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187 visa conditions after winning AAT


Cippalippa

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Hey there,

 

Someone might recognise me from previous discussions.

 

So... I finally got my visa and PR through the 187 direct entry.

 

I initially applied in June 2016. In December 2017 my nomination was refused and we appealed to the AAT.

 

We won the appeal in August 2019 and my visa was remitted for reconsideration to immigration. Finally on November 1st 2019 I got my golden email!

 

Now.... my grant letter doesn’t state any working conditions that restrict me to my actual employer. One of my friends got the same visa back in 2015 and I remember her letter clearly saying she had to work for 2 years with the employer.

 

Mine says nothing about it!

 

I even checked on VEVO. It says I have unlimited working and study rights.

 

Does it mean that they took into consideration the time that I worked for my employer from when I applied to the tribunal (like when you serve time in jail while waiting for the trial and the you are found not guilty or guilty and the sentence is time served lol)?

 

I see so many great and better job opportunities passing by under my nose that could really benefit my work career and I wonder if you could actually take them without waiting for 2 years.

 

Is there anyone that could actually tell me? I would contact the immigration but... how???? They never answer!!!

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No work conditions are imposed on a 187 visa, or ever were, so your friend misinformed you.

Notwithstanding this, it is possible to have a 187 cancelled for not fulfilling the undertaking to work for the nominating employer for two years after commencing employment, which is part of the nomination/visa application. You are supposed to start work within 6 months of the visa grant and then work for 2 years.

 

 

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  • 2 weeks later...
. You are supposed to start work within 6 months of the visa grant and then work for 2 years.
 
 


I understand you have to start working within 6 months from visa grant and remaining for 2 years for with the employer but what if because of the initial unfair refusal (which is the immigration’s fault), I have already fulfilled more than 2 years employment (4 as a matter of fact, 2 since the refusal itself)? In this case, could it be possible that I have made a genuine effort to remain employed for at least 2 years?
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 You should be OK with what you want to do, but as you have already found out the hard way, ministerial delegates can stuff up completely, cost an aggrieved party money and time (and plenty of both) and face no consequences.

Try to get a confirmation in writing from a senior immigration official. Your Federal member should be able to assist with this. The Paper Tiger (ombudsman) might help, or more likely would not. 

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 You should be OK with what you want to do, but as you have already found out the hard way, ministerial delegates can stuff up completely, cost an aggrieved party money and time (and plenty of both) and face no consequences.
Try to get a confirmation in writing from a senior immigration official. Your Federal member should be able to assist with this. The Paper Tiger (ombudsman) might help, or more likely would not. 


Thanks for your reply
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  • 2 years later...

Hello Friend,

 

Remember this email of yours back then (copy pasted below). I now have exactly the same question. I also won the AAT, got the Gold News last night of a Grant and NO CONDITION on my visa! Does it mean I am free to fly? I can work anywhere I want in any state or town or city? Not even bound to be in the nominated position? I sponsored myself under my own PTY LTD having worked since 2016 in the nominated role up to 2021. Not intending to leave as it's my own company, which I am expanding even. But just like to know if NO CONDITIONS means I can do any position now? Say if I was nominated as chef, I can now operate as a teacher? Or even leave my company and be an employee? Sorry, I am asking the same thing over and over again, it's just so amazing having the liberrty to work anywhere and work any role you like. Much appreciate your reponse, hope you will see this post. Thank You.

 

 

ey there,

 

Someone might recognise me from previous discussions.

 

So... I finally got my visa and PR through the 187 direct entry.

 

I initially applied in June 2016. In December 2017 my nomination was refused and we appealed to the AAT.

 

We won the appeal in August 2019 and my visa was remitted for reconsideration to immigration. Finally on November 1st 2019 I got my golden email!

 

Now.... my grant letter doesn’t state any working conditions that restrict me to my actual employer. One of my friends got the same visa back in 2015 and I remember her letter clearly saying she had to work for 2 years with the employer.

 

Mine says nothing about it!

 

I even checked on VEVO. It says I have unlimited working and study rights.

 

Does it mean that they took into consideration the time that I worked for my employer from when I applied to the tribunal (like when you serve time in jail while waiting for the trial and the you are found not guilty or guilty and the sentence is time served lol)?

 

I see so many great and better job opportunities passing by under my nose that could really benefit my work career and I wonder if you could actually take them without waiting for 2 years.

 

Is there anyone that could actually tell me? I would contact the immigration but... how???? They never answer!!!

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