187 Visa Processing Time

[ring3018]

7 minutes ago, santosh1 said:

In the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) 

Relevant considerations in assessing ‘genuine effort’

,

If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):

1. The visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances)
2. The possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia
3. In the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) and
4. Any other matter which is relevant to the commencement or termination of the employment.

The below is a summary of other relevant parts of the Department’s policy in relation to s137Q:

• If you are ceasing employment on ‘reasonable grounds’, you are expected to give your employer reasonable notice.
• The Department is unlikely to decide that you have not made a genuine effort if your failure to commence or your termination of employment was due to circumstances outside of your control (e.g. your employer’s financial loss, bankruptcy or closure of the business).
• The Department may decide that you have not made a genuine effort if you ‘deliberately damaged or sabotaged the employer’s business to cause the dismissal’.

At the end of the day, policy does state that decisions made under s137Q are a matter to be resolved between the Department and the visa holder. The former employer can provide information to the Department but they are not involved in the ultimate decision-making process.

Consequently, if the Department is considering the possibility of cancelling your visa, the Department will need to contact you to give you the opportunity to present your side of the story.

Good luck

[daniellelilley]

Hey guys, 

Spent so long just watching this page and all the refusals made me freak saaaah much. This was my second application as my first employers business closed. So, in the hope that I can pass on some hope..my visa came through yesterday. I hustled this week and called the department so much, I think they are cancelling that phone line now (probably because of me)

I applied for my second RSMS in June 2016 as a Restaurant Manager in QLD and yesterday I finally got the approval! 

Have faith and loads of evidence.

 

 

[wait4visa]

25 minutes ago, daniellelilley said:

Hey guys, 

Spent so long just watching this page and all the refusals made me freak saaaah much. This was my second application as my first employers business closed. So, in the hope that I can pass on some hope..my visa came through yesterday. I hustled this week and called the department so much, I think they are cancelling that phone line now (probably because of me)

I applied for my second RSMS in June 2016 as a Restaurant Manager in QLD and yesterday I finally got the approval! 

Have faith and loads of evidence.

 

 

Congrats dear gud news , im hoping same applied mine in oct 2016 same as restaurant manager still waiting , u said evidence what sort of , did immi asked for any specific docs would u mind to explain,bcz my ma uploaded all my payg,payslips,all forms and etc..

 

[Amy86]

36 minutes ago, daniellelilley said:

Hey guys, 

Spent so long just watching this page and all the refusals made me freak saaaah much. This was my second application as my first employers business closed. So, in the hope that I can pass on some hope..my visa came through yesterday. I hustled this week and called the department so much, I think they are cancelling that phone line now (probably because of me)

I applied for my second RSMS in June 2016 as a Restaurant Manager in QLD and yesterday I finally got the approval! 

Have faith and loads of evidence.

 

 

I'm really happy for you... 

Finally a good news  

Enjoy your PR... ??

[Vick]

Hey guys what happen if restaurant are closed. But company name still open. Any chance of getting visa..

[MilaMocha]

26 minutes ago, Vick said:

Hey guys what happen if restaurant are closed. But company name still open. Any chance of getting visa..

Zero.

 

[Legend]

5 minutes ago, MilaMocha said:

Zero.

 

Are u sure? 

[MilaMocha]

5 minutes ago, Legend said:

Are u sure? 

If I'm sure?

This is the reason why lately over 50% of applications have been rejected without more documentation being requested. Fake job positions, fake companies. It's such "applicants" and "business" that make it difficult for the genuine workers, so yes I'm sure.

Doesn't matter if a company name exists. It takes 5 minutes for anyone to register an ABN and bang! there's your 'company'.

You didn't say which visa so I will guess 187. If this is the case you need a full-time job at a business that's able to justify the need of overseas worker, show financial statements (BAS if operating less than 12 months) and be profitable. Regardless of what you've submitted at the take of application they will run another check when the file is open (with ATO for example) and request recent financials from the business. They could also come over to see the place and you.

Shameful really. 

[Vick]

In QLD last 

1 hour ago, MilaMocha said:

If I'm sure?

This is the reason why lately over 50% of applications have been rejected without more documentation being requested. Fake job positions, fake companies. It's such "applicants" and "business" that make it difficult for the genuine workers, so yes I'm sure.

Doesn't matter if a company name exists. It takes 5 minutes for anyone to register an ABN and bang! there's your 'company'.

You didn't say which visa so I will guess 187. If this is the case you need a full-time job at a business that's able to justify the need of overseas worker, show financial statements (BAS if operating less than 12 months) and be profitable. Regardless of what you've submitted at the take of application they will run another check when the file is open (with ATO for example) and request recent financials from the business. They could also come over to see the place and you.

Shameful really. 

In QLD last month someone got pr her restaurant was closed 4 months ago

[MilaMocha]

8 minutes ago, Vick said:

In QLD last month someone got pr her restaurant was closed 4 months ago

187 DE?

[Vick]

2 minutes ago, MilaMocha said:

187 DE?

Yes

[ring3018]

2 hours ago, Vick said:

Hey guys what happen if restaurant are closed. But company name still open. Any chance of getting visa..

What will you do if immigration come to see the business directly? 

4 hours ago, daniellelilley said:

Hey guys, 

Spent so long just watching this page and all the refusals made me freak saaaah much. This was my second application as my first employers business closed. So, in the hope that I can pass on some hope..my visa came through yesterday. I hustled this week and called the department so much, I think they are cancelling that phone line now (probably because of me)

I applied for my second RSMS in June 2016 as a Restaurant Manager in QLD and yesterday I finally got the approval! 

Have faith and loads of evidence.

 

 

Congratulationsss Can you please share the timeline?

[MilaMocha]

2 minutes ago, Vick said:

Yes

Just like that? No re-check on the business and position? Immi never found out about the business being closed? Or there were special circumstances (if such exist for DE)?

[Sammy67]

I applied rsms as motor mechanic in nov 2016 in SA

still waiting 

Is anyone apply as a motor mechanic waiting for result

[Sks]

Anyone from sept 2016 as cook.. have assign the case officer 

[Mohit100]

MPORTANT: - If you have applied for 457, 187 or 186

The Department is no longer requesting further documents or information and they are making its decision based on the documents/information already in Department’s file as of the decision date. 

It is visa applicants’ and business sponsor/nominator’s responsibilities to keep updating the documents or information in relation to your nomination and visa application with the Department. Please ensure: -

1. Visa Applicants: - provide all necessary documents including police certificates and medical insurance as soon as possible (for 457 visa). Ensure that your visa application is decision-ready.

2. Business Sponsor/Nominator: - keep updating the Department by providing recent BAS statements, Tax Returns, Bank Statements, Training Benchmark, change in business structure such as Organisation Chart, change of directors or shareholders or address etc. 

If not previously provided, please make a detailed submission on ‘Genuine Position’ and provide ASIC Current and Historical Extract, Position Description, Evidence of Local Market Testing, RCB (Form 1404) Certification and Employment Contract that meet State, National and Fair Work Australia requirements.

Note: Start working for the employer (if permissible) ASAP and do not wait for the visa approval. Provide payslips and PAYG summary as evidence that the position is genuine and that you are already working for the sponsoring employer.

[Mohit100]

Guys I am new in here please read through this immigration news recent please update your details as soon as possible u might get refused in you guys do not get update all the required documents.

please act now.

[August 2016]

13 minutes ago, Mohit100 said:

MPORTANT: - If you have applied for 457, 187 or 186

The Department is no longer requesting further documents or information and they are making its decision based on the documents/information already in Department’s file as of the decision date. 

It is visa applicants’ and business sponsor/nominator’s responsibilities to keep updating the documents or information in relation to your nomination and visa application with the Department. Please ensure: -

1. Visa Applicants: - provide all necessary documents including police certificates and medical insurance as soon as possible (for 457 visa). Ensure that your visa application is decision-ready.

2. Business Sponsor/Nominator: - keep updating the Department by providing recent BAS statements, Tax Returns, Bank Statements, Training Benchmark, change in business structure such as Organisation Chart, change of directors or shareholders or address etc. 

If not previously provided, please make a detailed submission on ‘Genuine Position’ and provide ASIC Current and Historical Extract, Position Description, Evidence of Local Market Testing, RCB (Form 1404) Certification and Employment Contract that meet State, National and Fair Work Australia requirements.

Note: Start working for the employer (if permissible) ASAP and do not wait for the visa approval. Provide payslips and PAYG summary as evidence that the position is genuine and that you are already working for the sponsoring employer.

Where did you get this information? Could you put the link.

[Bhavin]

Oct 2016 Cook Nsw waiting as well

 

[Mohit100]

4 minutes ago, August 2016 said:

Where did you get this information? Could you put the link.

Mate This has taken from registered migration page. I have asked him for link but he is not responding.. if you would like check in Facebook page go for vikash jain page. He is solicitor and migration agent.

 

[August 2016]

On 3/24/2018 at 23:34, Mohit100 said:

Mate This has taken from registered migration page. I have asked him for link but he is not responding..  He is solicitor and migration agent.

 

Thanks mate

[Rajat Babbar]

I copied this from same 
I will only take better if it is written on immigration website

[CarmenChung]

This is a good news for for the ones applied before March.  Less new applications=faster processing time for the old ones

Edited March 24, 2018 by CarmenChung

[Mohit100]

On 3/24/2018 at 23:52, Rajat Babbar said:

I copied this from same 
I will only take better if it is written on immigration website

  Vikash jain —-Serena, there is no official link but the recent refusals for 457, 187 or 186 provides you the reasons for Refusal that starts with - ‘ I have considered and assessed the information in the nomination application and all the information provided by the applicant. I have not requested for additional information. I note the acknowledgement letter sent on -/-/- that stated: “The department may make a decision on your application without requesting additional information. You should provide us with all the information you feel is relevant.” At time of decision, Departmental systems were checked, however no additional documents/ information have been provided by the applicant. No further documents have been received by the Department’ and then it ends with ‘ the nomination does not meet subregulation 5.19(3) or 5.19(4) of the Regulations, the nomination has failed to meet all the criteria for approval of the nomination of a position. I, therefore refuse application for approval of the nomination of a position’. Thank You ?

[CarmenChung]

1 hour ago, Mohit100 said:

  Vikash jain —-Serena, there is no official link but the recent refusals for 457, 187 or 186 provides you the reasons for Refusal that starts with - ‘ I have considered and assessed the information in the nomination application and all the information provided by the applicant. I have not requested for additional information. I note the acknowledgement letter sent on -/-/- that stated: “The department may make a decision on your application without requesting additional information. You should provide us with all the information you feel is relevant.” At time of decision, Departmental systems were checked, however no additional documents/ information have been provided by the applicant. No further documents have been received by the Department’ and then it ends with ‘ the nomination does not meet subregulation 5.19(3) or 5.19(4) of the Regulations, the nomination has failed to meet all the criteria for approval of the nomination of a position. I, therefore refuse application for approval of the nomination of a position’. Thank You ?

Do you know where can I check the regulations mentioned above? Thanks.