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Amourah

visa application purposefully incomplete?

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Hear me out - I need to know if I'm crazy to believe this or if it's actually possible. I think my employer purposefully submitted an incomplete application to sponsor me for PR in order to have my case sent to appeals tribunal.  This wait period is 440 days average, which conveniently locks me in to remain working with them.

My company used a migration agent who is also a personal friend of my boss.

The reason their application to sponsor was refused was because they failed to summit the portion where they are supposed to demonstrate a need for me. This is on the list of requirements so I don't understand how a competent migration agent could have missed that, especially assuming he's done this before. Even when searching online for reasons the visa could be refused, it comes up as one of the things to look out for.  I'm not sure if the processing officer reached out to our migration agent for this information, but somewhere in the refusal letter it mentioned that there was adequate time to submit additional information that may of been lacking and it was basically timed out from waiting and refused for being incomplete.

So here we've been waiting since March for this tribunal appeal. 

The business owner has since engaged in an immigration lawyer to handle the case.

But now I'm wondering - why the heck didn't they just reapply with a complete application? Why is appealing better? The time to process the application is a lot faster than then 440 day wait for a tribunal.

Apparently also we could submit the information to the appeals tribunal in chance that they could make a decision on that information instead of waiting for the tribunal meeting. This hasn't been done which shows that the company isn't in a hurry to get this sorted.

If the original application was complete, I would have had my PR visa by now and I would not have been bound to my employer. Being on a Bridging Visa A has taken a toll on me not being able to leave the country. I came to Australia on working holiday visa because i LOVE to travel. I would have been all over neighboring countries by now, and visited home and made it to my cousin's wedding. If I would have know this was what I was in for, then I would have chosen a different path to residency or a working visa.  I'm pretty close to just saying screw it and return home, which is a shame because I love Australia and Australia should love me as a highly skilled worker.

What do you guys think?  Should I just be grateful that I'm getting sponsored for a PR visa or am I right to feel that there is purposeful negligence by my employer?

 

 

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2 hours ago, Amourah said:

Hear me out - I need to know if I'm crazy to believe this or if it's actually possible. I think my employer purposefully submitted an incomplete application to sponsor me for PR in order to have my case sent to appeals tribunal.  This wait period is 440 days average, which conveniently locks me in to remain working with them.

My company used a migration agent who is also a personal friend of my boss.

The reason their application to sponsor was refused was because they failed to summit the portion where they are supposed to demonstrate a need for me. This is on the list of requirements so I don't understand how a competent migration agent could have missed that, especially assuming he's done this before. Even when searching online for reasons the visa could be refused, it comes up as one of the things to look out for.  I'm not sure if the processing officer reached out to our migration agent for this information, but somewhere in the refusal letter it mentioned that there was adequate time to submit additional information that may of been lacking and it was basically timed out from waiting and refused for being incomplete.

So here we've been waiting since March for this tribunal appeal. 

The business owner has since engaged in an immigration lawyer to handle the case.

But now I'm wondering - why the heck didn't they just reapply with a complete application? Why is appealing better? The time to process the application is a lot faster than then 440 day wait for a tribunal.

Apparently also we could submit the information to the appeals tribunal in chance that they could make a decision on that information instead of waiting for the tribunal meeting. This hasn't been done which shows that the company isn't in a hurry to get this sorted.

If the original application was complete, I would have had my PR visa by now and I would not have been bound to my employer. Being on a Bridging Visa A has taken a toll on me not being able to leave the country. I came to Australia on working holiday visa because i LOVE to travel. I would have been all over neighboring countries by now, and visited home and made it to my cousin's wedding. If I would have know this was what I was in for, then I would have chosen a different path to residency or a working visa.  I'm pretty close to just saying screw it and return home, which is a shame because I love Australia and Australia should love me as a highly skilled worker.

What do you guys think?  Should I just be grateful that I'm getting sponsored for a PR visa or am I right to feel that there is purposeful negligence by my employer?

 

 

I'd say not so much negligence by the employer as by the agent They should have checked everything was submitted. Presumably they are MARA registered, so take it up with them 

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As above.

But if the agent isn’t MARA and is a friend of the employer I’d say there is a good chance you have been screwed over tbh.

If the agent is MARA they have messed it up and you can complain via the website I think. They are bound by codes of conduct.

Not much surprises me in the way employers behave trying to bypass the rules to benefit themselves at the expense of the employee. 

Good luck with whatever you decide or indeed how it works out with your application.

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A new application isn't cheap and they may prefer to instead salvage the existing one.

If you're on a BVA, you can simply apply for a BVB in order to travel overseas.  It's generally not expensive or difficult to get a BVB.


____________________________________________________

186 ENS Temporary Residence Transition - Granted Dec 2013 :biggrin:

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If you are being sponsored by the company for PR isn't there some obligation to remain with them for a certain amount of time?  Obviously, no one can say if it was deliberate - but could they be aware you don't have any intention of staying with them?


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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5 minutes ago, ali said:

If you are being sponsored by the company for PR isn't there some obligation to remain with them for a certain amount of time?  Obviously, no one can say if it was deliberate - but could they be aware you don't have any intention of staying with them?

186 Employer nominated scheme - there is a direct entry scheme that doesn't require staying with the employer, and a labour agreement stream. I'm doing the former. I did have to agree to work in my field for a certain amount of years through.

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13 hours ago, MaggieMay24 said:

A new application isn't cheap and they may prefer to instead salvage the existing one.

If you're on a BVA, you can simply apply for a BVB in order to travel overseas.  It's generally not expensive or difficult to get a BVB.

Well, maybe, but the appeal also has fees and the lawyer alone they hired for the appeal is costing the company $12-$16k.

I could try for a BVB from what I've read I don't have a good enough reason.

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17 hours ago, Amber Snowball said:

If the agent is MARA they have messed it up and you can complain via the website I think. They are bound by codes of conduct.

The migration officer is MARA. Since they were hired by my company for my company's application to become a sponsor, I'm not really privy to that agreement as it has nothing to do with my own application.  My employer would have good reason to complain, I agree, if it wasn't a friend =/

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3 hours ago, Amourah said:

The migration officer is MARA. Since they were hired by my company for my company's application to become a sponsor, I'm not really privy to that agreement as it has nothing to do with my own application.  My employer would have good reason to complain, I agree, if it wasn't a friend =/

Such a hard situation for you. I hope it works out. The whole visa thing is so complex.

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14 hours ago, Amourah said:

Well, maybe, but the appeal also has fees and the lawyer alone they hired for the appeal is costing the company $12-$16k.

I could try for a BVB from what I've read I don't have a good enough reason.

Going on a vacation, returning home for a wedding, etc. are good enough reasons usually to get a BVB.


____________________________________________________

186 ENS Temporary Residence Transition - Granted Dec 2013 :biggrin:

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