Need help with 457 to 186 TRT

[Holybell]

Hi I am now facing massive problem with my 186 TRT Visa.  And my case is bit complicated.

I am actually running a business to sponsor my self to grant 457 visa, and was trying to use this 457 visa as a path-way to get my PR.  In past 4 years I invested about 2m into my business and my business currently very healthy running despite my Visa problem.

Here is my visa problem:

On Sep 2015 I granted my first 457 visa, and the period was 18 months as my company was newly established during that time. Occupation is "Property Manager"

On 3rd March 2017, I lodged my 457 Visa renewal, and company sponsorship. My company sponsorship was approved on 30th March 2017.   Nomination still awaiting for approval.

On 12th April 2017, Turnbull declare abolish of 457 Visa, then "Property Manage" was  removed from the skill list.

On Aug 2017,  My company 457 nomination was refused due to the occupation is not on the list, then my 457 visa was refused due to the nomination was refused.   Then we lodged AAT for appeal.  Then my 457 Bridging Visa grant, I am currently holding this visa working until now.

---------------Peace before the storm coming, and I am running my business and doing my work as normal and nothing happened.----------------------------

On Aug 2018, My Agent lodged 186 TRT nomination for my company, and advise the result should be come out with about 12 month.

From Aug 2018 Nov to 2019 Feb, I starting noticed there can be something wrong with my Visa.  about $5,000 consultation fee paid to different lawyer, obviously, most of them didn't even look my document just talking a lot of bull shit.  All 3 lawyer comes with 3 different answer.  but generally 2 lawyer said YES, and one said No to my 186 TRT chance. 

On March 2019, I have my new baby coming, and I received my AAT hearing notice for my 457 visa.  My agent suggest no go to AAT but prepare for the Judicial review.  and keep my working right with bridging A. 

I finally decided to let my current agent to do my case rather than change agent, because I believe my current agent is most familiar with my case. 

 

Few point of my case: 

1. I am holding 457 visa for 18 month from sep 2015 to march 2017.     
2. Then I hold 457 Bridging Visa A/B  since 2017 till now, which considered as not a substantive visa.
3. Total working period under 457 programme excess 3 year on Aug 2018. 
4. Two lawyer said YES, because they said my 186 TRT should under the old system or legislation, and they didn't see problem with me to apply for 186 TRT.            But the one said No gave me more information said I am not meet "egulation 5.19（5）(e)" as I didn't grant a substantive 457 visa and work under this visa for more than 3 years  as the bridging visa I granted  is not a substantive visa.    And 186 TRT Visa required the applicant need to substantive grant and work over 3 years. 

 

I have invested about 2m  into my business, and obviously my business can't run without me.  A visa cancellation will surly lead to collapse of my business and I will loss all the money and saving.  The success of my 186 TRT will be very important for me and my business.   Any common are welcomed.   

And feel free to message me if you have any valuable information which can help me to grant this 457 visa.  I happy to paid your effort. 

 

[VERYSTORMY]

First, if you lose a couple of million, the department do not care. It is irrelevant.

I would contact Go Matilda who are recognised as the best experts in your case. I will just say, this entire process should have been led by a migration agent from the start and that a 457 was always a temp visa with poor pathway to PR regardless of money. I am surprised someone would invest a couple of million without understanding that. 

[Raul Senise]

5.19(5)(e) will be be an issue as you do not appear to meet this Regulation. There is some scope in Policy to include time on a BV between 457/482 visas, however, it is debatable whether it would apply in your case.

Section 48 also needs to be considered.

 

 

[Holybell]

3 hours ago, VERYSTORMY said:

First, if you lose a couple of million, the department do not care. It is irrelevant.

I would contact Go Matilda who are recognised as the best experts in your case. I will just say, this entire process should have been led by a migration agent from the start and that a 457 was always a temp visa with poor pathway to PR regardless of money. I am surprised someone would invest a couple of million without understanding that.  



Thanks for reply.  I do understand 457 is a temp visa and is not a pathway to PR.  But it was quite popular for a small business investor to get their PR.   

[Holybell]

3 hours ago, VERYSTORMY said:

First, if you lose a couple of million, the department do not care. It is irrelevant.

I would contact Go Matilda who are recognised as the best experts in your case. I will just say, this entire process should have been led by a migration agent from the start and that a 457 was always a temp visa with poor pathway to PR regardless of money. I am surprised someone would invest a couple of million without understanding that.  



My case was led by a migration agent from start.    Really appreciate your common and time.   I will try to contact Matilda for consultation.

[Holybell]

2 hours ago, Raul Senise said:

5.19(5)(e) will be be an issue as you do not appear to meet this Regulation. There is some scope in Policy to include time on a BV between 457/482 visas, however, it is debatable whether it would apply in your case. 

Section 48 also needs to be considered.

  

 

Appreciate for your reply.   As I am not a professional in migration.   Would you mind explain why it is debatable.  and What is section 48? 

Also Does my case actually can apply 457 grandfathering provisions? 

 

Thanks for your effort. 

[Raul Senise]

3 minutes ago, Holybell said:

Appreciate for your reply.   As I am not a professional in migration.   Would you mind explain why it is debatable.  and What is section 48? 

Also Does my case actually can apply 457 grandfathering provisions? 

 

Thanks for your effort. 

Your case is complex and would require a detailed assessment for specific advice. The information below is just general.

The Policy wording in regard to 5.19(5)(e) is open to interpretation and is not clearly define in your case.

Section 48 stops you from lodging a visa application on shore if you do not hold a substantive visa and have had a visa refused or cancelled.

It would appear that grandfathering provisions would apply to you.

 

 

[Holybell]

9 minutes ago, Raul Senise said:

Your case is complex and would require a detailed assessment for specific advice. The information below is just general.

The Policy wording in regard to 5.19(5)(e) is open to interpretation and is not clearly define in your case.

Section 48 stops you from lodging a visa application on shore if you do not hold a substantive visa and have had a visa refused or cancelled.

It would appear that grandfathering provisions would apply to you. 

 

 

Hi Raul,

I am happy to pay reasonable price for detail assessment, it seems there is not message function in this forum.    How can I contact you for this detail assessment. 

[MaggieMay24]

2 hours ago, Holybell said:

Hi Raul,

I am happy to pay reasonable price for detail assessment, it seems there is not message function in this forum.    How can I contact you for this detail assessment. 

@Holybell you can contact Raul through the link in his signature.... www.ozimmigration.com

[Holybell]

50 minutes ago, MaggieMay24 said:

@Holybell you can contact Raul through the link in his signature.... www.ozimmigration.com

Thank you.  I will try to e-mail this agent first.