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need urgent help!! about 186 refusal and BVA, thanks


trp-e

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hi guys 

really need your advice and help, will be extremely appreciate that .. 

My nomination (customer service manger) (457--186 trt) was refused on 08/06/2020. My employer is not willing to attend the AAT.  I am still holding BVA (no conditions ) which was granted after submitted for 186 application previously. 

My questions are:

1. Anyone who had the same experience could tell me,  if I choose to lodge the application for AAT,  another new BVA will be granted ? conditions like 8107 would be inherited as well?  

2. Since the employer is reluctant to provide further documents or attend AAT in the future,  I am planning to find other ways

     a. could I use the new BVA (assuming conditions 8107 & 8501 inherited from 457) to apply for ACS Professional Year Program in order to get a skill assessment? as I have had completed 2 years Master of I.T. 5 years ago. I have checked the ACS PY official website, it says “Hold an Australian visa which allows for full work and study rights. Priority is given to those holding a 485 Skilled Graduate Visa or Bridging Visa to the graduate visa”.  Am I eligible ? because the new BVA is of full work and study rights beside  you have to work for original employer only

     b. If the 8107 condition happens on my new BVA, it means that I cannot get other jobs. But can I move to other regional areas to do study only (based on employer not report anything)?  for example, going to Tas for 1 year study and try to get 491 in the future

Thanks in advance !!!

 

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Honestly, you should contact migration agent immediately because you have very limited time to sort this out and every case is different

 

 

I think even if you have BVA, you probably can't just apply for professional year because I assume you need to hold visa for entire duration of professional year and you BVA would be only for that specific employer for that specific position and even if you get it somehow, they could just cancel it anytime when they find out.

Why not to apply for Graduate visa?

 

 

 

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14 hours ago, trp-e said:

BVA, it means that I cannot get other jobs. But can I move to other regional areas to do study only (based on employer not report anything)? 

 

If the employer doesn't report anything when they are supposed to, then that is fraud.  If you are caught, you could face deportation and it could be very difficult for you to get another visa. 

If this is important to you, then find a good MARA-registered migration agent (not a lawyer) and get some advice urgently.

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3 hours ago, mes said:

Honestly, you should contact migration agent immediately because you have very limited time to sort this out and every case is different

 

 

I think even if you have BVA, you probably can't just apply for professional year because I assume you need to hold visa for entire duration of professional year and you BVA would be only for that specific employer for that specific position and even if you get it somehow, they could just cancel it anytime when they find out.

Why not to apply for Graduate visa?

 

 

 

 immediately started 457 after graduated from uni , so I chose the wrong path.. 

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2 hours ago, Marisawright said:

If the employer doesn't report anything when they are supposed to, then that is fraud.  If you are caught, you could face deportation and it could be very difficult for you to get another visa. 

If this is important to you, then find a good MARA-registered migration agent (not a lawyer) and get some advice urgently.

yes , thats why I am not inclined to go that way as I think I would get more troubles   if I want to apply for citizenship in further future. 

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On 27/06/2020 at 04:53, mes said:

Honestly, you should contact migration agent immediately because you have very limited time to sort this out and every case is different

I think this is good advice ... 

On 27/06/2020 at 01:11, trp-e said:

they don't want to get any trouble from AA

If they have valid grounds for appeal, then why would they ‘get any trouble’?

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