blossom Posted August 14, 2013 Share Posted August 14, 2013 Hi blossom how r u three months before I got CO till date no news not even any extra document.. yesterday I called DIAC they told me your nomination is not prove yet so we can't tell you only your MA or business employer contact us about nomination my MA already send mail couple of time but no news . what can I do now is there any positive effect if my employe call again to DIAC or I have to wait .. already 14 and half months . Thanx I would ask your agent to phone up as they have had no luck with emails. Quote Link to comment Share on other sites More sharing options...
Rania Posted August 15, 2013 Share Posted August 15, 2013 Hi blossom how r u three months before I got CO till date no news not even any extra document.. yesterday I called DIAC they told me your nomination is not prove yet so we can't tell you only your MA or business employer contact us about nomination my MA already send mail couple of time but no news . what can I do now is there any positive effect if my employe call again to DIAC or I have to wait .. already 14 and half months . Thanx I also got CO 3 months ago..sent last document which was my updated contract ( my previous contract was expired, less than 2 years by that time) 2 months ago..no news at all. I have rare conversation with my Lawyer, because when I asked about it, he just said, still waiting, your visa is in progress. I use famous lawyer, i paid $ 5,500 just for the lawyer, I have been sponsored by big company, State Gov Agency with more than 350 employees, but not helpful at all. Quote Link to comment Share on other sites More sharing options...
App Posted August 15, 2013 Share Posted August 15, 2013 I would ask your agent to phone up as they have had no luck with emails. same here had applied on 28 june 2012 ... got CO JUS B4 4 months, still she is awaiting information to finalize the case .... but still not saying wat kinds of information she is waiting for .... dun know when she gonna get information and will give decision parramatta office June 28 2012 ..... Quote Link to comment Share on other sites More sharing options...
kmohammed01 Posted August 17, 2013 Share Posted August 17, 2013 Hi Guys, I have been on 457 for 19 months and i applied for 187 (direct entry) in June 2013. My question is can the nominated occupation in 187 be different from 457? When i lodged RCB, my MA suggested a different occupation in order to match my job responsiblities and the market salary rate at the same time. Will this change affect the process? Quote Link to comment Share on other sites More sharing options...
blossom Posted August 17, 2013 Share Posted August 17, 2013 Hi Guys, I have been on 457 for 19 months and i applied for 187 (direct entry) in June 2013. My question is can the nominated occupation in 187 be different from 457? When i lodged RCB, my MA suggested a different occupation in order to match my job responsiblities and the market salary rate at the same time. Will this change affect the process? It can be if it is direct entry, although they might question your work experience in the job you have applied under. Quote Link to comment Share on other sites More sharing options...
Suzyn Posted August 20, 2013 Share Posted August 20, 2013 Hi guys, Is there any appeal right for nomination? Finally the nomination was approved, but was on the wrong ANZSCO. My employer told me she doesn't agree on the nomination but the CO doesn't give her any chance to provide supportive documents. She contacted the CO again and CO said she cannot reverse the decision. Is there any way to report to DIAC? How unfair it is to change ANZSCO with getting employer's consent. Quote Link to comment Share on other sites More sharing options...
blossom Posted August 20, 2013 Share Posted August 20, 2013 Hi guys, Is there any appeal right for nomination? Finally the nomination was approved, but was on the wrong ANZSCO. My employer told me she doesn't agree on the nomination but the CO doesn't give her any chance to provide supportive documents. She contacted the CO again and CO said she cannot reverse the decision. Is there any way to report to DIAC? How unfair it is to change ANZSCO with getting employer's consent. Can't you apply under the one they have assessed you as? Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted August 20, 2013 Share Posted August 20, 2013 Hi Everyone, I've been absent from the forum for about 2 1/2 weeks ... had to take a time out after receiving news that my nomination was refused First, I will provide my timeline just as an FYI... Nomination and RSMS 187 visa application (non-DRC) lodged at the Melbourne office - 11/09/2012 Acknowledgement letters received - 12/09/2012 Nomination lodged with RCB - 10/10/2012 Nomination approved by RCB - 13/11/2012 Case Officer allocated to nomination and visa application - 9/05/2013 Nomination REFUSED - 2/08/2013 When I received notification from my migration agent that the nomination was refused, my initial reaction was that I was totally shocked. None of us were prepared for this. It was a very emotional time to be honest. We started preparing my file back in May 2012 and lodged the application in September. So 15 months ... so much time, effort and money! From the time we lodged the application with DIAC, it took 8 months to get a case officer and another 3 months (nearly) for the case officer to refuse the nomination. I can't begin to tell any of you how upsetting/frustrating/stressful this has been. And VERY emotional once we received word that the nomination was refused. It does appear that the case officer was extremely harsh in his decision-making, as he refused it straight away without even contacting our migration agent for further information or clarification. I could understand that a bit more had my application been a decision-ready application, but it wasn't; it was a non-decision ready application. And I know the case officer is under no obligation to request further documentation, but still - come on! Anyway, it was a bit hard to decipher exactly what the reason was for the refusal due to the immigration technical jargon terms used, but after reviewing it with a couple of migration agents, the reason for the refusal is because it was the case officers' opinion that the job duties/tasks/responsibilities that were provided in the job description from my employer weren't in line with the job duties/tasks/responsibilities for the ANZSCO position we applied for. And this certainly raised the question of - isn't that what I'm paying my migration agent for? To identify "errors" like this so it can be addressed BEFORE the application is lodged to prevent this kind of situation? The migration agent definitely should have ensured that the job duties/tasks/responsibilities matched the official ANZSCO position that DIAC compares it to during their assessment. He failed me. It's no skin off his back. OK so he lost some of his fees, but I have lost far more. All the time, effort and money I've put into this. And in the end I've come out with no visa and have to fight to stay in the country. And of course the migration agent isn't willing to accept responsibility for this. But.......... I've calmed down over the past couple of weeks. All we can do now is pick up the pieces and move forward. There's no point in dwelling on something I can't change. Yes, it's a shame that it went down this way, but things could be worse. I do have a lot of things to be thankful for. We are appealing the decision with the Migration Review Tribunal (MRT) and that will allow me to stay in the country. I still have my job and my lovely partner, who has been amazing in supporting me during this difficult time. So we have cut ties with our migration agent for obvious reasons, and I have engaged the services of a MUCH more professional migration agent to move forward with the appeal. The new migration agent has been phenomenal already. Very much on-the-ball and has been so helpful. Anyway, regarding the appeal process, for anyone who is interested, here is how it works. Since the visa application is dependant on the nomination being approved, the visa cannot be granted because the nomination was refused. DIAC has not yet made a decision on the visa application, but that will occur soon - my guess is within the next couple of weeks, and it is inevitable that the visa application will be refused as well. As the nomination was refused with cause, we need to appeal with decision within 21 days to the MRT. The appeal cost is $1604. As we have engaged another migration agent to represent us, he of course also has his fees for preparing the appeal, lodging it, creating a supporting argument to go with the appeal as to why the decision should be overturned and for attending the hearing. HOWEVER, appealing the nomination does not keep my bridging visa active. So once DIAC refuses the visa application in the coming weeks, we then need to appeal the visa application to the MRT as well, which also costs $1604. Appealing the visa application will keep my bridging visa active. As for the MRT, according to their website, for employer sponsored nomination/visa appeals, the average time it takes from when the appeal is lodged to when they make a decision is 554 calendar days. So we're talking a year and a half? Crazy. And there is no guarantee of course. The MRT is an independent government organisation - they are not part of DIAC. They obtain the file with all relevant documents from DIAC and conduct their own assessment. However, we are allowed to provide them with additional supporting documents and an argument as to why the decision should be overturned. If the decision from the MRT is favourable, we can apply for a 50% refund of the MRT fees (used to be 100%). They return the file to DIAC and DIAC then continues with assessing the visa application, and if everything is good then they will grant the visa. It is at that time that the 2 year commitment with the employer starts. Thankfully my employers are amazing and have my back, and are willing to support me through this loooooong process by helping me financially and by continuing to provide employment! Now ... as there is no guarantee that the appeal will be successful, I have a backup plan to fall back on. If we were to lodge the appeal and it was unsuccessful, well I'm pretty sure I would be out of options at that point and would be looking at returning to Canada, which to me is not an option. So my partner and I are also going to prepare ourselves to lodge a partner visa in a years' time once we meet the requirements. The partner visa will be lodged before a decision is made on the appeal, but the appeal will likely get a decision before the partner visa is granted. So if the appeal is successful and DIAC grants my RSMS visa, I will withdrawal the partner visa application. And if for some reason the partner visa is granted first, then I would withdrawal the appeal (but I doubt the partner visa would be granted first). The only thing is, by doing this, if the appeal is successful I will have lost a few thousand on the partner visa (from the visa fee of $3975 + migration agent fees), but if I don't lodge the partner visa and the appeal is unsuccessful, I'd have nothing to fall back on... Something else worth mentioning - once you are refused a visa onshore, you can only apply for a couple of visas whilst onshore. A refugee or a partner visa. Being that I will have been refused my RSMS visa onshore, I can still apply for the partner visa onshore, but as I will be apply from a non substantive visa (a bridging visa), it does complicate it slightly, and I think we will have to get an exception to apply, but I'm pretty sure my migration agent can get that done. Soooo that's pretty much all of it ! Pretty terrible situation to be in. But as I said, I've calmed down a lot and I'm just focusing on the positives and moving forward. Believe me, if there's one thing I have learned through all of this, it's that if you let all of this migration stuff get under your skin, you'll worry yourself sick and I've been there many times. I think the big difference here is knowing that in moving forward, we know upfront that the appeal process is going to take a year and a half (likely) before a decision is made. So at least I can continue to live my day to day life with my partner and just enjoy life and sort of put all of the migration stuff aside for a little while once the appeal is in. All we have to do is just be conscious of putting things aside for the partner visa to prove our committed relationship from time to time. So for those of you who have read all of this, my advice based on my personal experience is this: make sure the job duties/tasks/responsibilities in the job description match are appropriate for the ANZSCO position you are applying for! In my case, the case officer when fishing for another ANZSCO position that he felt was more suitable and refused the application. Very harsh decision, and I really think he should have contacted my migration agent for clarification on the job duties/tasks/responsibilities for the position we applied for. Anyway, good luck to everyone. If anyone has any questions, please feel free to ask! 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PRAspirant Posted August 20, 2013 Share Posted August 20, 2013 Hi SonicBlue82, I am so sorry to hear this. I know how long have you been waiting for decision on your application, this really upsets to end up with lemon, however be patient I have heard a few cases won at MRT. Get out of all the stress, you will be fine for sure. All the best... Hi Everyone, I've been absent from the forum for about 2 1/2 weeks ... had to take a time out after receiving news that my nomination was refused First, I will provide my timeline just as an FYI... Nomination and RSMS 187 visa application (non-DRC) lodged at the Melbourne office - 11/09/2012 Acknowledgement letters received - 12/09/2012 Nomination lodged with RCB - 10/10/2012 Nomination approved by RCB - 13/11/2012 Case Officer allocated to nomination and visa application - 9/05/2013 Nomination REFUSED - 2/08/2013 When I received notification from my migration agent that the nomination was refused, my initial reaction was that I was totally shocked. None of us were prepared for this. It was a very emotional time to be honest. We started preparing my file back in May 2012 and lodged the application in September. So 15 months ... so much time, effort and money! From the time we lodged the application with DIAC, it took 8 months to get a case officer and another 3 months (nearly) for the case officer to refuse the nomination. I can't begin to tell any of you how upsetting/frustrating/stressful this has been. And VERY emotional once we received word that the nomination was refused. It does appear that the case officer was extremely harsh in his decision-making, as he refused it straight away without even contacting our migration agent for further information or clarification. I could understand that a bit more had my application been a decision-ready application, but it wasn't; it was a non-decision ready application. And I know the case officer is under no obligation to request further documentation, but still - come on! Anyway, it was a bit hard to decipher exactly what the reason was for the refusal due to the immigration technical jargon terms used, but after reviewing it with a couple of migration agents, the reason for the refusal is because it was the case officers' opinion that the job duties/tasks/responsibilities that were provided in the job description from my employer weren't in line with the job duties/tasks/responsibilities for the ANZSCO position we applied for. And this certainly raised the question of - isn't that what I'm paying my migration agent for? To identify "errors" like this so it can be addressed BEFORE the application is lodged to prevent this kind of situation? The migration agent definitely should have ensured that the job duties/tasks/responsibilities matched the official ANZSCO position that DIAC compares it to during their assessment. He failed me. It's no skin off his back. OK so he lost some of his fees, but I have lost far more. All the time, effort and money I've put into this. And in the end I've come out with no visa and have to fight to stay in the country. And of course the migration agent isn't willing to accept responsibility for this. But.......... I've calmed down over the past couple of weeks. All we can do now is pick up the pieces and move forward. There's no point in dwelling on something I can't change. Yes, it's a shame that it went down this way, but things could be worse. I do have a lot of things to be thankful for. We are appealing the decision with the Migration Review Tribunal (MRT) and that will allow me to stay in the country. I still have my job and my lovely partner, who has been amazing in supporting me during this difficult time. So we have cut ties with our migration agent for obvious reasons, and I have engaged the services of a MUCH more professional migration agent to move forward with the appeal. The new migration agent has been phenomenal already. Very much on-the-ball and has been so helpful. Anyway, regarding the appeal process, for anyone who is interested, here is how it works. Since the visa application is dependant on the nomination being approved, the visa cannot be granted because the nomination was refused. DIAC has not yet made a decision on the visa application, but that will occur soon - my guess is within the next couple of weeks, and it is inevitable that the visa application will be refused as well. As the nomination was refused with cause, we need to appeal with decision within 21 days to the MRT. The appeal cost is $1604. As we have engaged another migration agent to represent us, he of course also has his fees for preparing the appeal, lodging it, creating a supporting argument to go with the appeal as to why the decision should be overturned and for attending the hearing. HOWEVER, appealing the nomination does not keep my bridging visa active. So once DIAC refuses the visa application in the coming weeks, we then need to appeal the visa application to the MRT as well, which also costs $1604. Appealing the visa application will keep my bridging visa active. As for the MRT, according to their website, for employer sponsored nomination/visa appeals, the average time it takes from when the appeal is lodged to when they make a decision is 554 calendar days. So we're talking a year and a half? Crazy. And there is no guarantee of course. The MRT is an independent government organisation - they are not part of DIAC. They obtain the file with all relevant documents from DIAC and conduct their own assessment. However, we are allowed to provide them with additional supporting documents and an argument as to why the decision should be overturned. If the decision from the MRT is favourable, we can apply for a 50% refund of the MRT fees (used to be 100%). They return the file to DIAC and DIAC then continues with assessing the visa application, and if everything is good then they will grant the visa. It is at that time that the 2 year commitment with the employer starts. Thankfully my employers are amazing and have my back, and are willing to support me through this loooooong process by helping me financially and by continuing to provide employment! Now ... as there is no guarantee that the appeal will be successful, I have a backup plan to fall back on. If we were to lodge the appeal and it was unsuccessful, well I'm pretty sure I would be out of options at that point and would be looking at returning to Canada, which to me is not an option. So my partner and I are also going to prepare ourselves to lodge a partner visa in a years' time once we meet the requirements. The partner visa will be lodged before a decision is made on the appeal, but the appeal will likely get a decision before the partner visa is granted. So if the appeal is successful and DIAC grants my RSMS visa, I will withdrawal the partner visa application. And if for some reason the partner visa is granted first, then I would withdrawal the appeal (but I doubt the partner visa would be granted first). The only thing is, by doing this, if the appeal is successful I will have lost a few thousand on the partner visa (from the visa fee of $3975 + migration agent fees), but if I don't lodge the partner visa and the appeal is unsuccessful, I'd have nothing to fall back on... Something else worth mentioning - once you are refused a visa onshore, you can only apply for a couple of visas whilst onshore. A refugee or a partner visa. Being that I will have been refused my RSMS visa onshore, I can still apply for the partner visa onshore, but as I will be apply from a non substantive visa (a bridging visa), it does complicate it slightly, and I think we will have to get an exception to apply, but I'm pretty sure my migration agent can get that done. Soooo that's pretty much all of it ! Pretty terrible situation to be in. But as I said, I've calmed down a lot and I'm just focusing on the positives and moving forward. Believe me, if there's one thing I have learned through all of this, it's that if you let all of this migration stuff get under your skin, you'll worry yourself sick and I've been there many times. I think the big difference here is knowing that in moving forward, we know upfront that the appeal process is going to take a year and a half (likely) before a decision is made. So at least I can continue to live my day to day life with my partner and just enjoy life and sort of put all of the migration stuff aside for a little while once the appeal is in. All we have to do is just be conscious of putting things aside for the partner visa to prove our committed relationship from time to time. So for those of you who have read all of this, my advice based on my personal experience is this: make sure the job duties/tasks/responsibilities in the job description match are appropriate for the ANZSCO position you are applying for! In my case, the case officer when fishing for another ANZSCO position that he felt was more suitable and refused the application. Very harsh decision, and I really think he should have contacted my migration agent for clarification on the job duties/tasks/responsibilities for the position we applied for. Anyway, good luck to everyone. If anyone has any questions, please feel free to ask! Quote Link to comment Share on other sites More sharing options...
cc23 Posted August 21, 2013 Share Posted August 21, 2013 Hi SonicBlue - just a thought - as your RSMS visa has not yet been refused, are you able to apply for a 457 visa before the refusal comes through? This would enable you to keep working and also give you a substantive visa, meaning you will have a lot more options going forward. I got a 457 approved in 2 days, and it was 2 weeks before my RSMS refusal came through, meaning I was able to stay in Australia, continue working, and reapply for RSMS. Best of luck to you - this whole immigration thing can be an absolute nightmare... Hi Everyone, I've been absent from the forum for about 2 1/2 weeks ... had to take a time out after receiving news that my nomination was refused First, I will provide my timeline just as an FYI... Nomination and RSMS 187 visa application (non-DRC) lodged at the Melbourne office - 11/09/2012 Acknowledgement letters received - 12/09/2012 Nomination lodged with RCB - 10/10/2012 Nomination approved by RCB - 13/11/2012 Case Officer allocated to nomination and visa application - 9/05/2013 Nomination REFUSED - 2/08/2013 When I received notification from my migration agent that the nomination was refused, my initial reaction was that I was totally shocked. None of us were prepared for this. It was a very emotional time to be honest. We started preparing my file back in May 2012 and lodged the application in September. So 15 months ... so much time, effort and money! From the time we lodged the application with DIAC, it took 8 months to get a case officer and another 3 months (nearly) for the case officer to refuse the nomination. I can't begin to tell any of you how upsetting/frustrating/stressful this has been. And VERY emotional once we received word that the nomination was refused. It does appear that the case officer was extremely harsh in his decision-making, as he refused it straight away without even contacting our migration agent for further information or clarification. I could understand that a bit more had my application been a decision-ready application, but it wasn't; it was a non-decision ready application. And I know the case officer is under no obligation to request further documentation, but still - come on! Anyway, it was a bit hard to decipher exactly what the reason was for the refusal due to the immigration technical jargon terms used, but after reviewing it with a couple of migration agents, the reason for the refusal is because it was the case officers' opinion that the job duties/tasks/responsibilities that were provided in the job description from my employer weren't in line with the job duties/tasks/responsibilities for the ANZSCO position we applied for. And this certainly raised the question of - isn't that what I'm paying my migration agent for? To identify "errors" like this so it can be addressed BEFORE the application is lodged to prevent this kind of situation? The migration agent definitely should have ensured that the job duties/tasks/responsibilities matched the official ANZSCO position that DIAC compares it to during their assessment. He failed me. It's no skin off his back. OK so he lost some of his fees, but I have lost far more. All the time, effort and money I've put into this. And in the end I've come out with no visa and have to fight to stay in the country. And of course the migration agent isn't willing to accept responsibility for this. But.......... I've calmed down over the past couple of weeks. All we can do now is pick up the pieces and move forward. There's no point in dwelling on something I can't change. Yes, it's a shame that it went down this way, but things could be worse. I do have a lot of things to be thankful for. We are appealing the decision with the Migration Review Tribunal (MRT) and that will allow me to stay in the country. I still have my job and my lovely partner, who has been amazing in supporting me during this difficult time. So we have cut ties with our migration agent for obvious reasons, and I have engaged the services of a MUCH more professional migration agent to move forward with the appeal. The new migration agent has been phenomenal already. Very much on-the-ball and has been so helpful. Anyway, regarding the appeal process, for anyone who is interested, here is how it works. Since the visa application is dependant on the nomination being approved, the visa cannot be granted because the nomination was refused. DIAC has not yet made a decision on the visa application, but that will occur soon - my guess is within the next couple of weeks, and it is inevitable that the visa application will be refused as well. As the nomination was refused with cause, we need to appeal with decision within 21 days to the MRT. The appeal cost is $1604. As we have engaged another migration agent to represent us, he of course also has his fees for preparing the appeal, lodging it, creating a supporting argument to go with the appeal as to why the decision should be overturned and for attending the hearing. HOWEVER, appealing the nomination does not keep my bridging visa active. So once DIAC refuses the visa application in the coming weeks, we then need to appeal the visa application to the MRT as well, which also costs $1604. Appealing the visa application will keep my bridging visa active. As for the MRT, according to their website, for employer sponsored nomination/visa appeals, the average time it takes from when the appeal is lodged to when they make a decision is 554 calendar days. So we're talking a year and a half? Crazy. And there is no guarantee of course. The MRT is an independent government organisation - they are not part of DIAC. They obtain the file with all relevant documents from DIAC and conduct their own assessment. However, we are allowed to provide them with additional supporting documents and an argument as to why the decision should be overturned. If the decision from the MRT is favourable, we can apply for a 50% refund of the MRT fees (used to be 100%). They return the file to DIAC and DIAC then continues with assessing the visa application, and if everything is good then they will grant the visa. It is at that time that the 2 year commitment with the employer starts. Thankfully my employers are amazing and have my back, and are willing to support me through this loooooong process by helping me financially and by continuing to provide employment! Now ... as there is no guarantee that the appeal will be successful, I have a backup plan to fall back on. If we were to lodge the appeal and it was unsuccessful, well I'm pretty sure I would be out of options at that point and would be looking at returning to Canada, which to me is not an option. So my partner and I are also going to prepare ourselves to lodge a partner visa in a years' time once we meet the requirements. The partner visa will be lodged before a decision is made on the appeal, but the appeal will likely get a decision before the partner visa is granted. So if the appeal is successful and DIAC grants my RSMS visa, I will withdrawal the partner visa application. And if for some reason the partner visa is granted first, then I would withdrawal the appeal (but I doubt the partner visa would be granted first). The only thing is, by doing this, if the appeal is successful I will have lost a few thousand on the partner visa (from the visa fee of $3975 + migration agent fees), but if I don't lodge the partner visa and the appeal is unsuccessful, I'd have nothing to fall back on... Something else worth mentioning - once you are refused a visa onshore, you can only apply for a couple of visas whilst onshore. A refugee or a partner visa. Being that I will have been refused my RSMS visa onshore, I can still apply for the partner visa onshore, but as I will be apply from a non substantive visa (a bridging visa), it does complicate it slightly, and I think we will have to get an exception to apply, but I'm pretty sure my migration agent can get that done. Soooo that's pretty much all of it ! Pretty terrible situation to be in. But as I said, I've calmed down a lot and I'm just focusing on the positives and moving forward. Believe me, if there's one thing I have learned through all of this, it's that if you let all of this migration stuff get under your skin, you'll worry yourself sick and I've been there many times. I think the big difference here is knowing that in moving forward, we know upfront that the appeal process is going to take a year and a half (likely) before a decision is made. So at least I can continue to live my day to day life with my partner and just enjoy life and sort of put all of the migration stuff aside for a little while once the appeal is in. All we have to do is just be conscious of putting things aside for the partner visa to prove our committed relationship from time to time. So for those of you who have read all of this, my advice based on my personal experience is this: make sure the job duties/tasks/responsibilities in the job description match are appropriate for the ANZSCO position you are applying for! In my case, the case officer when fishing for another ANZSCO position that he felt was more suitable and refused the application. Very harsh decision, and I really think he should have contacted my migration agent for clarification on the job duties/tasks/responsibilities for the position we applied for. Anyway, good luck to everyone. If anyone has any questions, please feel free to ask! Quote Link to comment Share on other sites More sharing options...
Suzyn Posted August 21, 2013 Share Posted August 21, 2013 Can't you apply under the one they have assessed you as? Nomination was approved as ICT Business Analyst but the initial nomination was for accountant, and my visa is lodged against accountant. My employer and I checked the job description of accountant on ANZSCO, one of the tasks is to introduce and maintain accounting system, whihc is exactly what I do. On the other hand, ICT Business Analyst is to work on business solutions in general. We don't understand why in the end it was approved as Business Analyst, and the CO doesn't even give us chance to prove it. I guess she didn't go through job tasks of ANZSCO. Goog thing is, I called DIAC and the represitative said in general nomination cannot to reversed, but if visa CO has different opinion on the nomination, visa CO can rectify it. This is my last hope. Quote Link to comment Share on other sites More sharing options...
Savanah Posted August 21, 2013 Share Posted August 21, 2013 Hey sonic blue, sorry to hear your nomination was refused, I know EXACTLY how you feel.... I also started my 119 visa lodgement in April 2012, non-DRC, no migration agent, High risk... When the case officer took long to review the nomination, I made a complaint as she had my file for a long while and the uncertainty of my future was driving me crazy... From the looks of things maybe Diac doesn't like complaints... a few days later, my supervisor told me my nomination had been refused, unfortunately my case officer who could barely speak English,made a decision on my application without even contacting my Employer... I still had a few months left on my current visa, so I withdrew my application, because if my visa application were to be refused, I could not apply for the same visa onshore... Of course i lost my fee, but I reapplied for the 187 nomination, as it worked out quicker than appealing the nomination with MRT, I requested a different case officer as I was unhappy with the previous one... My new case officer is very professional and really amazing at what she does, my nomination was approved in 2 days, i lodged my visa application a week after my nomination approval and I'm now waiting for my visa grant, case officer requested police clearance from Aus, and I just sent it through... She said everything was fine...I'm from high risk... I did not use any migration agent again... Hi Everyone, I've been absent from the forum for about 2 1/2 weeks ... had to take a time out after receiving news that my nomination was refused First, I will provide my timeline just as an FYI... Nomination and RSMS 187 visa application (non-DRC) lodged at the Melbourne office - 11/09/2012 Acknowledgement letters received - 12/09/2012 Nomination lodged with RCB - 10/10/2012 Nomination approved by RCB - 13/11/2012 Case Officer allocated to nomination and visa application - 9/05/2013 Nomination REFUSED - 2/08/2013 When I received notification from my migration agent that the nomination was refused, my initial reaction was that I was totally shocked. None of us were prepared for this. It was a very emotional time to be honest. We started preparing my file back in May 2012 and lodged the application in September. So 15 months ... so much time, effort and money! From the time we lodged the application with DIAC, it took 8 months to get a case officer and another 3 months (nearly) for the case officer to refuse the nomination. I can't begin to tell any of you how upsetting/frustrating/stressful this has been. And VERY emotional once we received word that the nomination was refused. It does appear that the case officer was extremely harsh in his decision-making, as he refused it straight away without even contacting our migration agent for further information or clarification. I could understand that a bit more had my application been a decision-ready application, but it wasn't; it was a non-decision ready application. And I know the case officer is under no obligation to request further documentation, but still - come on! Anyway, it was a bit hard to decipher exactly what the reason was for the refusal due to the immigration technical jargon terms used, but after reviewing it with a couple of migration agents, the reason for the refusal is because it was the case officers' opinion that the job duties/tasks/responsibilities that were provided in the job description from my employer weren't in line with the job duties/tasks/responsibilities for the ANZSCO position we applied for. And this certainly raised the question of - isn't that what I'm paying my migration agent for? To identify "errors" like this so it can be addressed BEFORE the application is lodged to prevent this kind of situation? The migration agent definitely should have ensured that the job duties/tasks/responsibilities matched the official ANZSCO position that DIAC compares it to during their assessment. He failed me. It's no skin off his back. OK so he lost some of his fees, but I have lost far more. All the time, effort and money I've put into this. And in the end I've come out with no visa and have to fight to stay in the country. And of course the migration agent isn't willing to accept responsibility for this. But.......... I've calmed down over the past couple of weeks. All we can do now is pick up the pieces and move forward. There's no point in dwelling on something I can't change. Yes, it's a shame that it went down this way, but things could be worse. I do have a lot of things to be thankful for. We are appealing the decision with the Migration Review Tribunal (MRT) and that will allow me to stay in the country. I still have my job and my lovely partner, who has been amazing in supporting me during this difficult time. So we have cut ties with our migration agent for obvious reasons, and I have engaged the services of a MUCH more professional migration agent to move forward with the appeal. The new migration agent has been phenomenal already. Very much on-the-ball and has been so helpful. Anyway, regarding the appeal process, for anyone who is interested, here is how it works. Since the visa application is dependant on the nomination being approved, the visa cannot be granted because the nomination was refused. DIAC has not yet made a decision on the visa application, but that will occur soon - my guess is within the next couple of weeks, and it is inevitable that the visa application will be refused as well. As the nomination was refused with cause, we need to appeal with decision within 21 days to the MRT. The appeal cost is $1604. As we have engaged another migration agent to represent us, he of course also has his fees for preparing the appeal, lodging it, creating a supporting argument to go with the appeal as to why the decision should be overturned and for attending the hearing. HOWEVER, appealing the nomination does not keep my bridging visa active. So once DIAC refuses the visa application in the coming weeks, we then need to appeal the visa application to the MRT as well, which also costs $1604. Appealing the visa application will keep my bridging visa active. As for the MRT, according to their website, for employer sponsored nomination/visa appeals, the average time it takes from when the appeal is lodged to when they make a decision is 554 calendar days. So we're talking a year and a half? Crazy. And there is no guarantee of course. The MRT is an independent government organisation - they are not part of DIAC. They obtain the file with all relevant documents from DIAC and conduct their own assessment. However, we are allowed to provide them with additional supporting documents and an argument as to why the decision should be overturned. If the decision from the MRT is favourable, we can apply for a 50% refund of the MRT fees (used to be 100%). They return the file to DIAC and DIAC then continues with assessing the visa application, and if everything is good then they will grant the visa. It is at that time that the 2 year commitment with the employer starts. Thankfully my employers are amazing and have my back, and are willing to support me through this loooooong process by helping me financially and by continuing to provide employment! Now ... as there is no guarantee that the appeal will be successful, I have a backup plan to fall back on. If we were to lodge the appeal and it was unsuccessful, well I'm pretty sure I would be out of options at that point and would be looking at returning to Canada, which to me is not an option. So my partner and I are also going to prepare ourselves to lodge a partner visa in a years' time once we meet the requirements. The partner visa will be lodged before a decision is made on the appeal, but the appeal will likely get a decision before the partner visa is granted. So if the appeal is successful and DIAC grants my RSMS visa, I will withdrawal the partner visa application. And if for some reason the partner visa is granted first, then I would withdrawal the appeal (but I doubt the partner visa would be granted first). The only thing is, by doing this, if the appeal is successful I will have lost a few thousand on the partner visa (from the visa fee of $3975 + migration agent fees), but if I don't lodge the partner visa and the appeal is unsuccessful, I'd have nothing to fall back on... Something else worth mentioning - once you are refused a visa onshore, you can only apply for a couple of visas whilst onshore. A refugee or a partner visa. Being that I will have been refused my RSMS visa onshore, I can still apply for the partner visa onshore, but as I will be apply from a non substantive visa (a bridging visa), it does complicate it slightly, and I think we will have to get an exception to apply, but I'm pretty sure my migration agent can get that done. Soooo that's pretty much all of it ! Pretty terrible situation to be in. But as I said, I've calmed down a lot and I'm just focusing on the positives and moving forward. Believe me, if there's one thing I have learned through all of this, it's that if you let all of this migration stuff get under your skin, you'll worry yourself sick and I've been there many times. I think the big difference here is knowing that in moving forward, we know upfront that the appeal process is going to take a year and a half (likely) before a decision is made. So at least I can continue to live my day to day life with my partner and just enjoy life and sort of put all of the migration stuff aside for a little while once the appeal is in. All we have to do is just be conscious of putting things aside for the partner visa to prove our committed relationship from time to time. So for those of you who have read all of this, my advice based on my personal experience is this: make sure the job duties/tasks/responsibilities in the job description match are appropriate for the ANZSCO position you are applying for! In my case, the case officer when fishing for another ANZSCO position that he felt was more suitable and refused the application. Very harsh decision, and I really think he should have contacted my migration agent for clarification on the job duties/tasks/responsibilities for the position we applied for. Anyway, good luck to everyone. If anyone has any questions, please feel free to ask! Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted August 21, 2013 Share Posted August 21, 2013 Hi SonicBlue - just a thought - as your RSMS visa has not yet been refused, are you able to apply for a 457 visa before the refusal comes through? This would enable you to keep working and also give you a substantive visa, meaning you will have a lot more options going forward. I got a 457 approved in 2 days, and it was 2 weeks before my RSMS refusal came through, meaning I was able to stay in Australia, continue working, and reapply for RSMS. Best of luck to you - this whole immigration thing can be an absolute nightmare... Thanks cc23. Interesting thought. I have put this forward to my new migration agent and I'm just waiting for his response. I know he was lodging the nomination appeal to the MRT today. We had discussed the possibility of lodging a completely new RSMS application, but we would have had to withdrawal my visa application before it is refused, and that would only give us 28 days to lodge it which wouldn't be enough time. And I think if we were to lodge a new application we would have to re-advertise the position, get RCB approval, etc. The actual preparation of the application wouldn't take too much though, as my new MA would simply review all existing documents and advise on how to tweak them so they are acceptable this time around. i think my old MA did mention the 457 route, but we hadn't explored it. The way you have put it though cc23, makes perfect sense. Obviously being on a substantive visa would give me more possibilities. Even for applying for a partner visa, applying from a bridging visa does pose a bit of an issue (though I think we could get around that). So if I were on a substantive visa, it would make things easier. And that wood give us the time we need to prepare a new RSMS application. i know the requirements are different for a 457 visa though, so whether we would meet the requirements I'm not sure. It'll be interesting to see what my MA has to say and if he reckons this will be a viable option. The one thing about sending in a new RSMS nomination and visa application is DIAC would look at the documents very closely, k owing that we've already applied and were refused. They may question that the documents were altered just for the benefit of getting the visa... So something else to think about! Cheers mate Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted August 21, 2013 Share Posted August 21, 2013 Hey sonic blue, sorry to hear your nomination was refused, I know EXACTLY how you feel.... I also started my 119 visa lodgement in April 2012, non-DRC, no migration agent, High risk... When the case officer took long to review the nomination, I made a complaint as she had my file for a long while and the uncertainty of my future was driving me crazy... From the looks of things maybe Diac doesn't like complaints... a few days later, my supervisor told me my nomination had been refused, unfortunately my case officer who could barely speak English,made a decision on my application without even contacting my Employer... I still had a few months left on my current visa, so I withdrew my application, because if my visa application were to be refused, I could not apply for the same visa onshore... Of course i lost my fee, but I reapplied for the 187 nomination, as it worked out quicker than appealing the nomination with MRT, I requested a different case officer as I was unhappy with the previous one... My new case officer is very professional and really amazing at what she does, my nomination was approved in 2 days, i lodged my visa application a week after my nomination approval and I'm now waiting for my visa grant, case officer requested police clearance from Aus, and I just sent it through... She said everything was fine...I'm from high risk... I did not use any migration agent again... Hi Savanah, Thanks for your response. Interesting as its a very similar situation. I had also made a complaint to DIAC. Whether that had anything to do with my nomination being refused we will never know, but I certainly had my concerns about lodging the complaint for fear that it may negatively affect my application. Who knows... My case officer did not contact my migration agent for any further documentation or clarification either. Just a staight refusal which was very harsh! I completely understand about withdrawing the visa application before refusal, as once it's refused you cannot reapply onshore... I also understand your dicision not to appeal due to the length of time that it takes. I'm curious though - you said your lodged a new 187 nomination (and visa?). Did you have to re-advertise the position and get RCB advice again before reapplying?? What was different about your second application? Was anything changed or modified in the documents that made it successful on the second time around? Cheers Quote Link to comment Share on other sites More sharing options...
Savanah Posted August 21, 2013 Share Posted August 21, 2013 Sonic Blue, i have sent you a pm.... Quote Link to comment Share on other sites More sharing options...
Rania Posted August 22, 2013 Share Posted August 22, 2013 Hi SonicBlue82, You can do what Savanah did. Because it is not visa refusing. Hope everything is fine. Most MA is useless. They just want to take money from us without any responsibility about our visa. It is no fair at all. We don't have protection, everyone including immigration officer and MA treat us inhumanity. i am still in worry condition, waiting for my decision. Quote Link to comment Share on other sites More sharing options...
blossom Posted August 22, 2013 Share Posted August 22, 2013 Hi SonicBlue82,You can do what Savanah did. Because it is not visa refusing. Hope everything is fine. Most MA is useless. They just want to take money from us without any responsibility about our visa. It is no fair at all. We don't have protection, everyone including immigration officer and MA treat us inhumanity. i am still in worry condition, waiting for my decision. As long as your agent is MARA registered (which if they are in oz they have to be by law) then you do have an avenue to go down if your agent fails you. Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted August 22, 2013 Share Posted August 22, 2013 Hi Everyone, Thanks for your input and suggestions. I just had a really good (1+ hour) phone chat with my new migration agent to discuss our options in depth. It appears we will be sticking to the original plan of appealing the nomination and the visa with the MRT, and in a years' time when my partner and I are eligible we will lodge a partner visa as a backup in case the RSMS appeal is not successful. I wish there were more options available to me. I will explain: I have been on a bridging B visa for months, which is not a substantive visa. Once the justice period of 28 days for the refusal of the nomination has passed, DIAC will refuse my (187) visa application. Once I have been refused a visa onshore, the only visa I can apply for onshore is a refugee or partner visa. Obviously I'm not a refugee, but the partner visa is good, as that is my backup plan once I am eligible. Before anyone says I cannot apply for a partner visa whilst on a non-substantive visa, I can. We just have to get an exception to schedule 3 which, according to my MA should be fine. If I choose to withdrawal my RSMS (187) visa application before it is refused, I would have 28 days to either leave the country or apply for another substantive visa. 28 days is simply not long enough to put together a new RSMS nomination and visa application. Since we obtained our RCB approval in October 2012, we would have to get RCB approval again, and they wouldn't approve it unless we re-adertised the position. As time is not on my side, a new RSMS application is unfortunately not an option. I wish it was because I feel that would be the best and quickest option... cc23, you mentioned applying for a 457 to put me on a substantive visa and that would provide me with the time to put together a new RSMS application. I like the idea, but unfortunately it isn't practical for my circumstances. I work for a small business (a family owned hostel) and they are not set up as a SBS (Standard Business Sponsorship) employer to nominate employees for a 457 visa. Due to the requirements for the 457, my employer wouldn't qualify due to the training requirement, the minimum salary of $53,900, etc... Plus, it's risky as the government is really cracking down of 457 applications, and it's not as easy for small businesses to get approval. Due to the fact that DIAC will refuse my RSMS (187) visa application likely within the next 2 weeks, and withdrawing the visa application forfeits my right to appeal the visa (which would keep my bridging visa active to stay in the country), the time factor and risk is too much I'm afraid. I am definitely open to further suggestions or discussion if anyone has some advice. But I think at this point due to my circumstances, appealing the nomination followed by the visa (once it has been refused) will keep me in the country... We know that the appeal process will take about a year and a half, so that will give my partner and I the time we need to establish the 12-month requirement for a committed relationship so that we can lodge the partner visa as a backup. If the appeal for the RSMS is successful and I end up getting my 187 visa approved, I'll withdrawal the partner visa. If the appeal is unsuccessful, at least I have the partner visa to fall back on and that partner visa will have a good chance of getting approved, as over the next several months we will be preparing for it. Quote Link to comment Share on other sites More sharing options...
cc23 Posted August 23, 2013 Share Posted August 23, 2013 Hi Everyone, Thanks for your input and suggestions. I just had a really good (1+ hour) phone chat with my new migration agent to discuss our options in depth. It appears we will be sticking to the original plan of appealing the nomination and the visa with the MRT, and in a years' time when my partner and I are eligible we will lodge a partner visa as a backup in case the RSMS appeal is not successful. I wish there were more options available to me. I will explain: I have been on a bridging B visa for months, which is not a substantive visa. Once the justice period of 28 days for the refusal of the nomination has passed, DIAC will refuse my (187) visa application. Once I have been refused a visa onshore, the only visa I can apply for onshore is a refugee or partner visa. Obviously I'm not a refugee, but the partner visa is good, as that is my backup plan once I am eligible. Before anyone says I cannot apply for a partner visa whilst on a non-substantive visa, I can. We just have to get an exception to schedule 3 which, according to my MA should be fine. If I choose to withdrawal my RSMS (187) visa application before it is refused, I would have 28 days to either leave the country or apply for another substantive visa. 28 days is simply not long enough to put together a new RSMS nomination and visa application. Since we obtained our RCB approval in October 2012, we would have to get RCB approval again, and they wouldn't approve it unless we re-adertised the position. As time is not on my side, a new RSMS application is unfortunately not an option. I wish it was because I feel that would be the best and quickest option... cc23, you mentioned applying for a 457 to put me on a substantive visa and that would provide me with the time to put together a new RSMS application. I like the idea, but unfortunately it isn't practical for my circumstances. I work for a small business (a family owned hostel) and they are not set up as a SBS (Standard Business Sponsorship) employer to nominate employees for a 457 visa. Due to the requirements for the 457, my employer wouldn't qualify due to the training requirement, the minimum salary of $53,900, etc... Plus, it's risky as the government is really cracking down of 457 applications, and it's not as easy for small businesses to get approval. Due to the fact that DIAC will refuse my RSMS (187) visa application likely within the next 2 weeks, and withdrawing the visa application forfeits my right to appeal the visa (which would keep my bridging visa active to stay in the country), the time factor and risk is too much I'm afraid. I am definitely open to further suggestions or discussion if anyone has some advice. But I think at this point due to my circumstances, appealing the nomination followed by the visa (once it has been refused) will keep me in the country... We know that the appeal process will take about a year and a half, so that will give my partner and I the time we need to establish the 12-month requirement for a committed relationship so that we can lodge the partner visa as a backup. If the appeal for the RSMS is successful and I end up getting my 187 visa approved, I'll withdrawal the partner visa. If the appeal is unsuccessful, at least I have the partner visa to fall back on and that partner visa will have a good chance of getting approved, as over the next several months we will be preparing for it. Sounds like your new agent is very knowledgeable about the options available to you. I think when it gets to this point, it's far too complicated to go it alone and the best thing you can do is find a good immigration lawyer and let them handle it. It's rotten luck you ended up with a bad agent the first time around, but I think you're handling it in the best way possible. Quote Link to comment Share on other sites More sharing options...
jimmy1 Posted August 24, 2013 Share Posted August 24, 2013 Anyone help me with some confusion. I am Working as a Motor mechanic from 5 months with my company . I want to apply Rsms Visa 187 subclass. Is there any requirement of 2 year work experience or it is only for cook chefs and hairdressers Please Reply Thanx Quote Link to comment Share on other sites More sharing options...
blossom Posted August 24, 2013 Share Posted August 24, 2013 And here is the relevant policy extract: 30.2 AQF Certificate III, IV and Diploma qualifications If the applicant relies on an Australian qualification, that qualification must be as specified within the ANZSCO framework for that occupation. For example, if the nominated position were that of a cook (ANZSCO 351411), the applicant must: • hold a relevant AQF Certificate IV or • hold a relevant AQF Certificate III including at least two years of on the job training or • have at least 3 years of relevant experience. If the Certificate III was obtained without the formal on-the-job training component, to satisfy the skill requirement the applicant must have at least 2 years post-qualification experience, obtained on a full time basis or its part-time equivalent. The 2 years of post-qualification experience is taken to be equal to the on-the-job training component. This is to ensure that the qualification is relevant to the tasks of the occupation and that the applicant indeed has the practical skills required to perform the task of the occupation. Under ANZSCO, there is no requirement of 2 years of on-the-job training for Certificate IV qualifications. However, under policy, if: • higher level Certificate IV and Diploma qualifications in terms of their practical skills essentially consist of Certificate III units and • these higher level courses do not provide for 2 years of on-the-job training in their own right such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of 2 years of on-the-job training. That is, Certificate IV and Diploma qualifications that largely consist of practical Certificate III qualifications must also include 2 years of relevant on-the-job training or, in the absence of these, require 2 years of relevant post-qualifications experience. Conversely, higher level Diploma courses that demonstrate competencies in administrative and managerial functions cannot substitute for a lower level qualification if the practical tasks to be performed in the nominated position are those that are more appropriately attested to by Certificate III qualifications. It is especially the work experience requirement attached to the latter that broadens the qualification to a point where it can be expected that the qualification will be relevant to the tasks of the position and the skills required to fulfil those tasks. This would be the mandatory requisite. For example, the tasks of the nominated position for the above scenario may concern practical cookery, rather than broader administrative and managerial functions that come with a Diploma in Hospitality. Should some practical cookery units have been included in the Diploma course, it will then all depend on the extent to which these practical units can be said to fulfil this mandatory requirement. Even where such higher level courses incorporate most of the practical cookery units of the Certificate III course but do not require the associated on-the-job training, the necessary skill-base may not be present and this qualification would not meet the requirement if the nominated position concerns practical cookery. The particular circumstances of each application will be assessed and finally determined on a case-by-case basis by the delegate. When making their assessment, case officers must be mindful that the qualifications and experience of the applicant must be relevant to the tasks to be performed in the nominated occupation. Bestregards. I have searched back through the thread for you, so here is all the relevant info about the two year requirement. Did you study in oz? Quote Link to comment Share on other sites More sharing options...
jimmy1 Posted August 24, 2013 Share Posted August 24, 2013 Yes I have Cert 3 as a motor mechanic and Business management diploma Cert 4 as a motor mechanic All the qualification is in Australia Working full time from 5 Months with company who want to sponser . Am I Eligible? Quote Link to comment Share on other sites More sharing options...
blossom Posted August 24, 2013 Share Posted August 24, 2013 This is the relevant bit I think. such Certificate IV and Diploma qualifications cannot substitute for the Certificate III requirement of 2 years of on-the-job training. That is, Certificate IV and Diploma qualifications that largely consist of practical Certificate III qualifications must also include 2 years of relevant on-the-job training or, in the absence of these, require 2 years of relevant post-qualifications experience. So it looks like you need two years work experience. Quote Link to comment Share on other sites More sharing options...
jimmy1 Posted August 24, 2013 Share Posted August 24, 2013 Anyone applied Rsms visa After july with cert 4 and without 2 years work experience . I have overseas work experience more than 4 years.But Australian experience just less than 2 years . Anyone there notify that you need 2 years work experience. Please reply Quote Link to comment Share on other sites More sharing options...
blossom Posted August 24, 2013 Share Posted August 24, 2013 (edited) Anyone applied Rsms visa After july with cert 4 and without 2 years work experience .I have overseas work experience more than 4 years.But Australian experience just less than 2 years . Anyone there notify that you need 2 years work experience. Please reply It says the experience has to be post qualification (after the finish of your course). I recommend you contact Alan collet who posted that originally. It shouldn't cost a huge amount for him to look over your case. At least you will know for sure then (he is a very good migration agent). Edited August 24, 2013 by blossom Spelling Quote Link to comment Share on other sites More sharing options...
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