Visa fees if nomination or LMT refused (TSS/482)

[GeeBee 12]

Hi,

We're currently awaiting for our sponsor to conclude Labour Market Testing, submit a nomination for our TSS visa and provide us with the TRN for our visa application (assuming job is still there).

Due to sponsor's internal processes not keeping up with recent changes to the Labour Market Testing requirements, the sponsor has had to re-advertise the job because the original wasn't online for long enough; they realised this before they submitted the nomination. 

Our plan was to submit our visa (all ready to go) as soon as the nomination TRN is received but I'm now wondering what happens if the sponsor makes another admin error and the LMT isn't right?  Would the nomination get refused and if so would our visa be automatically refused and we lose our fee? 

Not sure whether to wait for the nomination approval before submitting the visa, but would be yet more delays.  However I have visions of the sponsor submitting the LMT evidence with the nomination only for it to be bounced back and re-run for a third time and then for the job to go and we've already paid our application fee.

Thanks

[Raul Senise 2,068]

12 minutes ago, GeeBee said:

Hi,

We're currently awaiting for our sponsor to conclude Labour Market Testing, submit a nomination for our TSS visa and provide us with the TRN for our visa application (assuming job is still there).

Due to sponsor's internal processes not keeping up with recent changes to the Labour Market Testing requirements, the sponsor has had to re-advertise the job because the original wasn't online for long enough; they realised this before they submitted the nomination. 

Our plan was to submit our visa (all ready to go) as soon as the nomination TRN is received but I'm now wondering what happens if the sponsor makes another admin error and the LMT isn't right?  Would the nomination get refused and if so would our visa be automatically refused and we lose our fee? 

Not sure whether to wait for the nomination approval before submitting the visa, but would be yet more delays.  However I have visions of the sponsor submitting the LMT evidence with the nomination only for it to be bounced back and re-run for a third time and then for the job to go and we've already paid our application fee.

Thanks

If the nomination is refused, the visa can be withdrawn or will be refused.

Unlike the old 457 system, you can not associate an already lodged visa with a new nomination anymore.

[GeeBee 12]

13 minutes ago, Raul Senise said:

If the nomination is refused, the visa can be withdrawn or will be refused.

Unlike the old 457 system, you can not associate an already lodged visa with a new nomination anymore.

Thanks Raul,

So - following a quick google - if the sponsor nomination is refused I'd have to withdraw the application and try and claim a refund on the basis of that.  Refund not guaranteed, but it is quoted as a reason as to why a refund may be given (no timescales provided).

Only thing I'm unsure of is whether the sponsor would get a second shot at the nomination if they make a mistake or whether it'll just be refused straight away.

I think I'm going to ask to be forwarded the LMT evidence before paying. If in doubt then wait for the nomination to be approved.

The sponsor is a large organisation but I think I'm only have these concerns due to the recent changes and the fact they don't seem up to speed across all the departments I'm in touch with.