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Madhav

457 nomination & visa applied but still waiting for case officer

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    Hi guys

     

    My employer's migration agent applied for my 457 visa application and nomination on 10th October. But still no case officer is allocated for my case.

    When he applied for nomination and visa on that time, immi website was showing 90 days for visa grant, later on 5 months and now 9 months.

    Frustrated with the immigration system and their working.

    Anyone who's still waiting for since October.......

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    The latest advice from Immigration is that they are currently looking at 457 applications lodged on 9 October 2017, so you may be close.


    Raul T Senise 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 Raul,

    What's the new update on 457 visa, as I am still waiting for my visa grant.
    If you have any information regarding visa 457, then please help me. Thanks in advance.

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    You might need to wait until 1st June for another update

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    On 26/05/2018 at 17:32, Madhav said:

    Hi Raul,

    What's the new update on 457 visa, as I am still waiting for my visa grant.
    If you have any information regarding visa 457, then please help me. Thanks in advance.

    We are starting to see them move, but they are still very slow.


    Raul T Senise 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 Raul & Samson

     

    Today I got the bad news from immigration department they refused my nomination. Please see the image which I uploaded with the reason.

    Going to AAT is taking more than a year I guess.

    Please let me know what other options I have?

    Thanks in advance.

     

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    Oh Dear. Sorry to hear the bad news. 

    You really need to take all the refusal information (Refusal and all application info) to a Registered Migration Agent to discuss your options. Your Visa application will also be refused shortly as you have no approved nomination. 

    With that said above you would need to appeal your nomination and then also your visa application. That's not far off $4000. 

    And with that said above, AAT have no obligation to review the Nomination refusal before the Visa refusal so if you lodge your AAT appeal they could make a decision on your Visa, i.e affirm the visa refusal as you have no nomination and the Nomination appeal itself is totally pointless. 

    I think the AAT are also massively swamped, 80% increase in workload from last year., that's over 10000 cases more than last yr.... ouch. 

    I can't really make out the actual refusal based on that image, I assume its because your company didn't satisfy the LMT... If this is the case, then you need to make sure you can prove that they did do LMT or were exempt from this in order to appeal the decision, if not then there is no reason to appeal..

    The AAT have a priority list to follow, one of them priorities now is to stop AAT appeals that have only been lodged to delay the inevitable, i.e people lodging a 457 visa refusal when they don't have a valid nomination, these are screened pretty quickly.. 

    What ever you decide to do, remember your time limits to lodge & also remember to lodge the nomination appeal BEFORE the visa appeal. 

    If you are still on a substantive visa, I would withdraw the visa application and re-assess your situation and maybe get some professional advice on moving forward. 

    All the best ;;-)

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    Oh Dear. Sorry to hear the bad news. 
    You really need to take all the refusal information (Refusal and all application info) to a Registered Migration Agent to discuss your options. Your Visa application will also be refused shortly as you have no approved nomination. 
    With that said above you would need to appeal your nomination and then also your visa application. That's not far off $4000. 
    And with that said above, AAT have no obligation to review the Nomination refusal before the Visa refusal so if you lodge your AAT appeal they could make a decision on your Visa, i.e affirm the visa refusal as you have no nomination and the Nomination appeal itself is totally pointless. 
    I think the AAT are also massively swamped, 80% increase in workload from last year., that's over 10000 cases more than last yr.... ouch. 
    I can't really make out the actual refusal based on that image, I assume its because your company didn't satisfy the LMT... If this is the case, then you need to make sure you can prove that they did do LMT or were exempt from this in order to appeal the decision, if not then there is no reason to appeal..
    The AAT have a priority list to follow, one of them priorities now is to stop AAT appeals that have only been lodged to delay the inevitable, i.e people lodging a 457 visa refusal when they don't have a valid nomination, these are screened pretty quickly.. 
    What ever you decide to do, remember your time limits to lodge & also remember to lodge the nomination appeal BEFORE the visa appeal. 
    If you are still on a substantive visa, I would withdraw the visa application and re-assess your situation and maybe get some professional advice on moving forward. 
    All the best ;;-)



    Thanks Samson for your quick response.
    I am offshore. My MA didn't submit the LMT, because she said for ANZSCO 133512 Production Manager (Mfg) didn't require any LMT.
    But my employer have all the documents for LMT.
    I guess I am unable to appeal for my visa in AAT. Because I am offshore. If my employer win the case in AAT on that time, I am unable to apply for the 457 visa. Now let me know what I have do.
    Thanks.

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    Withdraw your visa application. 

    Apply for the TSS nomination with LMT / & TSS visa (STSOL) 2 Year Visa.

    Processing times for these seem to be 2-4 weeks at present. 

    You are offshore, you cannot appeal and you cannot apply for a 457 visa any longer. 

    surely your company is not prepared to wait another 12+ months for you - look into the TSS visa stream is my own personal opinion. 

     

     

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    Hi Samson & Raul

    Please see the uploaded images of my nomination refusal. That's what I have right now. Advise me what you think and what is best for me.
    Thanks in advance Samson & Raul.

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    It appears that the application was refused as the case officer did not believe the potion to be genuine. This can be very subjective.

    I can not offer advice without knowing all of the details of the case and I would not get involved as you already appear to have an Agent acting for you. I would recommend that you first discuss with your Agent and see what they advise.  


    Raul T Senise 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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    I can't help any further buddy,  It's now down to your potential sponsor and their Migration Agent to decide the way forward! I wish you all the luck! 😉

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    Thanks Samson and Raul for all your suggestions.

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    My employer and MA will Skype me on Thursday. I just want to know do I have any chance ?
    Samson can you please let me know the scenario, what other options I have ?

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    Hey mate, I am not a Migration Agent so my advice is really my own personal thoughts based on the small amount of knowledge I have on 457 visas.. 

    you have all these negatives, 

    1 -Nom refused 

    2 - Visa applied offshore no review rights as far as I am aware (I am happy to be corrected though) for when the visa is refused if not already. 

    3 - 457 visas are now abolished and the department frankly want them gone, you can no longer re-apply for a 457 visa so I really don't see how this is going to end in your favour. 

    My advice above stands, withdraw your visa application, reapply for the TSS visa making sure the company is meeting the requirements of the TSS Nomination. 

    Out of pure curiosity, what is the trade, business size? Aussie vs Non Aussie employees? length of trading? 

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    I can't withdraw my visa application, coz it's already refused with the nomination. I read the refusal notification which I uploaded for you and Raul, I saw the company is in the business from 2012.

    Thank you so much for your time.

     

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