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Mariaferonica

186 ENS Visa TRT with no agent?

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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!

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If they are too stupid to use an agent, you should appoint your own. This visa has a massive refusal rate. 

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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 by Raul Senise
typo

Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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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.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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@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.

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You could try austlii  and undertake a BOOLEAN search.

There are other legal publishers.

Have fun!

Edited by wrussell

Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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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!


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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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)

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