457 SBS refused, what's next?

[Demmu]

Hi, all

We lodged SBS application, Nomination and 457 visa all together on 15th of March 2018.

2 months later SBS application was refused and is finalised, no further questions asked.

Should company apply new SBS and try to fulfill the requirements that haven't been met? If so, how to update nomination application with new SBS reference number? Should use "Notification of changes in circumstances" or "Notification of incorrect answer(s)" forms?

Thank you in advance. Any tips are highly appreciated.

[Samson]

You wont get too much help on this forum as most of the fault above is caused by your company not lodging the correct paperwork and or lodging it when they don't fulfill the requirements of the SBS. 

The time it takes for you to fulfill the requirements that your company didn't meet, your nomination and visa will be refused as you have no valid Sponsor. I would withdraw them now. 

I would then apply for SBS when the company meets the requirements

I would then apply for TSS Visa when the SBS has been approved. 

Remember though, Using a forum like this doesn't give you professional advice, something that is normally needed nowadays with the immi crackdown 

 

Edited May 28, 2018 by Samson

[Demmu]

Hi, Samson

Thank you for your insights and explanation.

I am on bridging visa at the moment and that's the reason all 3 applications had/have to lodge together.

I just checked my 457 application (see picture attached) and I've answered that if I withdraw my 457 application, then I am seeking for a refund. So, if I withdraw now, I can get refund? Especially if the reason is SBS refusal.

But technically and theoretically speaking, if company would lodge the SBS application again with right paperwork, then it's possible to update nomination application with right (new) SBS reference number?

I understand that any information provided in forum could be misleading. However, I appreciate any feedback and are grateful for all the replies.  

[Samson]

You need to complete form 1424 

https://www.homeaffairs.gov.au/Forms/Documents/1424.pdf

And question around 21ish says the reason for a refund, Business sponsorship was refused 

I would assume you need to withdraw the Nomination / Visa application first, if the visa is refused then you wont get a refund. (You may also need to submit 2 of these for nom and visa) I have never one that so don't have much experience with that) 

Also, I am not sure if a nom/visa can be linked to a new SBS application , I think the loophole is caused by a pending SBS application is considered to be an approved sponsor(by legal terms) , hence why you can apply for sbs, nomination and visa at the same time, however now your nomination and visa predate your "new" sbs application so there was no valid sbs at time of lodgement. (For example, a recent AAT appeal we made, we had to lodge a nomination, before lodging our appeal, if we had lodged the appeal first(even a few seconds before)  we wouldn't have a valid nomination and our appeal would have failed at the first step.) 

Again, the above is my assumption and please don't take it as fact, you really need to get a good MA's advice, pay for a consultation and provide the info for them to get a better understanding of your case. 

 

Regards

 

 

 

[Demmu]

Hi, Samson

Thank you, thank you, thank you. I really appreciate your time and thoughts.

I just waited 2 hours on the phone to talk with immigration hotline and they advised me the same thing. That company needs to apply for new SBS and new nomination and I need to apply for new visa. And I also get refund if I withdraw my application.

Best regards