Options if 186 is refused

[ntiver]

Hi guys.

I'm on a 457 (which expires Jan 2018), and my employer and I submitted our 186 application in July.  I would just like to know what options are open to me should either part of the application be refused (either my employer's sponsorship or my application)?

There are a few questions regarding whether immigration will be satisfied that we meet the training requirement, as a lot of our training is provided free by our vendors, although as they are worldwide, we do incur significant travel expenditure to attend (greater than 1% of payroll) which I know can be counted towards the benchmark.

If however we're refused, what are my options?  I only have about 6 weeks left on my 457 before the Bridging Visa kicks in.  Can I appeal against a refusal? What about other types of visa?  Can I get a study visa and go to uni instead?  What options are there which mean I can stay here?  I just can't bear the thought of having to leave my partner and family here in Australia and go back to the UK - I've been here for 3+ years and built a life here :-(

Any help/advice would be greatly appreciated.

Thanks

Neil

PS: Owing to age and education I can't reach enough points to qualify for a 189 visa, so that's not an option

[parveen]

I have same situation in September my visa expire and my agent ask me to extend my 457 just in case so I already extend my 457 visa

[rammygirl]

If your partner is here, then are they PR or citizen?  If so what about a partner visa 

[ntiver]

Hi rammygirl - I did think about that, but we don't meet the criteria for de-facto (not living together with no shared bills/banks etc), and not been together long enough to be able to provide sufficient grounds.  Thanks :-)

[manish2017]

Hi,

i have applied for the ENS nomination and visa together. My friend in the same company got nomination refused due to training benchmark. My visa has still not been decided. I'm worried about mine. But it have uploaded stat declaration why the company fail to pay benchmark in the particular direction.

 

 

please can u suggest 

Edited May 19, 2018 by manish2017

[Tania]

I had my nomination refused too, without asking any documents, so unfair.

There are 2 options I can think of:

1. Withdraw my visa application so it will not be refused which make a record in my visa history. Re-submit  nomination with more supporting documents and re-submit new application. New process/time frame will start all over again

I have read through the forum and there was a case that the second nomination was approved, so there is a little bit of hope there.

2. Go to AAT. But AAT also takes ages (449 days). 

I also read through the forum about AAT and one person did both things at the same time: re-submitted  nomination and appeal. After 2 months he got nomination approved and he withdrew his appeal application

There was also another one that submitted appeal in Nov 2016. AAT asked for documents in March 2018, in May AAT decided he won, no court hearing.

So which way to go, I am still not sure yet

Does anyone had experience with one or two options above, or both, please do share. Thanks