187 Visa Processing Time

[ring3018]

1 hour ago, Synergy22 said:

What of if one agreed with the employer to leave may be due to study purpose as most remote communities have no educational institution, will the immigration consider this as a genuine reason, if possible how can it be communicated to the Immigration?

 

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.

————————————————————————————————

In my personal opinion, studying is not a good reason to leave the employer, the purpose of the regional visa is to fill in the vacancy temporarily in 2 years because regional area doesn’t have anyone. What’s the point to get a regional visa if you will leave to big cities or other places immediately after visa granted?

I think good reasons are: you have a serious injury or the restaurant closed down.

[Khanw]

I’m 100% sure you have to stay with your employers for 2 years AFTER your visa is granted. Ask any registered migration agent and they will answer the same.
If you’re leaving before 2 years period AFTER your visa is granted you’re risking losing your PR without a good explanation. They’re checking tax papers ever since July 2017 last year.
Please bear in mind that in the visa application form, you are required to declare your intention to work in the nominated position for at least two years.  This goes without saying that when you file your application, you hold the intention to work for the nominating employer in your capacity as stated in the agreement for at least two years after the visa is granted.
 

My MA told me the same when I applied my visa in oct 2016 that time she said you gonna spend almost 4 years in regional two years after visa grant and plus waiting time roughly 2 years is bonus [emoji38]altogether 4 .

[ring3018]

23 minutes ago, Khanw said:

My MA told me the same when I applied my visa in oct 2016 that time she said you gonna spend almost 4 years in regional two years after visa grant and plus waiting time roughly 2 years is bonus altogether 4 .

My friends is waiting endlessly lol, he’s on 457 2 years, then 1,5 years waiting for 187. The when he has 187 he has to work another 2 years.

[SineadK]

On 29/05/2018 at 15:29, Hayley1376 said:

Oh wow, as much as it's a shame you're going through the same rubbish, I'm also glad that someone is having a similar experience to mine! Haha. As doom and gloom as it is, I feel like there is just no happy ending at this point! I'm in Western Aus and have been regional for almost 3 years now how about yourself?

It sucks big time. Lets hope we get some news soon, like NOW - haha I'm so impatient. Regional Queensland for 2 and a half. At my sponsored job for nearly a year and I'm sooooo unhappy. I don't get great wages either which is depressing. Hope you are keeping well x

[Hayley1376]

18 minutes ago, SineadK said:

It sucks big time. Lets hope we get some news soon, like NOW - haha I'm so impatient. Regional Queensland for 2 and a half. At my sponsored job for nearly a year and I'm sooooo unhappy. I don't get great wages either which is depressing. Hope you are keeping well x

Haha aren't we all though?! In saying that after 15 months of waiting I'm sure we have the right to be feeling a little impatient! It's difficult isn't it, especially when people say "think of the bigger picture" yes I understand that but the bigger picture is full of debt, set backs and increased waiting times from our point of view haha!

Do you have an MA? Speak to them about your concerns. After feeling like I was a nuisance to mine, he really pulled through yesterday and emailed back saying that asking questions is what they are there for and not too take too much advice from forums as each case is different. It's great hearing other people's perspective but unfortunately visas aren't black and white so it can get very overwhelming and confusing with all the different info and opinions. This was part of my update from my MA: 

Once your visa is granted you are required to stay in the State for 2 years, not with your employer.  if you leave your employer to take up better opportunities but stay in WA you wont lose your visa.

Im going to trust his word as he is the registered MA out of the two of us, and he handled my application so knows it better than I do!

I hope things at work get better and your prospective family plans fall in to place

[ring3018]

7 hours ago, Hayley1376 said:

Haha aren't we all though?! In saying that after 15 months of waiting I'm sure we have the right to be feeling a little impatient! It's difficult isn't it, especially when people say "think of the bigger picture" yes I understand that but the bigger picture is full of debt, set backs and increased waiting times from our point of view haha!

Do you have an MA? Speak to them about your concerns. After feeling like I was a nuisance to mine, he really pulled through yesterday and emailed back saying that asking questions is what they are there for and not too take too much advice from forums as each case is different. It's great hearing other people's perspective but unfortunately visas aren't black and white so it can get very overwhelming and confusing with all the different info and opinions. This was part of my update from my MA: 

Once your visa is granted you are required to stay in the State for 2 years, not with your employer.  if you leave your employer to take up better opportunities but stay in WA you wont lose your visa.

 Im going to trust his word as he is the registered MA out of the two of us, and he handled my application so knows it better than I do!

I hope things at work get better and your prospective family plans fall in to place

Seriously I don't think I can find your MA's statement anywhere within the legislation of RSMS visa. If he's so sure about it he might look for the statement anywhere, but here's the statement my MA sent to me.

http://www9.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html

Section 137Q – Regional Sponsored Employment Visa Section 137Q cancellations concern visa holders sponsored under Regional sponsored employment.  Cancellation can turn on whether the visa holder failed to commence the employment referred to in the relevant employer nomination and whether the visa holder has made a genuine effort to commence that employment within the prescribed time frame. The visa can also be cancelled if the visa holder commenced the employment but left the job within 2 years. 

How is the Department notified?

,Generally speaking, the most common way for the Department to find out is through the employer notifying the Department that you have either failed to commence employment, or you terminated your employment before you have completed 2 years after the visa is granted.

The Department can also find out about the termination of your employment through information that it receives from other government departments, such as the Australian Taxation Office, the Australian Securities and Investments Commission, Centrelink etc.

As the visa holder, you are not under any specific obligation to notify the Department if your employment is terminated.

Edited May 31, 2018 by ring3018

[CockerSpaniel]

On the whole subject of the two years and the 187 visa, here's some hypotheticals and I can see why some people do say it can include time works before the visa is granted.

If you look at http://www9.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html 

You can see that the migration regulations state

Employment terminates within 2 years             (2)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that:

                              (i)  the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and

                             (ii)  the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; and

                     (b)  the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

The key part is that it says 'commenced that employment'. It is possible to have commenced employment in the nominated position prior to the visa being granted and on the terms of the contract stated in the nominating position. In the cancellation regulations it does not state that the time has to be since the visa was granted.

 

Additionally in the visa grant letter it is also not specifically stated that the two years starts on the grant date. Infact the visa itself has zero conditions stated and it says that: you must commence employment within 6 months of the grant if already in Australia and to remain employed in the nominated position in the regional area for at least two (2) years. 

 

But I'll be clear. My view is that it's 2 years since granted. That's the spirit of the visa and in the land of the fair go it's plainly obvious you should try and reciprocate that and give living and working regionally a fair go too! Besides, why move to Australia just to live in a big city when there's far more to Australia than the city!

 

[ring3018]

4 minutes ago, CockerSpaniel said:

On the whole subject of the two years and the 187 visa, here's some hypotheticals and I can see why some people do say it can include time works before the visa is granted.

If you look at http://www9.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html 

You can see that the migration regulations state

Employment terminates within 2 years             (2)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that:

                              (i)  the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and

                             (ii)  the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; and

                     (b)  the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

The key part is that it says 'commenced that employment'. It is possible to have commenced employment in the nominated position prior to the visa being granted and on the terms of the contract stated in the nominating position. In the cancellation regulations it does not state that the time has to be since the visa was granted.

  

Additionally in the visa grant letter it is also not specifically stated that the two years starts on the grant date. Infact the visa itself has zero conditions stated and it says that: you must commence employment within 6 months of the grant if already in Australia and to remain employed in the nominated position in the regional area for at least two (2) years. 

 

 But I'll be clear. My view is that it's 2 years since granted. That's the spirit of the visa and in the land of the fair go it's plainly obvious you should try and reciprocate that and give living and working regionally a fair go too! Besides, why move to Australia just to live in a big city when there's far more to Australia than the city!

  

Totally agree with you. If it's easy like that working with your employers for 2 years and go away I guess I can stay with them on a visa 485 then work with them for 2 years then when i receive 187 I will be back somewhere else, that's not really the point of regional area visa. The condition they stated is not clear actually but in this one:

https://www.homeaffairs.gov.au/WorkinginAustralia/Documents/reforms-australia-permanent-employer-sponsored-migration-programme.pdf

If you can go somewhere else after the visa is granted they don't need to do this:

Intended Changes in December 2017 / January 2018 Before 31 December 2017, for permanent employer sponsored skilled visa programs: - Tax File Number collection: The Department of Immigration and Border Protection (the Department) will commence the collection of Tax File Numbers for these visa holders, and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary. - To implement this reform the Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017 was introduced to Parliament on 16 August 2017. The occupation lists will be reviewed by the Department of Employment in January 20

[Hayley1376]

I think my intentions have been misconstrued in all of this. I am only asking on the basis that (as said before) the business I work for has had major funding cuts under the current government and therefore I am uncertain that it will even be open in another 2 years. 

I'm also asking from the point of view that, should I be offered a position (still in regional WA) which has better opportunities, I wanted to know that I have the option to change employers. 

Finally, I have stated my concerns due to the fact I am pregnant. I would have been working with my current employer for 2 and a half years by the time baby comes and so need to know whether my partner will need to give up work and be a stay at home Dad, in order for me to continue in my position to guarentee my visa.

At no point have I stated that I will be moving to the city. Once/if I get to a point where I am able to move more freely, we will be moving to somewhere which is still considered regional. 

The advice given is, and will be, appreciated but at the end of the day I am going to trust the advice of my registered MA. I know everyone thinks they're an expert when it comes to this, I have a cousin who is the exact same way, however each case is different, with different circumstances. I am not claiming that I am right, or that what applies to me applies to everybody else, but I think its evident from this thread that there is so much conflicting evidence you are best to speak to your MA to find out which applies to you. 

[Hayley1376]

Oh and as a side note, in the 36 months I have been in Australia, only 2 of those weren't spent in regional WA. 6 months in 1 spot, 28 in my current  so I absolutely know that regional Australia is where you will get the most authentic experience!

Edited May 31, 2018 by Hayley1376

[Luisy]

4 hours ago, CockerSpaniel said:

On the whole subject of the two years and the 187 visa, here's some hypotheticals and I can see why some people do say it can include time works before the visa is granted.

If you look at http://www9.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html 

You can see that the migration regulations state

Employment terminates within 2 years             (2)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that:

                              (i)  the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and

                             (ii)  the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; and

                     (b)  the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

The key part is that it says 'commenced that employment'. It is possible to have commenced employment in the nominated position prior to the visa being granted and on the terms of the contract stated in the nominating position. In the cancellation regulations it does not state that the time has to be since the visa was granted.

 

Additionally in the visa grant letter it is also not specifically stated that the two years starts on the grant date. Infact the visa itself has zero conditions stated and it says that: you must commence employment within 6 months of the grant if already in Australia and to remain employed in the nominated position in the regional area for at least two (2) years. 

 

But I'll be clear. My view is that it's 2 years since granted. That's the spirit of the visa and in the land of the fair go it's plainly obvious you should try and reciprocate that and give living and working regionally a fair go too! Besides, why move to Australia just to live in a big city when there's far more to Australia than the city!

 

The point of view from everyone might be different but the law is the law, and the ACT says The Minister is Satisfied That: 

 the person commenced the employment referred to in the relevantemployer nomination (whether or not within the period prescribed by the regulations); and 

                             (ii)  the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; 

What else do you want ? It's the law, that's over all of us including migration agents. Each case is different but to all of them the same law is applied. 

Cheers, 

[CockerSpaniel]

5 hours ago, Luisy said:

The point of view from everyone might be different but the law is the law, and the ACT says The Minister is Satisfied That: 

 the person commenced the employment referred to in the relevantemployer nomination (whether or not within the period prescribed by the regulations); and 

                             (ii)  the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; 

What else do you want ? It's the law, that's over all of us including migration agents. Each case is different but to all of them the same law is applied. 

Cheers, 

Thank you for quoting exactly the same thing I quoted in relation to the act. What I was saying is that I can see how it can be interpreted in both ways. 

As with everyone I am aware the law is the law. In the same way I'm aware a beer is a beer. So let's not play semantics. Points of view can be different even in relation to the law. If it was black and white why is it that some are interpreting it differently from working two years since visa grant? 

But I do think you missed the point of my post. 

[CockerSpaniel]

8 hours ago, Hayley1376 said:

 

At no point have I stated that I will be moving to the city. Once/if I get to a point where I am able to move more freely, we will be moving to somewhere which is still considered regional. 

If the comment about the city was in part raised because of my post it wasn't directed at you at all. You didn't even mention it. In my mind I had the recent article regarding how many people on Pr were just moving to Melbourne and Sydney (I know this covers the whole PR program and not just the 187 visa). That bit I think I should have been clearer on. 

I hope your situation works out for you though, and you're right to listen to your MA. My point I was making is that the act can appear to interpreted in both ways. Hence which way are you meant to believe is the correct interpretation ? 

[SineadK]

13 hours ago, ring3018 said:

Seriously I don't think I can find your MA's statement anywhere within the legislation of RSMS visa. If he's so sure about it he might look for the statement anywhere, but here's the statement my MA sent to me.

http://www9.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html

Section 137Q – Regional Sponsored Employment Visa Section 137Q cancellations concern visa holders sponsored under Regional sponsored employment.  Cancellation can turn on whether the visa holder failed to commence the employment referred to in the relevant employer nomination and whether the visa holder has made a genuine effort to commence that employment within the prescribed time frame. The visa can also be cancelled if the visa holder commenced the employment but left the job within 2 years. 

How is the Department notified?

,Generally speaking, the most common way for the Department to find out is through the employer notifying the Department that you have either failed to commence employment, or you terminated your employment before you have completed 2 years after the visa is granted.

The Department can also find out about the termination of your employment through information that it receives from other government departments, such as the Australian Taxation Office, the Australian Securities and Investments Commission, Centrelink etc.

As the visa holder, you are not under any specific obligation to notify the Department if your employment is terminated.

I think WA may have different rules but yes, I can't find it anywhere either. 

[SineadK]

21 hours ago, Hayley1376 said:

Haha aren't we all though?! In saying that after 15 months of waiting I'm sure we have the right to be feeling a little impatient! It's difficult isn't it, especially when people say "think of the bigger picture" yes I understand that but the bigger picture is full of debt, set backs and increased waiting times from our point of view haha!

Do you have an MA? Speak to them about your concerns. After feeling like I was a nuisance to mine, he really pulled through yesterday and emailed back saying that asking questions is what they are there for and not too take too much advice from forums as each case is different. It's great hearing other people's perspective but unfortunately visas aren't black and white so it can get very overwhelming and confusing with all the different info and opinions. This was part of my update from my MA: 

Once your visa is granted you are required to stay in the State for 2 years, not with your employer.  if you leave your employer to take up better opportunities but stay in WA you wont lose your visa.

Im going to trust his word as he is the registered MA out of the two of us, and he handled my application so knows it better than I do!

I hope things at work get better and your prospective family plans fall in to place

Yes bigger picture, when!? My MA has been great and they are always so supportive and helful but no one can help with the frustration the wait times cause. Yes agreed, I believe each state has different rules.

Thank you so much, that was really kind and I hope to see you post your good news on here soon! x

[Luisy]

5 hours ago, CockerSpaniel said:

Thank you for quoting exactly the same thing I quoted in relation to the act. What I was saying is that I can see how it can be interpreted in both ways. 

As with everyone I am aware the law is the law. In the same way I'm aware a beer is a beer. So let's not play semantics. Points of view can be different even in relation to the law. If it was black and white why is it that some are interpreting it differently from working two years since visa grant? 

But I do think you missed the point of my post. 

sorry but i'm not attacking your post or whatever, what i want to say is the RSMS visa is taking almost 2 years of processing time (coincidence ??) because in that way immigration at least they have a guaranty to keep you there. RSMS is on top on visa processing priorities but now it takes longer than a 457 visa and most of the visas, If you read the forum around two years back you might see people that got the visa and never worked for the company because of closing or any other matter and they didn't have any problem later. 

The processing time for citizenship used to be 6 months, now is 16 months casualty ? obviously not, they wanted to change the law to a 4 years as PR to them apply, the petition got refused for the parliament but they indirectly are doing it slowing processing times.   

If you think all of this is coincidence so good luck!

[MilaMocha]

7 minutes ago, Luisy said:

sorry but i'm not attacking your post or whatever, what i want to say is the RSMS visa is taking almost 2 years of processing time (coincidence ??) because in that way immigration at least they have a guaranty to keep you there. RSMS is on top on visa processing priorities but now it takes longer than a 457 visa and most of the visas, If you read the forum around two years back you might see people that got the visa and never worked for the company because of closing or any other matter and they didn't have any problem later. 

The processing time for citizenship used to be 6 months, now is 16 months casualty ? obviously not, they wanted to change the law to a 4 years as PR to them apply, the petition got refused for the parliament but they indirectly are doing it slowing processing times.   

If you think all of this is coincidence so good luck!

The 2 year processing time has nothing to do with the 2 years working for the sponsor (after the grant) condition. It has, however, heaps to do with an overwhelming number of applicants (187 became the last and only option for many people) and the cutting in staff in DoHA. It’s not like Immi is processing for two 2 years just to make sure we will work in regional during that time. They have other means to do this.

On the other hand, according to the law, we (as applicants) are not responsible to inform DoHA whether we will leave the nominating company before the 2 years are completed. However, if you leave without the business’ approval, they can report you to DoHA and if you don’t have a good reason (Genuine Effort proven) you risk losing your PR. Even if the Business doesn’t report you, DoHA can still do random checks via its linked services (ATO for example) and see where and how much you work. If you’ve changed the company but have remained in regional Australia doing the same job - you are pretty much safe.

On a more positive note, I’ve heard that they don’t have enough resources (and wont waste them) on going after people who have already been granted PR. This is mainly because doing so is not lucrative. They would rather use their staff on dealing with new applicants who are (still) paying.

This means that if you and the business agree mutually, you can leave before the 2 years (as they wont report you). Also means that if the business is not paying your right or gives you more/less than the agreed hours per week, is discriminating you in any way, etc. -  you have a valid reason (and proofs) to leave at any time (once you get the PR).

[yvii]

On 30/04/2018 at 15:39, KyleMilto said:

Hi,

Nice to meet you all. I m just joining you all in this "great" adventure that is this Visa thing

I was refused a student visa in September 2017, I applied for ATT review (which is still pending... It usually takes more than a year last time I checked) .

As I am on a bridging A waiting for a decision on my Student Visa, I have to apply for BVB and apply for 187 offshore.

While waiting for the 187 to be processed, will I need to leave the country again once my student visa has expired/been refused?

Cheers,

Kyle

If you are on shore they should have granted you a bridging visa to allow you to stay in Australia. And depending on the bridging visa they approve you with you may or may not be able to work. If they do have a bridging visa granted for you, you are unable to travel internationally, once you go out of Australia you would need another visa to get back in. But Ask your MA they should know better. 

[Synergy22]

5 hours ago, MilaMocha said:

The 2 year processing time has nothing to do with the 2 years working for the sponsor (after the grant) condition. It has, however, heaps to do with an overwhelming number of applicants (187 became the last and only option for many people) and the cutting in staff in DoHA. It’s not like Immi is processing for two 2 years just to make sure we will work in regional during that time. They have other means to do this.

On the other hand, according to the law, we (as applicants) are not responsible to inform DoHA whether we will leave the nominating company before the 2 years are completed. However, if you leave without the business’ approval, they can report you to DoHA and if you don’t have a good reason (Genuine Effort proven) you risk losing your PR. Even if the Business doesn’t report you, DoHA can still do random checks via its linked services (ATO for example) and see where and how much you work. If you’ve changed the company but have remained in regional Australia doing the same job - you are pretty much safe.

On a more positive note, I’ve heard that they don’t have enough resources (and wont waste them) on going after people who have already been granted PR. This is mainly because doing so is not lucrative. They would rather use their staff on dealing with new applicants who are (still) paying.

This means that if you and the business agree mutually, you can leave before the 2 years (as they wont report you). Also means that if the business is not paying your right or gives you more/less than the agreed hours per week, is discriminating you in any way, etc. -  you have a valid reason (and proofs) to leave at any time (once you get the PR).

Why are they processing especially temporary visas quick, and why staff cutting not affecting it?

Edited June 1, 2018 by Synergy22

[ring3018]

Hi guys,

Just received this letter from my agent. It's only an update for any 187 visa currently.

Dear patient clients,

 

We are writing to inform you about recent trend towards assessment of employer-sponsored nomination and visa applications by the Department.

 

Currently, the department is experiencing the highest volume of application ever and this has been reflected in rather long processing time, 21 to 23 months for RSMS Direct Entry applications for example.

 

This over workload resulted in a few case officers taking an inadvertent action with lack of procedural fairness when they make decisions. Also, insider information said that there is a refusal rate that each case officer was asked to reach on a monthly basis to get rid of applications on their hand.

 

Recent refusal often lacks specific, solid or reasonable grounds and sometimes, justify refusals due to missing documents that were not required, on complete application with supporting documents prepared exactly as per department’s document checklist.

 

In the past, normally we were asked for further information in such cases however now, a case officer quote “The department’s acknowledgment letter specifies that the department may make a decision on the application without requesting additional information. In line with the notices provided by the department in the letter, I am proceeding to a decision on this application based on any supporting evidence that is available to me at this time of decision”

 

We are taking this current event very seriously and have made a number of complaints to the department in the last few months and this issue has also been acknowledged by the Minister of Multcuture and Immigration Alex but no actions have been taken from the DHA Management as yet. 

 

Please understand the nature of employer-sponsored migration scheme and the length of current visa processing time. You need a nomination approval to get your visa granted and the lengthy processing time makes your application vulnerable to changes. During the processing time, changes could happen and this may affect your application unfavorably, such as sponsoring business suffers financial loss or decides to sell or close down the business since the lodgement.

 

As a consequence, we would strongly suggest taking precautions by considering alternatives if possible. Please talk to us if you need assistance

[CockerSpaniel]

6 hours ago, MilaMocha said:

The 2 year processing time has nothing to do with the 2 years working for the sponsor (after the grant) condition. It has, however, heaps to do with an overwhelming number of applicants (187 became the last and only option for many people) and the cutting in staff in DoHA. It’s not like Immi is processing for two 2 years just to make sure we will work in regional during that time. They have other means to do this.

On the other hand, according to the law, we (as applicants) are not responsible to inform DoHA whether we will leave the nominating company before the 2 years are completed. However, if you leave without the business’ approval, they can report you to DoHA and if you don’t have a good reason (Genuine Effort proven) you risk losing your PR. Even if the Business doesn’t report you, DoHA can still do random checks via its linked services (ATO for example) and see where and how much you work. If you’ve changed the company but have remained in regional Australia doing the same job - you are pretty much safe.

On a more positive note, I’ve heard that they don’t have enough resources (and wont waste them) on going after people who have already been granted PR. This is mainly because doing so is not lucrative. They would rather use their staff on dealing with new applicants who are (still) paying.

This means that if you and the business agree mutually, you can leave before the 2 years (as they wont report you). Also means that if the business is not paying your right or gives you more/less than the agreed hours per week, is discriminating you in any way, etc. -  you have a valid reason (and proofs) to leave at any time (once you get the PR).

I must admit I heard that before regarding resources. I would hazard a guess that they're still relatively unlikely to pursue you if you'd made a decent effort with your nominated employer (i.e. over a year) and you stay living and working regionally. I would guess that the two year requirement is to stop people coming into Australia, leaving in a week and moving into the big cities where they don't really need a big population growth.

Good luck to everyone waiting to hear though with their visa outcome. 

[Mohit100]

On 22/05/2018 at 07:44, SineadK said:

Yeah me too - regional for almost 3 years... submitted in August 2017, still nothing! 

Now no more these stories please need to change topic now cook nominations 19/06/17 waiting for nominations please mention how many cooks receive nominations on recently???

[Garry-88]

41 minutes ago, Mohit100 said:

Now no more these stories please need to change topic now cook nominations 19/06/17 waiting for nominations please mention how many cooks receive nominations on recently???

Hi I applied mine on 08/2017 as cook no news yet. My friend applied his file as same position and restaurant on 06/2016 and his file open in 03/2017 visa granted in 04/2017. I am thinking to do skill assessment and apply for 190 visa . It is very long time to wait for 24 month.

[Garry-88]

Is any of the cook done his skill assessment as a chef . I am little confused can I do my skill assessment as a chef or just cook . I have two year fulltime and 3 year part time experience as cook.

[Siddu]

2 minutes ago, Garry-88 said:

Is any of the cook done his skill assessment as a chef . I am little confused can I do my skill assessment as a chef or just cook . I have two year fulltime and 3 year part time experience as cook.

Do we have to do skill assessment even if we have 3 years fulltime experience as cook?

and also if we have certificate 4 in commercial cookery?