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Guedes

Leaving Employment while waiting AAT decision

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Hi everyone 

Hope you are going well and safe

I wish you guys can help me

I've applied for my 186 visa on 27 oct 2017 then on June 2018 the nomination as well as my application got refuse, applied for merits review at AAT and since then I am on bridging visa waiting for the decision.

My question is: it’s been more than 2 years than I am working for this company but I now I have to leave for personal reasons. My boss has agreed with that and said even I leaving the job he’s willing to appear at the hearing when the times comes. 

Is there any chance that the tribunal could refuse my nomination if I am not working at the company any more even having my 2 years employment contract?

Thank you all

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Hi mate,

Not sure if you are talking about DE or TRT but with TRT I am pretty sure you can't win AAT if you don't work there anymore.

How I see it, it is not that you get PR because you worked there 2 years... but that employer needs you as a employee and guarantee you job for 2 years and you have intention to work there for 2 years.

 

But honestly I would ask migration agent as it is pretty important for you to know.


Occupation: Logistics manager

Stream: 186 TRT

Applicants: 2

Nomination and Visa Applied: 15 Aug 2019

Medicals Done: 9 Sep 2019

Nomination approved: 21 Jan 2020

Visa approved: 2 Mar 2020

Visa Status: Finalised

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I agree with mes, the whole point of the 186 is that your employer is sponsoring you because they need you in their company.  If the employer is saying he's prepared to go to the hearing and lie to say you're still in the job, that's a very risky thing to do.  Talk to an agent.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Hi 

thanks for replying

i didn't say my boss was going to lie.

he can say i don't work there anymore and give reasons

but I agree with you guys

thank you

 

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I actually remembered one relevant thing my MA told me. AAT will asses your entire nomination and application again, they will not just asses the reason why they refused it.

 


Occupation: Logistics manager

Stream: 186 TRT

Applicants: 2

Nomination and Visa Applied: 15 Aug 2019

Medicals Done: 9 Sep 2019

Nomination approved: 21 Jan 2020

Visa approved: 2 Mar 2020

Visa Status: Finalised

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