Mariaferonica Posted February 10, 2020 Share Posted February 10, 2020 Hi everyone, This is my first time posting here after sooo long hours just browsing and learning from all of you guys. Me and my partner are on 457 visa now. He's a chef who has worked for 3 years on his 457 visa. Our first 6months with the visa we have to quit and get new employer who treat us better, and we've been with them for 2.5 years now. Since we got our visa before 18 april 2017, we only have to work for 2 years to apply for 186 visa (correct me if I'm wrong). Now the thing is now, my employer wants to sponsor us badly but they dont wanna use any agent, since it cost so much money and they dont trust anyone else with their paperwork. The first transition from our first employer to the next one, they took care of everything, they arrange everything through immi account, lodge everything themselves, next thing we know, we're ready to move. So based on this I think they're good with lodging this immi stuff eventho we're the first "visa people" they have in the restaurant. Do you think it would be alright for them to just apply themselves? Also, with the levy they also have to pay $3000 to sponsor us too, so if they do something wrong on their side they will lose lot of money as well. Question number 2 is, if I let them do the nomination first, and we also lodge our visa, let say the nomination got rejected, can we retract the visa application so our money wont go missing? Or should we just wait until we know for sure the nomination approved? Thanks before! Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 10, 2020 Share Posted February 10, 2020 If they are too stupid to use an agent, you should appoint your own. This visa has a massive refusal rate. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted February 10, 2020 Share Posted February 10, 2020 (edited) 10 hours ago, Mariaferonica said: Now the thing is now, my employer wants to sponsor us badly but they dont wanna use any agent, since it cost so much money and they dont trust anyone else with their paperwork. The only cost that they have to pay for is the training levy. You are allowed to pay an Agent to assist with the application. 10 hours ago, Mariaferonica said: Also, with the levy they also have to pay $3000 to sponsor us too, so if they do something wrong on their side they will lose lot of money as well. If the nomination or visa are refused, they will not be refunded the training levy or the lodgement fees. 10 hours ago, Mariaferonica said: Question number 2 is, if I let them do the nomination first, and we also lodge our visa, let say the nomination got rejected, can we retract the visa application so our money wont go missing? If the visa is refused, you will have the option of withdrawing the visa or it will also be refused. You will not be refunded for the visa for a failed application. 10 hours ago, Mariaferonica said: Or should we just wait until we know for sure the nomination approved? This is potentially an option but will extend the processing time significantly. Edited February 10, 2020 by Raul Senise typo Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 10, 2020 Share Posted February 10, 2020 I have never had a 186 refused, but I have had prolonged negotiations (6 months+) with the department to get them granted and it is getting harder. May I suggest that prospective DIY 186 nominators/visa applicants access a legal database and check the outcomes for refused applications that went to a merits and/or a judicial review? This is a most instructive exercise that costs nothing except time. Quote Link to comment Share on other sites More sharing options...
Mariaferonica Posted February 10, 2020 Author Share Posted February 10, 2020 @wrussell Hi, may I ask where we could find the legal database that you meant? We've search it online but only could find the percentage of refusal and acceptance but not details like the one you said above? Thanks for your time. Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 10, 2020 Share Posted February 10, 2020 (edited) You could try austlii and undertake a BOOLEAN search. There are other legal publishers. Have fun! Edited February 10, 2020 by wrussell Quote Link to comment Share on other sites More sharing options...
Mariaferonica Posted February 10, 2020 Author Share Posted February 10, 2020 @wrussell Oh my it really has everything! thank you so much!! Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 11, 2020 Share Posted February 11, 2020 I dug one out for you: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/1137.html?context=1;query=subclass 186 AND refused;mask_path=au/cases If you look up another 30 or so, you will most likely get a feel for what is going on. Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 17, 2020 Share Posted February 17, 2020 Quote Also, with the levy they also have to pay $3000 to sponsor us too, so if they do something wrong on their side they will lose lot of money as well Not necessarily! Quote Link to comment Share on other sites More sharing options...
Ausvisitor Posted February 17, 2020 Share Posted February 17, 2020 On 11/02/2020 at 00:10, wrussell said: I dug one out for you: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/1137.html?context=1;query=subclass 186 AND refused;mask_path=au/cases If you look up another 30 or so, you will most likely get a feel for what is going on. I had a quick look at that - just out of nosiness basically - and although I've got my visa I founf myself wanting the help of an agent just to fully understand what was going on in that case - I wouldn't want to be wading through that treacle by myself. It's interesting to note that whilst the initial application was donw without MARA agent help, one was appointed by the applicant for the appeal - I imagine this isn't cheap and in the long run a decent agent up front would probably have saved thousands of dollars (not to mention tears) Quote Link to comment Share on other sites More sharing options...
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