NnN Posted August 23, 2019 Share Posted August 23, 2019 @xushuang923not a genuine position was reason given by CO. Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted August 23, 2019 Share Posted August 23, 2019 (edited) 25 minutes ago, NnN said: Hi all I am new to this forum. My concern is that I am on bridging visa A as I applied 186 TRT nomination and visa in Feb 2019. On August 20 nomination got refused and my employer have 21 days to apply AAT. I received letter from department to withdraw or to wait to get my visa refusal so I can apply AAT after refusal. I don't know what to do? What options I have? Is this possible that I can reapply my nomination from same employer and also apply new visa file and withdraw my old visa file while I am on bridging visa. PLZ SUGGEST ME. Hi NnN, I would suggest consulting with a Migration Agent / Lawyer as it can be complex. Is your Employer going to Appeal? What was the reason behind the refusal? Here are some options 1. Withdraw your application and Re-apply. This will mean a new Nomination and Application. If you re-apply you will be on a Bridging visa C - which will have a no travel restriction. Meaning you have to stay within Australia until your Visa is granted. 2. Employer Nomination Appeal to AAT and You also apply to AAT. However (I am not 100% sure on this) I believe if the appeal is unsuccessful you will have a Section 48 bar on applying for another visa within Australia. Edited August 23, 2019 by sydneyishuk 1 Quote Link to comment Share on other sites More sharing options...
NnN Posted August 23, 2019 Share Posted August 23, 2019 5 minutes ago, BigBan said: Hi @NnN, please provide some more details of your current visa. As you mentioned that you applied for 186 TRT. If you were is Australia at the time of lodgement of your application, what Visa you were in at that time and what is the expiry date of it? I am on bridging visa A At the moment. I was on 457 when I applied but my 457 is finished now. Nomination is refused on 20th August. I have not got any decision on my visa file. Quote Link to comment Share on other sites More sharing options...
Hex Posted August 23, 2019 Share Posted August 23, 2019 1 minute ago, NnN said: I am on bridging visa A At the moment. I was on 457 when I applied but my 457 is finished now. Nomination is refused on 20th August. I have not got any decision on my visa file. @NnN Regarding this: "I have not got any decision on my visa file" --> you visa will be refused now, due to the nomination getting rejected. I agree with @sydneyishuk in that you should speak with an MA, especially as this has a timeline associated to it. Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted August 23, 2019 Share Posted August 23, 2019 3 minutes ago, NnN said: I am on bridging visa A At the moment. I was on 457 when I applied but my 457 is finished now. Nomination is refused on 20th August. I have not got any decision on my visa file. Hi NnN, Further to my advice above. If your employer is not appealing the Nomination Refusal then you should withdraw your visa application. As a refused visa application is something you need to claim when applying for other visas here in Australia or for visa overseas. You would have received a notification of the nomination refusal, which will give you 28 days to comment/take action. So if you are not appealing then on the 28th day you should withdraw your application. This will then give you a further 21 days before you have to leave the country or re-submit a visa application. However as I mentioned above as you are already on a BVA submitting a new visa application you will move to a Bridging Visa C. And you will not be able to leave the country until the visa is approved. Again as mentioned above it is very important to talk to a Migration Agent / Lawyer to weigh out your options and best chances. Good luck and keep us updated. Quote Link to comment Share on other sites More sharing options...
donsh443 Posted August 23, 2019 Share Posted August 23, 2019 Wow, it's my day!!!!!! Got my golden email~everyone keeps clam, your visa might be just around the corner:) 12 Quote Link to comment Share on other sites More sharing options...
Sere Posted August 23, 2019 Share Posted August 23, 2019 3 hours ago, NnN said: @xushuang923not a genuine position was reason given by CO. For what position did u applied that they regused for not genuine position? Quote Link to comment Share on other sites More sharing options...
Pradip12 Posted August 23, 2019 Share Posted August 23, 2019 Actually it’s so annoying , it’s been almost 2 month after nominations approved , my application hasn’t moved from ‘RECEIVED’, yeah , it’s true people are waiting from last 2 years but it’s stressful when we see some people got there golden email in 2-3 weeks time . Immigration really needs to work on FIFO(first in first out) method, it’s seems not fair for many of those who are still waiting for some good news??I am not being offensive for those who got there golden email early , just sharing the feelings.. Quote Link to comment Share on other sites More sharing options...
Jerita Posted August 23, 2019 Share Posted August 23, 2019 Just now, Pradip12 said: Actually it’s so annoying , it’s been almost 2 month after nominations approved , my application hasn’t moved from ‘RECEIVED’, yeah , it’s true people are waiting from last 2 years but it’s stressful when we see some people got there golden email in 2-3 weeks time . Immigration really needs to work on FIFO(first in first out) method, it’s seems not fair for many of those who are still waiting for some good news??I am not being offensive for those who got there golden email early , just sharing the feelings.. Brother atleast your nomination is approved if they start working on FIFO applications from last year should be the first preference but in my case nothing has happened they took the money and I have to wait for them to take decision. Now they don’t need that many people before they were giving out PR on platter. Quote Link to comment Share on other sites More sharing options...
Jerita Posted August 23, 2019 Share Posted August 23, 2019 Just now, Jerita said: Brother atleast your nomination is approved if they start working on FIFO applications from last year should be the first preference but in my case nothing has happened they took the money and I have to wait for them to take decision. Now they don’t need that many people before they were giving out PR on platter. But just to let you know you will get it sooner Quote Link to comment Share on other sites More sharing options...
Pradip12 Posted August 23, 2019 Share Posted August 23, 2019 1 minute ago, Jerita said: Brother atleast your nomination is approved if they start working on FIFO applications from last year should be the first preference but in my case nothing has happened they took the money and I have to wait for them to take decision. Now they don’t need that many people before they were giving out PR on platter. That’s what I am saying too. I am not talking about myself , I am just feeling for those people out there who are waiting from end of 2017 Quote Link to comment Share on other sites More sharing options...
Pradip12 Posted August 23, 2019 Share Posted August 23, 2019 2 minutes ago, Jerita said: But just to let you know you will get it sooner I don’t care I will get sooner or later , but I think it’s should be fair for everyone, I understand different application has a different terms and condition but atleast they need to be effective on regarding application. Quote Link to comment Share on other sites More sharing options...
mes Posted August 23, 2019 Share Posted August 23, 2019 (edited) 5 hours ago, NnN said: Hi all I am new to this forum. My concern is that I am on bridging visa A as I applied 186 TRT nomination and visa in Feb 2019. On August 20 nomination got refused and my employer have 21 days to apply AAT. I received letter from department to withdraw or to wait to get my visa refusal so I can apply AAT after refusal. I don't know what to do? What options I have? Is this possible that I can reapply my nomination from same employer and also apply new visa file and withdraw my old visa file while I am on bridging visa. PLZ SUGGEST ME. As others mentioned, you should get MA to help you but I was in similar situation so let me give you some hint (but I am not MA). You can't apply 186 again because you are on bridging visa now. You can apply for 186 only if you are currently sponsored. Your options: Appeal: Your employer appeal nomination refusal and you appeal application refusal (each is I think $1750). This way you will stay on bridging visa and if your employer is able to prove genuine need (that mean that decision was incorrect), it should be ok. BUT it takes forever for AAT to open your case, currently probably around 1.5-2 years. New 186 application: Your employer has to sponsor you again on 482 visa (same occupation you had on 457). Once you are sponsored again, you can send new 186 nomination and application straight away (you don't have to wait 2 years again). But again, I am not MA but only talking from my own experience (and my case might have been bit different) Edited August 23, 2019 by mes Quote Link to comment Share on other sites More sharing options...
xushuang923 Posted August 23, 2019 Share Posted August 23, 2019 hi @NnN if you currently on bringing visa A, then your employer can reapply 186 nomination only (cos I am in the similar situation) . If the new nomination approved,then you can apply 186 visa offshore. Please discuss these with MA or lawyer before action. Quote Link to comment Share on other sites More sharing options...
BigBan Posted August 23, 2019 Share Posted August 23, 2019 57 minutes ago, Jerita said: Brother atleast your nomination is approved if they start working on FIFO applications from last year should be the first preference but in my case nothing has happened they took the money and I have to wait for them to take decision. Now they don’t need that many people before they were giving out PR on platter. 50 minutes ago, Pradip12 said: I don’t care I will get sooner or later , but I think it’s should be fair for everyone, I understand different application has a different terms and condition but atleast they need to be effective on regarding application. Hi @Jerita and @Pradip12, I share your pain and I know how hard it is to wait. Though I did not wait as long as you guys but I know how painful each day is and the process to log in to immi account to just get some news. I would have agreed to your FIFO and fair arguments, if the world we live in is simply perfect. If processes in each countries take same time, each job is similar to other, each businesses works similar to other and demand for every opportunity is same, then we could achieve a fair and FIFO system. Eventually, this would make immigration a waste. But the world is not perfect and no two things are same. Assume department adopts FIFO system and your applications gets delayed because the person before you has a criminal record then we all will complain about the same system. Sorry guys, please don't infer that I am pointing a reason for the delay of applications but just trying to put my reasoning. I second your opinion that the current system can be improved but FIFO may not be the right path. You guys have already waited so long, have faith and hope for the best. Best of luck. 2 Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted August 23, 2019 Share Posted August 23, 2019 44 minutes ago, mes said: As others mentioned, you should get MA to help you but I was in similar situation so let me give you some hint (but I am not MA). You can't apply 186 again because you are on bridging visa now. You can apply for 186 only if you are currently sponsored. Your options: Appeal: Your employer appeal nomination refusal and you appeal application refusal (each is I think $1750). This way you will stay on bridging visa and if your employer is able to prove genuine need (that mean that decision was incorrect), it should be ok. BUT it takes forever for AAT to open your case, currently probably around 1.5-2 years. New 186 application: Your employer has to sponsor you again on 482 visa (same occupation you had on 457). Once you are sponsored again, you can send new 186 nomination and application straight away (you don't have to wait 2 years again). But again, I am not MA but only talking from my own experience (and my case might have been bit different) Not true! You can re-apply!!! I know because me and my partner where in the same situation. We had our 186 Nomination refused. My partners 457 had expired. We had the option to re-apply. Quote Link to comment Share on other sites More sharing options...
BB88 Posted August 23, 2019 Share Posted August 23, 2019 (edited) Party Time! Visa Granted, just shy of 14 Months A near 6 year journey for me to this date. If someone can update the spreadsheet, username is BB88 (I think) on June-2018 tab. Edited August 23, 2019 by BB88 9 Quote Link to comment Share on other sites More sharing options...
NnN Posted August 23, 2019 Share Posted August 23, 2019 31 minutes ago, sydneyishuk said: Not true! You can re-apply!!! I know because me and my partner where in the same situation. We had our 186 Nomination refused. My partners 457 had expired. We had the option to re-apply. @sydneyishukcan you please explain in detail what was the option please. It might can Help Me too. Quote Link to comment Share on other sites More sharing options...
Hex Posted August 23, 2019 Share Posted August 23, 2019 1 hour ago, mes said: As others mentioned, you should get MA to help you but I was in similar situation so let me give you some hint (but I am not MA). You can't apply 186 again because you are on bridging visa now. You can apply for 186 only if you are currently sponsored. Your options: Appeal: Your employer appeal nomination refusal and you appeal application refusal (each is I think $1750). This way you will stay on bridging visa and if your employer is able to prove genuine need (that mean that decision was incorrect), it should be ok. BUT it takes forever for AAT to open your case, currently probably around 1.5-2 years. New 186 application: Your employer has to sponsor you again on 482 visa (same occupation you had on 457). Once you are sponsored again, you can send new 186 nomination and application straight away (you don't have to wait 2 years again). But again, I am not MA but only talking from my own experience (and my case might have been bit different) @mes That's interesting, I thought that if you got a new visa (482), you'd have to wait the required 2 years again, regardless. Are you saying that's not the case here? Quote Link to comment Share on other sites More sharing options...
Muppett Posted August 23, 2019 Share Posted August 23, 2019 Christmas came early for me today My visa has been approved!! I waited 3 months and 3 days since applying for the visa - which I did after the nomination had been approved. Went from received straight to finalised Goodluck to everyone still waiting!!!! 7 Quote Link to comment Share on other sites More sharing options...
theredblur Posted August 23, 2019 Share Posted August 23, 2019 Visa granted today! Good luck all! 7 Quote Link to comment Share on other sites More sharing options...
Nagra77 Posted August 23, 2019 Share Posted August 23, 2019 Hi Guys Am new here I only lodge my nomination application for TRT on 1st August 2019 my MA send me TRN how can I check in immi account and also how long it takes to process the nomination application. Quote Link to comment Share on other sites More sharing options...
Harrie Gill Posted August 24, 2019 Share Posted August 24, 2019 Good Morning Everyone, I’ve been a silent header for well over a year. I am very glad to share the news that yesterday evening, I was granted my Permanent Residency. I lodged my first application last year in April 2018 with previous employer who later in the year went into liquidation. Eventually my nomination was rejected earlier this year in May and had to withdraw the 186 application. The New Employer were more than happy to nominate me and finally I was able achieve the ultimate goal. It surprisingly took very short time for it to be finalised which I was amazed with. I hope, everyone in this forum would be able to meet their goal as soon as possible. Thank you. Good luck all. Occupation: Disability Services Officer State: VIC Birth Country: INDIA Stream: 457 to 186 TRT Number of applicants: 1 Nomination applied: Mid June 2019 Nomination Approved: 11 July 2019 Visa applied: 11 July 2019 S56 (Health Examination): 18 July 2019 IMMI Status: Finalized - Granted 23 Aug 2019 Team 13 10 Quote Link to comment Share on other sites More sharing options...
sj88 Posted August 24, 2019 Share Posted August 24, 2019 (edited) Hey everybody. Got s56 request for new AFPs as previous certs were no longer valid. We got them in May 2019. Seems an odd request. Has this happened anybody else? Waiting for MA to advise on Monday. Just curious... TIA Edited August 24, 2019 by sj88 Quote Link to comment Share on other sites More sharing options...
Jerita Posted August 24, 2019 Share Posted August 24, 2019 3 minutes ago, sj88 said: Hey everybody. Got s56 request for new AFTs as previous certs were no longer valid. We got them in May 2019. Seems an odd request. Has this happened anybody else? Waiting for MA to advise on Monday. Just curious... TIA What is s56???? Quote Link to comment Share on other sites More sharing options...
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