AmberD Posted November 19, 2019 Share Posted November 19, 2019 Hi All, My employer has withdraw the application with AAT for nomination refusal which was applied in 2017. I am on bridging visa A currently. My employer didn't ask/inform before taking this crucial step. Now I have given 2 weeks to comment on the situation. Can anyone suggest what to do or have heard or gone thru the similar situation? Please help Quote Link to comment Share on other sites More sharing options...
TAD Posted November 19, 2019 Share Posted November 19, 2019 On 15/11/2019 at 21:28, Jayjay16 said: I’m not attended the hearing, only my employer there. They just gone through all the financial docs together and the judge was nice (according to my boss:) its only 1 hour hearing. On 15/11/2019 at 14:06, Jayjay16 said: Just want to update you guys. My hearing is over, and the judge asked my employer to sent her statement show training benchmarks was sent from the company account and she want us to sign the contract again for the next 2 years and send it to her by Wednesday. I don’t know what to expect but sound like its will be ok Hi Jay what was the core reason for the nomination refusal was it not enough evidence to prove training benchmark ?? Was it Training benchmark A or B ?? Quote Link to comment Share on other sites More sharing options...
Lu Ding Posted November 19, 2019 Share Posted November 19, 2019 5 hours ago, AmberD said: Hi All, My employer has withdraw the application with AAT for nomination refusal which was applied in 2017. I am on bridging visa A currently. My employer didn't ask/inform before taking this crucial step. Now I have given 2 weeks to comment on the situation. Can anyone suggest what to do or have heard or gone thru the similar situation? Please help I am sorry to hear that. But why your employer withdraw the application which you already waited for almost 2 years????? And without inform you ??? That soundS really bad to me. Quote Link to comment Share on other sites More sharing options...
Jayjay16 Posted November 19, 2019 Share Posted November 19, 2019 3 hours ago, TAD said: Hi Jay what was the core reason for the nomination refusal was it not enough evidence to prove training benchmark ?? Was it Training benchmark A or B ?? The reason they refused us because of insufficient financial. After the hearing, with all the salary and super, training benchmarks all paid as required for 6 years of my employment, now they just require the statement show the training benchmarks paid from company account to complete the case. We just provided training benchmarks invoice paid to VU before. Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 19, 2019 Share Posted November 19, 2019 1 hour ago, Lu Ding said: I am sorry to hear that. But why your employer withdraw the application which you already waited for almost 2 years????? And without inform you ??? That soundS really bad to me. Hi Lu Ding, Yes, we waited for that long! I didn't expect this at all. Do you have any suggestions what could be done? Quote Link to comment Share on other sites More sharing options...
TAD Posted November 19, 2019 Share Posted November 19, 2019 1 hour ago, Jayjay16 said: The reason they refused us because of insufficient financial. After the hearing, with all the salary and super, training benchmarks all paid as required for 6 years of my employment, now they just require the statement show the training benchmarks paid from company account to complete the case. We just provided training benchmarks invoice paid to VU before. Thanks for info Quote Link to comment Share on other sites More sharing options...
Lu Ding Posted November 20, 2019 Share Posted November 20, 2019 18 hours ago, AmberD said: Hi Lu Ding, Yes, we waited for that long! I didn't expect this at all. Do you have any suggestions what could be done? If your employer withdraw the nomination appeal, there is really nothing you can do except talking with your employer. Otherwise, you might need to find another sponsor. That’s what I think. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted November 20, 2019 Share Posted November 20, 2019 On 19/11/2019 at 10:24, AmberD said: Hi All, My employer has withdraw the application with AAT for nomination refusal which was applied in 2017. I am on bridging visa A currently. My employer didn't ask/inform before taking this crucial step. Now I have given 2 weeks to comment on the situation. Can anyone suggest what to do or have heard or gone thru the similar situation? Please help In a previous post you wrote that the nomination was approved in June 2019? If you are now on a bridging visa then presumably your temporary sponsored visa has ended? You won’t be able to find another sponsor because you don’t have a valid visa- I don’t think you can apply for the same visa twice. Your situation is complicated and you won’t get the answers you need in a general forum like this. I would be seeking reputable migration agent advice ASAP, as you are likely on a ticking clock to leave the country. Have they said when you will be unlawful? If you remain in the country unlawfully (even if you claim you didn’t realise it) it will hurt your chances of ever setting foot in Australia again. Have your employer given you a reason for withdrawing the AAT process? Sorry for your bad luck. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted November 20, 2019 Share Posted November 20, 2019 5 hours ago, Lu Ding said: If your employer withdraw the nomination appeal, there is really nothing you can do except talking with your employer. Otherwise, you might need to find another sponsor. That’s what I think. Probably can’t find another sponsor as OP is on a bridging visa, which means the original has expired. Even if they find another sponsor I don’t know if you can apply for the same employer nominated visa twice. Quote Link to comment Share on other sites More sharing options...
MilaMocha Posted November 20, 2019 Share Posted November 20, 2019 22 minutes ago, Wonderingaloud said: Probably can’t find another sponsor as OP is on a bridging visa, which means the original has expired. Even if they find another sponsor I don’t know if you can apply for the same employer nominated visa twice. You can apply for employer nominated visa as many times as you wish- given you have a sponsor. Thing is, if you don’t hold a substantive visa you will have to apply from offshore. For example, if you manage to find a new sponsor while still onshore, the business can apply for the nomination part anytime (while you are still here or after you leave). The visa application, however, you will have to lodge after you leave the country (while offshore), and stay there until it’s granted. I do agree yours is a very specific case and an Agent/Lawyer might Know your options (and rights) better. So get one fast. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted November 20, 2019 Share Posted November 20, 2019 30 minutes ago, MilaMocha said: You can apply for employer nominated visa as many times as you wish- given you have a sponsor. Thing is, if you don’t hold a substantive visa you will have to apply from offshore. For example, if you manage to find a new sponsor while still onshore, the business can apply for the nomination part anytime (while you are still here or after you leave). The visa application, however, you will have to lodge after you leave the country (while offshore), and stay there until it’s granted. I do agree yours is a very specific case and an Agent/Lawyer might Know your options (and rights) better. So get one fast. Thanks for filling in, I didn’t know that. Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 20, 2019 Share Posted November 20, 2019 7 hours ago, Lu Ding said: If your employer withdraw the nomination appeal, there is really nothing you can do except talking with your employer. Otherwise, you might need to find another sponsor. That’s what I think. Thank you Lu for replying! My employer has no realization of what she has done, she is away for holidays & won't even answer my calls. Anyway, I applied for RSMS 187 Visa 25 months ago with a different sponsor for which I am still awaiting response. The issue is I applied offshore & won't have any valid visa to stay without AAT Application. Might have to go back to my home country Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 20, 2019 Share Posted November 20, 2019 1 hour ago, Wonderingaloud said: In a previous post you wrote that the nomination was approved in June 2019? If you are now on a bridging visa then presumably your temporary sponsored visa has ended? You won’t be able to find another sponsor because you don’t have a valid visa- I don’t think you can apply for the same visa twice. Your situation is complicated and you won’t get the answers you need in a general forum like this. I would be seeking reputable migration agent advice ASAP, as you are likely on a ticking clock to leave the country. Have they said when you will be unlawful? If you remain in the country unlawfully (even if you claim you didn’t realise it) it will hurt your chances of ever setting foot in Australia again. Have your employer given you a reason for withdrawing the AAT process? Sorry for your bad luck. Yes, situation is really bad! AAT hasn't mentioned anything about being unlawful so far. I assume I will get that information from DHA once AAT application is completely closed. My ex-employer is away for holidays & won't even answer my calls. I applied for RSMS 187 Visa 25 months ago with a different sponsor for which I am still awaiting response. Status is showing "further assessment" as per Immi account. My MA has asked for an update for the 187 visa application. I have given an option to request for time extension by AAT before 28th of this month. I am waiting to hear back from current case officer otherwise will have to request AAT for more time. Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 20, 2019 Share Posted November 20, 2019 1 hour ago, MilaMocha said: You can apply for employer nominated visa as many times as you wish- given you have a sponsor. Thing is, if you don’t hold a substantive visa you will have to apply from offshore. For example, if you manage to find a new sponsor while still onshore, the business can apply for the nomination part anytime (while you are still here or after you leave). The visa application, however, you will have to lodge after you leave the country (while offshore), and stay there until it’s granted. I do agree yours is a very specific case and an Agent/Lawyer might Know your options (and rights) better. So get one fast. Thank you for your response Mila, I do have an PR visa application going on for 25 months. Things can be back in control if i get a positive response from this one. Quote Link to comment Share on other sites More sharing options...
MilaMocha Posted November 20, 2019 Share Posted November 20, 2019 37 minutes ago, AmberD said: Thank you for your response Mila, I do have an PR visa application going on for 25 months. Things can be back in control if i get a positive response from this one. Considering your circumstances you can use this when making a comment. You can request your application to be opened now, while you are still here, and get a decision. You are over the processing time anyway I believe. Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 20, 2019 Share Posted November 20, 2019 2 minutes ago, MilaMocha said: Considering your circumstances you can use this when making a comment. You can request your application to be opened now, while you are still here, and get a decision. You are over the processing time anyway I believe. Yes, it is more than 25 months which is over as mentioned online. Application is already opened no more documents required as of now. just been bit unlucky to go thru this stress of waiting for the final step. Just waiting for time to get better asap Quote Link to comment Share on other sites More sharing options...
MilaMocha Posted November 20, 2019 Share Posted November 20, 2019 5 minutes ago, AmberD said: Yes, it is more than 25 months which is over as mentioned online. Application is already opened no more documents required as of now. just been bit unlucky to go thru this stress of waiting for the final step. Just waiting for time to get better asap In that case you should be fine. Request the extension until the visa is decided now that’s already open, don’t see why they wouldn’t grant it. They grant Bridging visas while people wait on decision and this is the same. It would be very stupid if you were made to leave now with the application open and processing. Also reach out to the CO and inform them of your circumstances, if they are unaware. Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 20, 2019 Share Posted November 20, 2019 1 minute ago, MilaMocha said: In that case you should be fine. Request the extension until the visa is decided now that’s already open, don’t see why they wouldn’t grant it. They grant Bridging visas while people wait on decision and this is the same. It would be very stupid if you were made to leave now with the application open and processing. Also reach out to the CO and inform them of your circumstances, if they are unaware. Sure, I will. Thank you for giving hope! Much appreciated! Quote Link to comment Share on other sites More sharing options...
rizwan_syeds Posted November 20, 2019 Share Posted November 20, 2019 4 hours ago, AmberD said: Yes, it is more than 25 months which is over as mentioned online. Application is already opened no more documents required as of now. just been bit unlucky to go thru this stress of waiting for the final step. Just waiting for time to get better asap How did you got know about your application has been opened and no action for documents required. Have you got informed by AAT Or have you checked it Online. Quote Link to comment Share on other sites More sharing options...
ring3018 Posted November 21, 2019 Share Posted November 21, 2019 On 20/11/2019 at 20:26, AmberD said: Yes, situation is really bad! AAT hasn't mentioned anything about being unlawful so far. I assume I will get that information from DHA once AAT application is completely closed. My ex-employer is away for holidays & won't even answer my calls. I applied for RSMS 187 Visa 25 months ago with a different sponsor for which I am still awaiting response. Status is showing "further assessment" as per Immi account. My MA has asked for an update for the 187 visa application. I have given an option to request for time extension by AAT before 28th of this month. I am waiting to hear back from current case officer otherwise will have to request AAT for more time. I'm so confused. But the other post you said that your nomination is approved but your application is on AAT? Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 22, 2019 Share Posted November 22, 2019 Sorry for the confusion. Review application was submitted almost in 2017 which is now for hearing. As I couldn't rely on the AAT review so I applied RSMS 187 visa offshore. Nomination for 187 has been approved in June 2019 & now awaiting for the final decision as all documents have been submitted & status shows as further ''assessment' Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 22, 2019 Share Posted November 22, 2019 On 21/11/2019 at 02:13, rizwan_syeds said: How did you got know about your application has been opened and no action for documents required. Have you got informed by AAT Or have you checked it Online. We received an email from AAT to comment on the situation of withdrawing review application by ex-employer. Quote Link to comment Share on other sites More sharing options...
Step Posted November 22, 2019 Share Posted November 22, 2019 25 minutes ago, AmberD said: Sorry for the confusion. Review application was submitted almost in 2017 which is now for hearing. As I couldn't rely on the AAT review so I applied RSMS 187 visa offshore. Nomination for 187 has been approved in June 2019 & now awaiting for the final decision as all documents have been submitted & status shows as further ''assessment' I am confusing too. Did u mean ur employer win AAT about the nomination in 2019? Quote Link to comment Share on other sites More sharing options...
AmberD Posted November 22, 2019 Share Posted November 22, 2019 No, employer whose nomination was refused in 2017. 187 visa process is going fine but slow. Quote Link to comment Share on other sites More sharing options...
simar27 Posted November 23, 2019 Share Posted November 23, 2019 I applied dec 2017 still waiting Quote Link to comment Share on other sites More sharing options...
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