187 Visa Processing Time

[Nil71]

20 hours ago, Legend said:

I have a question. If the owner sale the business and the new owner with different company name running the same place with same business  will it affect the 187 DE visa application ? Would you mind to give me this ans please

Thanks

Only mater is trading name need to same as old one ABN NUMBER and company name change is ok not worried ok make sure trading name will is same ok

[Legend]

55 minutes ago, Nil71 said:

Only mater is trading name need to same as old one ABN NUMBER and company name change is ok not worried ok make sure trading name will is same ok

Are you sure? 

[Lalaaus]

On 18/07/2018 at 18:23, Siddu said:

Congratulations mate

what is your occupation?

Restaurant manager 

[Gazza13]

On 17/04/2018 at 02:19, Prety said:

Full time from two years

Contact Migration Solutions in Adelaide, they can appeal the decision. 

Edited July 21, 2018 by Gazza13

[Nadan]

Hi 

i am new to this forum

i want to share my details 

i have applied as restaurant manager on 28 feb 2018 rcb ,nomination and visa... Rcb approved in 2 days

its now nearly been to 5 month

Qualifications: diploma in business 

experience: 2 years as manager with same restaurant.

 but from march rules has been change so i am bit worried that is diploma qualifications should be fine.

 and in same restaurant one of my friends applied on 2016 for 457 visa as restaurant manager and he got approval as manager but owner want to apply as 187 so he has to withdraw his application and on samerestaurant i have applied as manager.  

So that all my history. Plz give some suggestion

[Synergy22]

9 hours ago, Nadan said:

Hi 

i am new to this forum

i want to share my details 

i have applied as restaurant manager on 28 feb 2018 rcb ,nomination and visa... Rcb approved in 2 days

its now nearly been to 5 month

Qualifications: diploma in business 

experience: 2 years as manager with same restaurant.

 but from march rules has been change so i am bit worried that is diploma qualifications should be fine.

 and in same restaurant one of my friends applied on 2016 for 457 visa as restaurant manager and he got approval as manager but owner want to apply as 187 so he has to withdraw his application and on samerestaurant i have applied as manager.  

So that all my history. Plz give some suggestion

I hope someone who has been in a similar situation will be able to help you. They may need more details of your organisation such as how many employees, annual turn over, etc or you may better contact a registered migration agent. 

[Iloveaus]

Lets have some good news this upcoming week Amen yarab

[R122]

Hi all,

Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant.

 

Thanks 

[Nil71]

On 21/07/2018 at 15:55, Legend said:

Are you sure? 

Yes100%

[Legend]

3 hours ago, Nil71 said:

Yes100%

Mate!! Would u mind to show me the source . Bkz everyone is saying different different things.

Thanks

[Chathu]

On 20/07/2018 at 08:09, Mila said:

Hi everyone, 

I can’t believe that we have to wait about 24mths to get our PR, it’s such a long time!

I am still in queue, applied in Feb/2017 as a Childcare teacher. My colleague got her PR granted with 15mths in Jan. I’m 17 mths waiting

Anyone from Childcare here? 

Thanks

It’s too bad . Isn’t it . When we Applied the processing time was 14-15 months . So we thought that the time frame which Is applied for our visa . But as you say,it’s not .so frustrating. 

We applied sep 2017 . Child care in NT 

[Rajat Babbar]

Hi all,
Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant.
 
Thanks 

Hi there,
I applied nominations INR April 2017 and visa in September 2017.
I would consider this as mid 2017.
No results so far.

[Rajat Babbar]

Hello friends, Can you tell me -

 

: When we talk about the time frame of 24 months do they count from the nomination date or visa applied date?

 

: Also if the company writes a email to the department about the urgent need of employee will that help in faster process or not?

 

Thanks in advance

 

Rajat Babbar

 

 

 

 

[Nil71]

5 hours ago, Legend said:

Mate!! Would u mind to show me the source . Bkz everyone is saying different different things.

Thanks

Good afternoon Mr Yogesh,

 

Please find the extract from the DIBP policy advice manual.

Employment with the same employer

Overview 

In order to satisfy the 2 year requirement for the purposes of regulation 5.19(3)(c)(i)(A), nominators must demonstrate that the UC-457 visa holder has worked with the same employer for the whole period being considered. The term ‘employer’ refers to the entity/s that participates in the employer-employee relationship. An entity that changes structure, becoming a new discreet entity, may still be considered the same employer for theUC-457 visa holder provided they fall under the parameters outlined in Scenario 3 – more than one standard business sponsor.

There are three scenarios that would ordinarily satisfy this criterion:

1. The nominator has been the sole standard business sponsor for the nominee, and the nominee has only worked directly for the nominator for the whole 2 year period being considered.
2. The nominator has been the sole standard business sponsor for the nominee, and the nominee has worked for either a combination of the standard business sponsor and an associated entity/ies of the standard business sponsor or solely for an associated entity of the standard business sponsor (as allowed through the UC-4578107 condition).
3. The nominator has not been the sole standard business sponsor for the nominee in the period considered for the 2 year requirement, however the nominee can still be considered to have remained with the same employer.

Although there may be other scenarios that satisfy this criterion, policy advice for each of the above scenarios is as follows.

Scenario 1 – one standard business sponsor, no other employers

In the instance where the nominator has been the sole standard business sponsor for the nominee, and the nominee has not worked for any other entity at any stage of the 2 year period considered for the 2 year requirement, then this satisfies the ‘employment with the same employer’ criterion.

Scenario 2 – sole standard business sponsor, but work undertaken with associated entities

This includes instances where the nominator has been the sole standard business sponsor for the nominee, but the nominee has undertaken work with other entities. A person holding a UC-457 visa granted under 457.223(4) (standard business sponsorship) is permitted to work within the business activities of the entity that sponsored them or within the business activities of an entity related to the nominating entity under the provisions of s50AAA of the Corporations Act. This is based on condition 8107 condition, which would have been applied to the UC-457 visa - 8107(3)(a) refers..

For more information on where two entities are associated, refer to Related and associated entities under the Corporations Act.

 

Scenario 3 – more than one standard business sponsor

There may be applications for the Temporary Residence Transition stream where the nominator has not been the nominee’s sole standard business sponsor during the whole required 2 year period. In these cases, work undertaken with an entity other than the most recent standard business sponsor may still be considered towards the 2 year requirement if the nominator can demonstrate that the nominee has actively performed the duties of the position for the required 2 years despite a change of their employer. This may occur in situations where the current standard business sponsor has undergone business restructure/takeover/sale/closure and may have changed their ABN/ACN/name, which required a new standard business sponsorship approval. That is, there must be some connection between the most recent standard business sponsor and any previous standard business sponsor/s of the nominee to be counted towards the 2 year requirement.

When assessing this criterion for cases where there has been more than one standard business sponsor, delegates should consider the following three questions and, if they consider the answers to the three questions to be generally ‘yes’, may consider this criterion to be met:

• Is the nominee still working in the same position, performs the same duties and has the same working conditions in the required 2 year period, regardless of the change of sponsor?
• Does the nominee report to the same management structures?
• Has the nominator retained the same business name and/or operations, but is considered to be a new legal entity?

The policy intent is to accommodate for UC-457 visa holders that apply for Temporary Residence Transition stream that have been affected by circumstances outside of their control, such as their employer undergoing a business restructure, takeover, sale or closure.

Example 1 Jasmine was sponsored for her UC-457 visa in September 2012. In January 2013 her employer, Maximum Accounting Pty Ltd, was bought out by Smith’s Professionals Pty Ltd. Smith’s Professionals and Maximum Accounting are not associated entities. Smith’s Professionals applied for and gained a standard business sponsorship for Jasmine and all other UC-457 visa holders who were sponsored by Maximum Accounting. Jasmine continued to work for Smith’s Professionals in the same role, with the same duties and in the same workplace. Her reporting lines did not change, however her company’s ABN and name changed. In September 2014 Smith’s Professionals lodged a Temporary Residence Transition stream application for Jasmine.  The period Jasmine worked for Maximum Accounting would be counted. This is on the basis that Jasmine continued in the same position, performed the same duties and reported to the same management structure with the new entity and that the new entity came about as a direct result of the takeover/sale of the former entity.

Example 2 Mr X is nominated under an SBS by Mr AB as a cook in a restaurant that is operated by him as a sole trader, under the trading name of ‘Curry paradise’. 6 months into the sponsorship, Mr AB decides to incorporate a company to operate the business, registers a company by the name of AB Pty Ltd and commences operating the business under that entity. The trading name is registered to the company and a sponsorship and nomination are approved. If AB Pty Ltd were to nominate Mr X under the Temporary Residence Transition stream, 15 months after the change in structure, the period Mr X worked for the sole proprietorship would be counted. This is on the basis that the sole proprietorship and the company may be considered to be the same employer of Mr X.

Example 3 Mr Z is nominated under an SBS by LNM Pty Ltd for the position of accountant. Mr L is the sole shareholder in LNM Pty Ltd. 1 year later, Mr L decides to sell the business to C Corp Pty Ltd.- under the deal, Mr L is assigned 80% of the shares in C Corp. C Corp is approved as a business sponsor and nominates the position in which Mr Z is employed. 14 months later, C Corp nominates Mr Z under the Temporary Residence Transition stream. The period Mr Z worked for LNM Pty Ltd would be counted on the basis that the 2 entities qualify as the same employer of Mr Z.

-- 

 

[sam777]

Hi all,
Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant.
 
Thanks 

Not Mid but Nov 2017

[Kvv]

14 hours ago, R122 said:

Hi all,

Just wondering if anyone that applied mid 2017 has had any luck so far? Occupation- accountant.

 

Thanks 

Applied june 2017 , occupation Accomodation and Hospitality manager nec , haven't heard anything yet!!

[sam777]

It’s too bad . Isn’t it . When we Applied the processing time was 14-15 months . So we thought that the time frame which Is applied for our visa . But as you say,it’s not .so frustrating. 
We applied sep 2017 . Child care in NT 

As I spoke to immigration last week. A guy said most of the cases open in 12 months of time like a Nomination. 75% cases , 15% cases takes little long and 10% cases are taking too long. It depends upon your application and your occupation. I hope that it might help you guys[emoji4][emoji4][emoji4]

[Stone]

Hi guys,

Do the rsms sponsor need to pay for the employer nomination application fee?which is about $560?

[SineadK]

4 hours ago, Stone said:

Hi guys,

Do the rsms sponsor need to pay for the employer nomination application fee?which is about $560?

 

6 hours ago, sam777 said:

 

 

Not Mid but Nov 2017

 

 

Aug 2017

[Legend]

10 hours ago, Nil71 said:

Good afternoon Mr Yogesh,

 

Please find the extract from the DIBP policy advice manual.

Employment with the same employer

Overview 

In order to satisfy the 2 year requirement for the purposes of regulation 5.19(3)(c)(i)(A), nominators must demonstrate that the UC-457 visa holder has worked with the same employer for the whole period being considered. The term ‘employer’ refers to the entity/s that participates in the employer-employee relationship. An entity that changes structure, becoming a new discreet entity, may still be considered the same employer for theUC-457 visa holder provided they fall under the parameters outlined in Scenario 3 – more than one standard business sponsor.

There are three scenarios that would ordinarily satisfy this criterion:

1. The nominator has been the sole standard business sponsor for the nominee, and the nominee has only worked directly for the nominator for the whole 2 year period being considered.
2. The nominator has been the sole standard business sponsor for the nominee, and the nominee has worked for either a combination of the standard business sponsor and an associated entity/ies of the standard business sponsor or solely for an associated entity of the standard business sponsor (as allowed through the UC-4578107 condition).
3. The nominator has not been the sole standard business sponsor for the nominee in the period considered for the 2 year requirement, however the nominee can still be considered to have remained with the same employer.

Although there may be other scenarios that satisfy this criterion, policy advice for each of the above scenarios is as follows.

Scenario 1 – one standard business sponsor, no other employers

In the instance where the nominator has been the sole standard business sponsor for the nominee, and the nominee has not worked for any other entity at any stage of the 2 year period considered for the 2 year requirement, then this satisfies the ‘employment with the same employer’ criterion.

Scenario 2 – sole standard business sponsor, but work undertaken with associated entities

This includes instances where the nominator has been the sole standard business sponsor for the nominee, but the nominee has undertaken work with other entities. A person holding a UC-457 visa granted under 457.223(4) (standard business sponsorship) is permitted to work within the business activities of the entity that sponsored them or within the business activities of an entity related to the nominating entity under the provisions of s50AAA of the Corporations Act. This is based on condition 8107 condition, which would have been applied to the UC-457 visa - 8107(3)(a) refers..

For more information on where two entities are associated, refer to Related and associated entities under the Corporations Act.

 

Scenario 3 – more than one standard business sponsor

There may be applications for the Temporary Residence Transition stream where the nominator has not been the nominee’s sole standard business sponsor during the whole required 2 year period. In these cases, work undertaken with an entity other than the most recent standard business sponsor may still be considered towards the 2 year requirement if the nominator can demonstrate that the nominee has actively performed the duties of the position for the required 2 years despite a change of their employer. This may occur in situations where the current standard business sponsor has undergone business restructure/takeover/sale/closure and may have changed their ABN/ACN/name, which required a new standard business sponsorship approval. That is, there must be some connection between the most recent standard business sponsor and any previous standard business sponsor/s of the nominee to be counted towards the 2 year requirement.

When assessing this criterion for cases where there has been more than one standard business sponsor, delegates should consider the following three questions and, if they consider the answers to the three questions to be generally ‘yes’, may consider this criterion to be met:

• Is the nominee still working in the same position, performs the same duties and has the same working conditions in the required 2 year period, regardless of the change of sponsor?
• Does the nominee report to the same management structures?
• Has the nominator retained the same business name and/or operations, but is considered to be a new legal entity?

The policy intent is to accommodate for UC-457 visa holders that apply for Temporary Residence Transition stream that have been affected by circumstances outside of their control, such as their employer undergoing a business restructure, takeover, sale or closure.

Example 1 Jasmine was sponsored for her UC-457 visa in September 2012. In January 2013 her employer, Maximum Accounting Pty Ltd, was bought out by Smith’s Professionals Pty Ltd. Smith’s Professionals and Maximum Accounting are not associated entities. Smith’s Professionals applied for and gained a standard business sponsorship for Jasmine and all other UC-457 visa holders who were sponsored by Maximum Accounting. Jasmine continued to work for Smith’s Professionals in the same role, with the same duties and in the same workplace. Her reporting lines did not change, however her company’s ABN and name changed. In September 2014 Smith’s Professionals lodged a Temporary Residence Transition stream application for Jasmine.  The period Jasmine worked for Maximum Accounting would be counted. This is on the basis that Jasmine continued in the same position, performed the same duties and reported to the same management structure with the new entity and that the new entity came about as a direct result of the takeover/sale of the former entity.

Example 2 Mr X is nominated under an SBS by Mr AB as a cook in a restaurant that is operated by him as a sole trader, under the trading name of ‘Curry paradise’. 6 months into the sponsorship, Mr AB decides to incorporate a company to operate the business, registers a company by the name of AB Pty Ltd and commences operating the business under that entity. The trading name is registered to the company and a sponsorship and nomination are approved. If AB Pty Ltd were to nominate Mr X under the Temporary Residence Transition stream, 15 months after the change in structure, the period Mr X worked for the sole proprietorship would be counted. This is on the basis that the sole proprietorship and the company may be considered to be the same employer of Mr X.

Example 3 Mr Z is nominated under an SBS by LNM Pty Ltd for the position of accountant. Mr L is the sole shareholder in LNM Pty Ltd. 1 year later, Mr L decides to sell the business to C Corp Pty Ltd.- under the deal, Mr L is assigned 80% of the shares in C Corp. C Corp is approved as a business sponsor and nominates the position in which Mr Z is employed. 14 months later, C Corp nominates Mr Z under the Temporary Residence Transition stream. The period Mr Z worked for LNM Pty Ltd would be counted on the basis that the 2 entities qualify as the same employer of Mr Z.

-- 

 

Thank you mate! I just read the whole things. It s very informative whereas most of us didn't know about that. But the whole thing is about 457 and Transition steam. I applied for 187 DE. 

[Iloveaus]

10 hours ago, sam777 said:

 

As I spoke to immigration last week. A guy said most of the cases open in 12 months of time like a Nomination. 75% cases , 15% cases takes little long and 10% cases are taking too long. It depends upon your application and your occupation. I hope that it might help you guys

 

Hi fellow mate,

Are you saying that 75% of the applications are openened within 12 months? Do you mean visa + nomination if applied together?

I dont know if you have looked at the processing times but it says 21-24 months.. so there is still a chance that  good percentage of apps get processed out of the processing times?

Can you please explain how it can depend on your position? Does that mean some position are processed before others?

Were can I check if my position has priority over other positions or less priority?

Anyone that has any extra info on the matter please kindly advise.

Many thanks

[Deza]

On 20/07/2018 at 16:49, Legend said:

I have a question. If the owner sale the business and the new owner with different company name running the same place with same business  will it affect the 187 DE visa application ? Would you mind to give me this ans please

Thanks

Hi Legend, 

i had the same scenario. I applied on 3rd June 2016, my employer sold the business in Oct 2017. I was worried but my agent told me that ABN and BUSINESS NAME  shouldn't be changed.  and if new owner changes the business name then he needs to apply for new ABN as well. and as soon as ABN change your application will be gone. doesn't matter how strong the business is. so new owner didn't change the name so the ABN. 

Immi opened my file on 13 June 2018 after 24 months and 13 days and they only ask for new Org chart, Job description and any other support letter which I can provide to back up my position. so I submit requested doc with total new staff and owner and chain of command etc on 3 July. 18 July they ask for medical and AFP. 

So my agent then explained to me, it's the business name who sponsor you not the owner. doesn't matter if owner sold the business or leave the business. as long as ABN and business name is the same when you applied until they opened the file. 

so this is my exact scenario. 

Hope it will clarify every thing. 

Thank you

[Legend]

1 hour ago, Deza said:

Hi Legend, 

i had the same scenario. I applied on 3rd June 2016, my employer sold the business in Oct 2017. I was worried but my agent told me that ABN and BUSINESS NAME  shouldn't be changed.  and if new owner changes the business name then he needs to apply for new ABN as well. and as soon as ABN change your application will be gone. doesn't matter how strong the business is. so new owner didn't change the name so the ABN. 

Immi opened my file on 13 June 2018 after 24 months and 13 days and they only ask for new Org chart, Job description and any other support letter which I can provide to back up my position. so I submit requested doc with total new staff and owner and chain of command etc on 3 July. 18 July they ask for medical and AFP. 

So my agent then explained to me, it's the business name who sponsor you not the owner. doesn't matter if owner sold the business or leave the business. as long as ABN and business name is the same when you applied until they opened the file. 

so this is my exact scenario. 

Hope it will clarify every thing. 

Thank you

Thanks mate!! I understand what you want to say. But my situation is my owner is selling the business, not the company. The new owner may change the business name and put the business under his company name. But my owner assured me that they not gonna close the company and ABN as well. Can you please enlighten me according to this situation .

Thanks

[tephanie]

18 minutes ago, Legend said:

Thanks mate!! I understand what you want to say. But my situation is my owner is selling the business, not the company. The new owner may change the business name and put the business under his company name. But my owner assured me that they not gonna close the company and ABN as well. Can you please enlighten me according to this situation .

Thanks

If you continue working for the company with same ABN then you should be alright, but if you going to work for the new business owner (that probably has its own ABN already) then you gonna be in trouble, you need to ask more info to your boss regarding the terms of the sale and i suggest visit your MA. Hope all those changes don't affect your visa tho,,, ALL THE BEST

[Thecook]

Is there any approvals for cook recently?

I’ve been waiting since January 2017, still waiting for nomination and visa.