Kay369 Posted March 22, 2019 Share Posted March 22, 2019 Hey, so i have been in Australia for 7 years as a hairdresser. I had completed my 457 visa and my boss which really did drag her heels on being my nominee for 186 (pr) i had applied in May 2017 and in Nov 2017 she had sold the buisness. 8 days before she sold i had my bridging visa come through. My migrant officer had advised she keep the abn open until my grant comes through. 22 months later immigration finally open my case to see my nominees abn had been deregistered one month ago. My ex boss had not rang me for confirmation but presumed. My agent had now advised me its likely it will be refused and gave me 2 options. Option 1- apply for tribunal (which my ex boss will not pay for) which buys me 12 months to move to tasmania work there for 6 months and then apply for state nomination visa 190. With my ex boss not paying for tribunal other option is get sponsored in tassie and then 6 months after apply for state nom Option 2- get sponsored where i am now (where i am really happy) then apply for pr the day my 482 expires. Has anybody heard of this sort of case happen before ? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 22, 2019 Share Posted March 22, 2019 So even though the business had ceased to exist they kept the ABN "live"so you could get a visa without a job to go to or a company to work for? Words fail me....... Quote Link to comment Share on other sites More sharing options...
LouDYorkie Posted March 22, 2019 Share Posted March 22, 2019 Hey, so i have been in Australia for 7 years as a hairdresser. I had completed my 457 visa and my boss which really did drag her heels on being my nominee for 186 (pr) i had applied in May 2017 and in Nov 2017 she had sold the buisness. 8 days before she sold i had my bridging visa come through. My migrant officer had advised she keep the abn open until my grant comes through. 22 months later immigration finally open my case to see my nominees abn had been deregistered one month ago. My ex boss had not rang me for confirmation but presumed. My agent had now advised me its likely it will be refused and gave me 2 options. Option 1- apply for tribunal (which my ex boss will not pay for) which buys me 12 months to move to tasmania work there for 6 months and then apply for state nomination visa 190. With my ex boss not paying for tribunal other option is get sponsored in tassie and then 6 months after apply for state nom Option 2- get sponsored where i am now (where i am really happy) then apply for pr the day my 482 expires. Has anybody heard of this sort of case happen before ?I’m sure this story wouldn’t surprise any migration agent on this site. They must have heard them all by now!I personally haven’t heard of this but am surprised that you appear to think your former employer ought to have falsely kept their business going for you at all let alone longer than they did whilst you obtain a visa under what sounds like false pretences.I, one of many on here would have arrived on a temporary visa some years ago and had moments of heartache and stress of thinking there is no option but to return to the U.K. before getting permanent residency. Speaking for myself, at no point did I try to rort the system, sorry, but this makes me angry. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 22, 2019 Share Posted March 22, 2019 (edited) 14 hours ago, Kay369 said: i had applied in May 2017 and in Nov 2017 she had sold the buisness. 8 days before she sold i had my bridging visa come through. My migrant officer had advised she keep the abn open until my grant comes through. 22 months later immigration finally open my case to see my nominees abn had been deregistered one month ago. My ex boss had not rang me for confirmation but presumed. My agent had now advised me its likely it will be refused and gave me 2 options. Option 1- apply for tribunal Option 2- get sponsored where i am now (where i am really happy) then apply for pr the day my 482 expires. It sounds to me like the agent advised you and your boss to defraud Immigration by pretending the business was still a valid business. On that basis, I can't see how you could possibly go to the tribunal. In fact, I'd be worried it might backfire - if they do regard it as fraud then you could have a black mark on your record which would affect future visa applications. Your only hope is to find another sponsor, IMO Edited March 22, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
ali Posted March 23, 2019 Share Posted March 23, 2019 16 hours ago, Kay369 said: Hey, so i have been in Australia for 7 years as a hairdresser. I had completed my 457 visa and my boss which really did drag her heels on being my nominee for 186 (pr) i had applied in May 2017 and in Nov 2017 she had sold the buisness. 8 days before she sold i had my bridging visa come through. My migrant officer had advised she keep the abn open until my grant comes through. 22 months later immigration finally open my case to see my nominees abn had been deregistered one month ago. My ex boss had not rang me for confirmation but presumed. My agent had now advised me its likely it will be refused and gave me 2 options. Option 1- apply for tribunal (which my ex boss will not pay for) which buys me 12 months to move to tasmania work there for 6 months and then apply for state nomination visa 190. With my ex boss not paying for tribunal other option is get sponsored in tassie and then 6 months after apply for state nom Option 2- get sponsored where i am now (where i am really happy) then apply for pr the day my 482 expires. Has anybody heard of this sort of case happen before ? Hi, like others, I think the safest bet if for you to try to find another sponsor. I'm concerned that your agent asked your ex boss to keep their business open - Are they MARA registered - it seems pretty unsound and fraudulent advice. I don't think it wise to go to a tribunal on the evidence you've presented here (as like others, on the surface it seems that a visa was trying to be gained when a business no longer existed). I'd be getting another agent who has a little more integrity. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted March 25, 2019 Share Posted March 25, 2019 Considerably more integrity by the sound f it. 4 Quote Link to comment Share on other sites More sharing options...
starlight7 Posted March 25, 2019 Share Posted March 25, 2019 I certainly wouldn't be going to any tribunal with that background as I think it would really turn round and bite you, so to speak. Your option 2 seems the best bet but I wouldn't be too confident really, given the circumstances. Get a good, honest agent! Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted March 25, 2019 Share Posted March 25, 2019 On 22/03/2019 at 18:54, Kay369 said: Hey, so i have been in Australia for 7 years as a hairdresser. I had completed my 457 visa and my boss which really did drag her heels on being my nominee for 186 (pr) i had applied in May 2017 and in Nov 2017 she had sold the buisness. 8 days before she sold i had my bridging visa come through. My migrant officer had advised she keep the abn open until my grant comes through. 22 months later immigration finally open my case to see my nominees abn had been deregistered one month ago. My ex boss had not rang me for confirmation but presumed. My agent had now advised me its likely it will be refused and gave me 2 options. Option 1- apply for tribunal (which my ex boss will not pay for) which buys me 12 months to move to tasmania work there for 6 months and then apply for state nomination visa 190. With my ex boss not paying for tribunal other option is get sponsored in tassie and then 6 months after apply for state nom Option 2- get sponsored where i am now (where i am really happy) then apply for pr the day my 482 expires. Has anybody heard of this sort of case happen before ? Don't count on 12 months for the Tribunal process as this may not happen. Do to massive backlogs, they often clear cases quickly where it is clear that the appeal has no chance of success, as this one appear to be. Quote Link to comment Share on other sites More sharing options...
sydneyishuk Posted March 27, 2019 Share Posted March 27, 2019 On 22/03/2019 at 18:54, Kay369 said: Hey, so i have been in Australia for 7 years as a hairdresser. I had completed my 457 visa and my boss which really did drag her heels on being my nominee for 186 (pr) i had applied in May 2017 and in Nov 2017 she had sold the buisness. 8 days before she sold i had my bridging visa come through. My migrant officer had advised she keep the abn open until my grant comes through. 22 months later immigration finally open my case to see my nominees abn had been deregistered one month ago. My ex boss had not rang me for confirmation but presumed. My agent had now advised me its likely it will be refused and gave me 2 options. Option 1- apply for tribunal (which my ex boss will not pay for) which buys me 12 months to move to tasmania work there for 6 months and then apply for state nomination visa 190. With my ex boss not paying for tribunal other option is get sponsored in tassie and then 6 months after apply for state nom Option 2- get sponsored where i am now (where i am really happy) then apply for pr the day my 482 expires. Has anybody heard of this sort of case happen before ? This is really annoying - no wonder that the waiting times are so long when cases like this happen! Any changes the department should be notified - you were no longer eligible for 186 visa as soon as your boss sold the business. 2 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.