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Southlander

Question to the MARA's re 190 offshore grants

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We have slightly gone off topic here, Paul had kindly answered the questions posed and said one might require a crystal ball to correctly guess. That's just the way the world is working now unfortunately. 

I think what @31Hillbury  was asking is for a RMA to fact check the comment suggesting that our 190 visas could never be granted (withheld indefinitely) and more recently pulled out entirely. 

@Ausvisitor   Your point #1. NSW are already open to occupations we originally applied under. @Marisawright  Our occupations are being selected pre covid and now during covid, so the states are still open to offshores both periods. You may draw your own conclusions to that.

 

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5 minutes ago, Southlander said:

a RMA to fact check the comment suggesting that our 190 visas could never be granted (withheld indefinitely) and more recently pulled out entirely. 

s65 of the Migration Act requires the Minister to grant a visa if all legislative criteria are met or, otherwise, refuse it. However, there is no time constraint and s65 is subject to s84, which "allows the Minister to suspend the processing of applications for visas of a kind specified in a determination made under that section."

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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Posted (edited)

I wonder if there's another, underlying question here.   That question is:

"If I have been invited for a 190, does that mean I am guaranteed to get a grant in due course (assuming I meet all the criteria)?  Or can the state withdraw their invitation?  If they are allowed to withdraw, do they have to justify their withdrawal and does the applicant have any recourse if they do?"

To me it seems much more likely, if allowed, that they'd withdraw their invitation rather than leave applicants hanging in limbo forever.  At some point they'll want to take a decision and clean out all the outstanding stuff one way or another.  Purely out of self-interest - it makes their statistics look bad.  So that would be the question on my mind.

Edited by Marisawright

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

My new novel, A Dance With Danger, is due out August 2022

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