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186 visa employer refusal. Can employee claim back visa cost?


miaeu

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Hello Everyone, 

Happy New Year and wish you luck with your visas. 

My partner and I are about to submit 186 direct entry visa, Employer already submitted his visa more than a week ago. They never sponsor employees and didn't want to take agent for processing. We still have a couple of weeks on current visa, and just thought to wait a bit more until the employer get approval. 

1) how long it is usually take for companies to get approval if they have never sponsored employees before? 

2) what if we apply for our visa and employed get refusal? 

3) could we then claim back visa costs? or the money are gone? 

4) would that be better to apply for our visa straight away or wait until approval? 

Just thinking about worst case scenario, but it is better to know. Please share your experience. 

 

Have a great day ahead. 

Mia 

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No refunds I’m afraid.  What are your plans if they are rejected?  Do you have other visa options? I honestly think they should have sought some professional advice as refusals are more common for this type of visa. They need to prove that they cannot hire a PR or citizen and you are the only option. 

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21 hours ago, miaeu said:

Hello Everyone, 

Happy New Year and wish you luck with your visas. 

My partner and I are about to submit 186 direct entry visa, Employer already submitted his visa more than a week ago. They never sponsor employees and didn't want to take agent for processing. We still have a couple of weeks on current visa, and just thought to wait a bit more until the employer get approval. 

1) how long it is usually take for companies to get approval if they have never sponsored employees before? 

 

Current published processing time is 5 to 15 months, although this is  guide only.

21 hours ago, miaeu said:

2) what if we apply for our visa and employed get refusal? 

You will have an opportunity to withdraw your visa or it will also be refused.

21 hours ago, miaeu said:

3) could we then claim back visa costs? or the money are gone? 

See form 1424.

21 hours ago, miaeu said:

4) would that be better to apply for our visa straight away or wait until approval? 

It depends on your current visa status.

If the employer has never sponsored before and has applied with no assistance from an Agent, you are taking a gamble that they have done everything correctly for the nomination application.

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