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Hello, 

I'm very new to this site so hope I'm doing this correctly. I was hoping to get some advice from anyone who is in the know / has had a similar experience. 

I have been employed with my employer for 2 years and 5 months. My employer completed a nomination for me for 186 visa In May last year. I submitted my application in October last year. 

It has only recently come to my attention that the department are disputing the validity of my visa and it sounds like it won't be granted because the nomination was put it too early. ( My concern being my money for visa may be lost despite them not even looking at my part of the application yet )

We have received nothing formal yet - but communication / response is proving very difficult. 

Im just wondering how likely it is that the nomination and subsequent application would be approved given it was submitted early ? Even though that time frame has long been surpassed? And I made contact before I submitted my application and feel like I have been given misleading information? 

Also, if it was to be refused - what would my options be? Or is there anything I can do now before it gets to that point ? 

I have been trying to access some advice from certified migration agents and waiting on call backs/ appointments but my anxiety regarding this is getting the better of me so thought I would post here to see if there is any other advice. 

Hope to hear from someone soon. 

Thanking you in advance. 

Edited by Suro
Grammar

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Hello, 
I'm very new to this site so hope I'm doing this correctly. I was hoping to get some advice from anyone who is in the know / has had a similar experience. 
I have been employed with my employer for 2 years and 5 months. My employer completed a nomination for me for 186 visa In May last year. I submitted my application in October last year. 
It has only recently come to my attention that the department are disputing the validity of my visa and it sounds like it won't be granted because the nomination was put it too early. ( My concern being my money for visa may be lost despite them not even looking at my part of the application yet )
We have received nothing formal yet - but communication / response is proving very difficult. 
Im just wondering how likely it is that the nomination and subsequent application would be approved given it was submitted early ? Even though that time frame has long been surpassed? And I made contact before I submitted my application and feel like I have been given misleading information? 
Also, if it was to be refused - what would my options be? Or is there anything I can do now before it gets to that point ? 
I have been trying to access some advice from certified migration agents and waiting on call backs/ appointments but my anxiety regarding this is getting the better of me so thought I would post here to see if there is any other advice. 
Hope to hear from someone soon. 
Thanking you in advance. 

The visa application must be lodged within months after nomination approved, which is clearly stated in the nom approval notice. Are you saying that you visa is lodged beyond 6 months?

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The visa application must be lodged within 6 months after nomination approved, which is clearly stated in the nom approval notice. Are you saying that your visa is lodged beyond 6 months?

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Hello 

my visa application was lodged 5 months after the nomination 

 

but the nomination was put in before the anniversary of my 2 years employment 

 

which I believe is the issue ?

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13 hours ago, Suro said:

Hello, 

I'm very new to this site so hope I'm doing this correctly. I was hoping to get some advice from anyone who is in the know / has had a similar experience. 

I have been employed with my employer for 2 years and 5 months. My employer completed a nomination for me for 186 visa In May last year. I submitted my application in October last year. 

It has only recently come to my attention that the department are disputing the validity of my visa and it sounds like it won't be granted because the nomination was put it too early. ( My concern being my money for visa may be lost despite them not even looking at my part of the application yet )

We have received nothing formal yet - but communication / response is proving very difficult. 

Im just wondering how likely it is that the nomination and subsequent application would be approved given it was submitted early ? Even though that time frame has long been surpassed? And I made contact before I submitted my application and feel like I have been given misleading information? 

Also, if it was to be refused - what would my options be? Or is there anything I can do now before it gets to that point ? 

I have been trying to access some advice from certified migration agents and waiting on call backs/ appointments but my anxiety regarding this is getting the better of me so thought I would post here to see if there is any other advice. 

Hope to hear from someone soon. 

Thanking you in advance. 

If you are applying under the Temporary Resident Transition pathway (TRT), the nomination must be lodged after the 2 year anniversary on your 457 visa, as this is a time of lodgement criteria for the nomination.

If the nomination was lodged before your had worked there for 2 years on a 457, then it must be refused. As such the visa application will also fail.

If you still hold the 457 visa (i.e. you are not yet on a bridging visa) then both applications will need to be re lodged. 

Unfortunately it sounds like an expensive mistake.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Hi Paul, 

thanks for your reply. I'm already on a bridging visa would that change anything? Also would there be a possibility to withdraw and request a refund? 

(Sorry clutching at straws to avoid breaking the bank)

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6 minutes ago, Suro said:

Hi Paul, 

thanks for your reply. I'm already on a bridging visa would that change anything? Also would there be a possibility to withdraw and request a refund? 

(Sorry clutching at straws to avoid breaking the bank)

Are you sure that the bridging visa is active? From what you have posted I don't think it is yet.

If you are on a bridging visa, this will complicate things significantly.

Do yourself a favour and obtain some paid professional advice, as simple mistakes look to have already cost you a lot of money and time.

Trying to solve a complex issue from advice from a Public forum is not ideal.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Thanks

For sure, 

I've got an appointment today at 2pm but was very distressed yesterday waiting and thought there would be no harm in asking. 

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On 18/01/2018 at 18:52, Suro said:

Hello 

my visa application was lodged 5 months after the nomination 

 

but the nomination was put in before the anniversary of my 2 years employment 

 

which I believe is the issue ?

No mate ...u are only aliglble for 186 nominations you need complete two year before apply new nominations.

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