, then we will try to go on 189 🙂

@natmis He should only need a 6 on IELTS in the general sitting. 

The only reason you would need the 8.0 is if you needed extra points or were in a profession that required it (academic test) - i.e. teacher / doctor. 

If he did school in English, proof of 5 years (in English) should also suffice. 
- Alternatively, you could get him to do a skill assessment and go DE 🙂

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Just now, Anajmi said:

Hi Natmis,

 

Why should you leave Australia and then apply for a new visa?

Hi,

Sorry, I should probably quote my previous post. In short, employer's nomination has been refused and we wanted to withdraw the application.

They want to appeal but our migration agent says there is a vary small chance to win an appeal and tbh I don't have nerves to wait another god knows how many months.

We found out that if the appeal is being refused as well, you can't apply for any other visa being onshore -> you need to leave and apply offshore.

The question is - what are other consequences of appeal being rejected? 

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20 minutes ago, natmis said:

Hey hey,

So I have a situation here...

Basically, my partner's employer doesn't want to let him go and he's ready to fight and appeal. Our migration agent says that it doesn't make sense because the chances are super low.

My partner said to the boss that if they want to keep him, they literally have one month to get him a PR as he already resigned. The boss says that they will make the application being fast-tracked (don't ask me why would we fit in in being fast-tracked as I can't find any reasonable explanation) and he will get support. They have a meeting today with another migration agent. Anyway, did anyone hear about the consequences and risks when the appeal is being rejected?

We know we would have to leave Australia to apply for another visa as you can't do it onshore, is there anything else?

Thanks in advance!

@natmis That's great news - i'm glad to hear it. The only question I have is; 

How would the employer ensure to get any response from the department within 1 month?
Honestly - unless they have someone in the department to help, or an agent that "knows someone, that knows someone 🙂 ", I don't see it possible. 
- Also, if this was the case, surely they would have used this "connection" to speed your previous applications up. What's changed that they now have access to 1 month response? 

Although it's great that the employer wants you guys, i'd be careful to not put your eggs in one basket and have a fall back strategy (which it sounds like you do), just in case. 

 

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3 minutes ago, natmis said:

Hi,

Sorry, I should probably quote my previous post. In short, employer's nomination has been refused and we wanted to withdraw the application.

They want to appeal but our migration agent says there is a vary small chance to win an appeal and tbh I don't have nerves to wait another god knows how many months.

We found out that if the appeal is being refused as well, you can't apply for any other visa being onshore -> you need to leave and apply offshore.

The question is - what are other consequences of appeal being rejected? 

@natmis I'm curious - if his employer is so keen to keep him. Could he not simply "sponsor" a DE visa, or even better a 189 (if you guys qualify for it). 
- When i say sponsor, I mean as in to pay for it. 

If your 457 is running out, I've had a friend go from a 457 to the new equivalent (482) within about a month of application (they really quick).

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1 minute ago, Hex said:

@natmis That's great news - i'm glad to hear it. The only question I have is; 

How would the employer ensure to get any response from the department within 1 month?
Honestly - unless they have someone in the department to help, or an agent that "knows someone, that knows someone 🙂 ", I don't see it possible. 
- Also, if this was the case, surely they would have used this "connection" to speed your previous applications up. What's changed that they now have access to 1 month response? 

Although it's great that the employer wants you guys, i'd be careful to not put your eggs in one basket and have a fall back strategy (which it sounds like you do), just in case. 

 

Well, that's a good question. As far as I know, the start up is supported by the government as they are working on the common project so they know some people.  

They can't ensure us that we will get a PR within a month so our priority now is to find another employer and that's what we're focusing on.

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5 minutes ago, Hex said:

@natmis I'm curious - if his employer is so keen to keep him. Could he not simply "sponsor" a DE visa, or even better a 189 (if you guys qualify for it). 
- When i say sponsor, I mean as in to pay for it. 

If your 457 is running out, I've had a friend go from a 457 to the new equivalent (482) within about a month of application (they really quick).

He actually did pay for it, and he's keen to cover all costs.

We weren't on 457 visa, we came to Australia on 476 visa and then, after 1.5 year, applied for 186 DE.

 

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On 10/04/2019 at 16:35, AMcclain said:

Hey Mate,

Thats sad to hear. Did they mention the reason as to why they refused the nomination ? What has your MA suggested ?

Hi Guys,

Sad news.., After a long wait of 15 and a half months my nomination got rejected. The reason is that the training levy which was to be paid every year was paid in lump-sum ( was just overlooked and not intentional by the company ) before lodging the nomination. It was paid in full by a sister-company under the company i work for. Basically it is the same company with same people. Can anyone shed some light as to why this could be a issue? I now have to decide to withdraw or to wait out the 28 days and then appeal to the AAT. My MA says we have a case but it could take 1-1.5 years to get the case opened with AAT. Do you know if they can fast-track cases or do they pick-up quicker cases. Very disheartened and sad..In shock .. Any suggestions or ideas ??

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16 minutes ago, AMcclain said:

Hi Guys,

Sad news.., After a long wait of 15 and a half months my nomination got rejected. The reason is that the training levy which was to be paid every year was paid in lump-sum ( was just overlooked and not intentional by the company ) before lodging the nomination. It was paid in full by a sister-company under the company i work for. Basically it is the same company with same people. Can anyone shed some light as to why this could be a issue? I now have to decide to withdraw or to wait out the 28 days and then appeal to the AAT. My MA says we have a case but it could take 1-1.5 years to get the case opened with AAT. Do you know if they can fast-track cases or do they pick-up quicker cases. Very disheartened and sad..In shock .. Any suggestions or ideas ??

Hi  AMcclain

Sorry to hear that. What do you mean by saying training levy per year? My company has paid only 3000 for training levy. Is there anything that is missed here?

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On 05/06/2019 at 10:49, Jk000 said:

I applied 186 trt from 457

Occupation..  cook

Nomination  and visa applied.. 06 Dec 2018

Nomination approved.. 21 May

Request information..  21 May(health check, police report)

Request submitted..  30 May 

Still i can see initial assessment 

 

How long will take to get pr ..🤔🤔🤔🤔🤔

Very soon congratulations 

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Thank you everyone for making amazing effort in building this forum. Came here since 2011 and never thought i would have stay on since then and on different visas. Today i finally received my golden email. Still feeling on cloud nice and wish everyone all the best! your time will come soon! 

  • Congratulations 6
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12 hours ago, Hex said:

@Rik9 If it's just a name change then I don't see it having any impact on your visa. 

Worst case is they might need to re-run some checks (against the new name) but I don't see if causing an issue. I do think it's something you need to let them know of though. 

Cheers @Hex. That was my thought too, I will just let them know as soon as I have the formal paperwork.

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7 hours ago, natmis said:

Heyy,

It is our second option, but my partner would have to pass IELTS on like 8.0 (?) to have enough points.

If 186 will completely fail, then we will try to go on 189 🙂

hello

i think visa 189 and 190 are good option for PR . We also face refusal in PR because our owner sold his business . So my husband decide to apply visa 190. We have only 65 point and occupation is cook.

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47 minutes ago, Dhakalbinod said:

Anybody have idea about ens 186 visa processing .i want to share my situation,ens trt applied January 2018, employer side documents neither  requested nor nomination approved yet, but got a request of s56 information asking for overseas police clearance of applicant  and dependent English on 25 march 2019  which was submitted on april 4 2019 .upto now no updates.waiting time really killing me ,anyone have idea about it would be appreciable

 

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