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Recent Successful Cases: Complex Visa Applications; AAT; Ministerial Interventions

  • Revocation of Cancellation of Student visa: The client's student visa was cancelled under S.128 (of the Migration Act) whilst he returned to his home country. Even though his address was correctly registered with the Department, the client argued that he had not received the Notice of Intention to Consider Cancellation. The client was given 28 days to respond with a Request for Revocation of Cancellation. A Request was drafted for the client along with specific documentary evidence and submitted. The revocation was granted within 3 weeks and the client was allowed to return to Australia and continue his studies. –Department of Immigration and Border Protection, Request for Revocation of Cancellation

  • Skilled Independent (SI-189) visa grant. Applicant's temporary visa was due to expire two months prior to meeting 12-month Australian work experience requirement on Expression of Interest. Visa status was managed for the applicant until invitation to apply for SI-189. Application lodged soon after. SI-189 visa grant notice issued to applicant within 2 months.–Department of Immigration and Border Protection, Skilled Independent Applicant

  • Family (BU-838) Aged Dependent Relative refused on grounds of failing to show dependency in relationship. AATreview allowed for provision of additional evidence to show dependent relationship, resulting in the original decision being overturned and sent back to the Department of Immigration and Border Protection for reconsideration.–Administrative Appeals Tribunal Case

  • DIBP issued a ‘Notice of intention to take action’ (NOITTA) against sponsor on gronds of failing to meet obligations 2.84(3)of the Migration Regulations 1994. AAT review allowed for a case to be built against the delegate's decision using case law involving Section 140M of the Migration Act. The AAT varied the suspension allowing the employer to continue to sponsor UC-457 visa applicants.–Migration Review Tribunal Case

  • Applicant refused Skilled (VC-485) Graduate visa on grounds of IELTS English Proficiency criteria not met. Decision affirmed at MRT but referred to Minister on grounds of defective application under Section 351 of the Migration Act. Applicant permitted to make onshore application.–Ministerial Intervention Request Client

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Comments

  1. aurora  December 9, 2017

    Hi Paul,

    i had a student visa refused (class 500) and in the notification letter the migration department forgot to add all the review option, therefore they sent me a defective letter. On this ground i will be able to ask them to send back a proper notification letter and at the same time when i request this can i add some extra documents and perhaps a new GTE ? The first one was terrible … Once a student visa is refused there’s any chance that they can change mind in the presence of new documentation ?

    reply
    • Paul Sadler  December 10, 2017

      Hi Aurora,

      Proving defective handling of your application requires the evidence of wrong doing on the part of the Department at the processing stage. Once refusal is made, then that is it as far as they are concerned. Your review options should be merits review at the AAT if onshore, or you may appeal at the Federal Circuit Court if offshore. Were you onshore at time of visa refusal and notice being given?

      Additionally, once the refusal is made, that is case closed and no further information pertaining to your case will be accepted. If offshore, then you may simply re-apply addressing the grounds for refusal of the former visa.

      You may send a copy of the refusal notice to me so that I may investigate your options further. Send as attachment to paul@visafaq.com.au.

      Regards

      Paul Sadler
      RMA#1382089

      reply
  2. Nisa  October 30, 2017

    Hi Paul
    Recently my student visa has been refused by DIBP I’m currently studying diploma in leadership and mgt in Hobart hoping to apply for 190 or 489 visa after completion of my course but now I have to appeal in AAT
    My concern is can I be able to apply 190 or 489 during this period if my course is completed before the AAT decision
    Also do I have to do offshore for those visa
    And what are the better option for me to continue my stay in Australia plz suggest me

    Thx you
    Nisa

    reply
    • Paul Sadler  October 31, 2017

      Hi Nisa,

      Whilst the holder of bridging visa A there is the means to make valid application for 190 and 489 visas following invitation to apply should the hearing not yet be held and your matter not ‘finally determined’ to that point in time. However, the greater problem here is the time spent studying whilst on the bridging visa against your AAT case (and not as holder of student visa), will NOT count towards your time of study in Australia. Even though academically, you may complete the subjects you require to graduate, the course component undertaken whilst holder of bridging visa will not contribute to the time of study, which is essential for the points required to meet eligibility.

      Feel free to contact me directly if you wish to discuss further.

      Paul Sadler
      paul@visafaq.com.au

      reply
  3. Bruce  October 27, 2017

    Hi Paul

    Thank you for taking time to answer questions. My question is if we have submitted a 186 DE visa application 4 months ago whilst working on a 457 visa and the company is sold but all else remains the same, except for a new abn, does that 186 application fail or can it be transferred to the new owners along with the existing 457 visa. (The new owners are a large business who regularly sponsor 457 visas)

    reply
    • Paul Sadler  October 29, 2017

      Hi Bruce,

      The tricky thing with your case is the requirement for the employer to remain the same. As you say only the ABN has been changed, then I assume business name, location, management team, chain of reporting, pay and conditions, bank from which payroll is made, etc (amongst others) is ALL the same. If that is the case, then there is still a challenge with the ABN as this essentially defines one business entity from another.

      DIBP have trouble with this as they same the new owner does not necessarily mean the same commitment to retain you for the two years of employment needed for 186 grant, and also whether or not that new employer is fit to be a standard business sponsor. In this case, you have said the new employer is a former sponsor of many 457 visa holders. Without knowing about that company I can tell you that this can be good or bad. DIBP is increasingly tough on employers who sponsor numbers of 457 visa holders, but also, some of your household name big companies routinely use 457s.

      You also have time of application. Given that it seems to me that you met criteria at time of application then you will possibly be granted your visa in the next little while. DIBP expect your employer to report changes of ownership (it is a ‘mandatory’ sponsorship obligation), but if this happens, then your entire visa application process will unravel. A classic catch-22.

      Have you recieved any further correspondence recently from the Department in relation to your application? (bearing in mind DIBP has extended processing times for a number of visa subclasses, employer sponsored visas included).

      You can contact me directly to discuss further if you like.

      Paul Sadler
      paul@visafaq.com.au

      reply
  4. Dan  August 3, 2017

    Please just want to know if is mandatory for 187 visa holder dependent children to also school in regional area

    reply
  5. Elsie  August 1, 2017

    Hi,
    I am wondering if you confirm if the 187 visa is the right one for me to apply for. I am an Air Traffic Controller, also holds a bachelors degree in Electrical and Communications Engineering.

    Thanks

    Elsie

    reply
    • Paul Sadler  August 2, 2017

      A positive skills assessment is essential along with a nomination application by the prospective employer who would also need to document a comprehensive statement of genuine need for the position.

      I would need a lot more detail to advise on your personal circumstances so feel free to contact me directly through the contact us page.

      reply
  6. Budi Santoso  August 1, 2017

    Dear Visa Faq,

    I am planning to apply for SI189 using my Master of Professional Accounting degree from UNSW. It is a 2-year program.

    However I am not sure about one thing:
    DIBP website says I will get 15 point from “A bachelor degree from an Australian educational institution or a bachelor qualification from another educational institution that is of a recognised standard”

    It clearly states ” A bachelor degree…” instead of “At least bachelor degree…” or “A bachelor degree or higher…”

    Does that mean I will not get that 15 points if I apply for SI 189 using my Master of Professional Accounting?

    My bachelor degree is unrelated to accounting (hospitality management) and will not get me any immigration point.

    Thank you for your consideration and I am looking forward to your reply.

    Regards,

    Budi Santoso

    reply
    • Paul Sadler  August 1, 2017

      Hi Budi,

      The specific wording from Schedule 6D of the Migration Regulations is as follows.

      6D72
      met the requirements for:
      (a) the award of at least a bachelor degree by an Australian educational institution; or
      (b) the award of at least a bachelor qualification, by another educational institution, that is of a recognised standard
      15

      In schedule 6D of the regulations, ‘at least’ is used to denote tertiary studies from bachelor and higher up to doctorate. This includes honours, masters by research and masters by coursework.

      I hope this helps.

      Paul Sadler
      RMA#1382089

      reply
  7. Plipaks  July 29, 2017

    Hi Paul, im on 187 visa from 457 visa applied through the Transition stream. Been working on the farm for 3 years now It was granted last March 2017, but last week of March as well been to the GP for a complaint in my elbow. And after couple of visits, finally went for Ultrasound and X ray confirmed I got a tear in my elbow. And I went for a Cortisone injection to minimize pain and swelling after almost a month of taking anti inflammatory medication but still didnt work. This June went to have a couple of weeks annual leave then after that still go back to work but the pain wont go away and its affecting my work and performance. My question if I leave my employer due to medical conditions, would DIBP cancel my visa? If I leave, do I need to notify DIBP or just wait for DIBP to contact me instead? Please help and reply, Im on a very bad spot at the moment I know but I know my health comes first as well. Thank you.

    reply
    • Paul Sadler  August 1, 2017

      Hi,

      The problem here is the degree of incapacity and whether or not your employer will terminate the relationship on the grounds that there is long term injury and you are not likely to be at full strength for some time, if ever.

      The danger with you leaving your employer because of your injury, this could trigger a cancellation by the Department. To avoid this, you will need specialist reports documenting the degree of injury and recommendations for leave of absence to recover. This would then need to be agreed to by your employer. This is the safest way to approach the matter and avoid a cancellation decision.

      Regards

      reply
  8. Mark  July 28, 2017

    Hi there,

    I cam to aus on a student visa, after completing my bachelors, i applied for 485 and got refused as my agent din send in my health declarations and afp on time.
    Hence now we have appealed to aat..

    Now i realised that i am eligible for a 189. Can i apply for. 189 when i had my 485 refused.?
    I amon a tourist visa now.
    Thanks

    Mark

    reply
    • Paul Sadler  July 29, 2017

      Hi Mark,

      I take it your refusal was made whilst you were offshore. You would need to check your tourist visa for ‘no further application conditions’. If no such condition exists then you can apply onshore once you have your invitation to apply for SC189 from the Department.

      Regards

      Paul Sadler

      reply
  9. Tommy  June 27, 2017

    Hi Paul,
    My student visa was refused and my case is now at AAT for 18 months.
    If I complete my course before I get results from AAT, what is going to happen?
    Do I need to leave the country within 28 days from the course end date?
    Or can I stay until I get result? Or…?

    reply
    • Paul Sadler  June 27, 2017

      Hi Tommy,

      If your AAT matter runs beyond the end of your course the same conditions and expiry rules apply. If the matter is finally determined before the end of your course, your study conditions attached to your bridging visa will also expire at the end of the 28 day period and you will be expected to leave the country, unless you have an ongoing immigration matter separate to your present AAT case.

      Hope this helps.

      Paul

      reply
      • Tommy  June 27, 2017

        Just want to make sure my understanding if correct.
        So… if I don’t get result before the course finishes, I can stay here until I get result but I cannot work because the course is not in session any more?
        Thanks.

        Period of stay: indefinite
        Visa condition: 8105 work limitation

        reply
        • Paul Sadler  June 28, 2017

          Hi Tommy,

          This bridging visa term ‘indefinite’ simply means it is in effect until up to 28 days after the day the AAT decision has been made. The work limitations are lifted once the course is completed.

          Regards

          Paul

          reply
  10. Sunil kumar  May 21, 2017

    Hi paul i am i ndian and doing job as health educator in health department .i want to migrate in austrlia can i aply 457 skilled worker visa

    reply
    • Paul Sadler  May 26, 2017

      Hi Sunil,

      A number of occupations in the health sector remain on the recently changed skills list.

      Depending on your qualifications, experience, language ability, etc, there are opportunities for skilled migration, state based nominations, regional nominations and employer nominations.

      To provide you with a detailed picture of your eligibility, we an eligibility assessment for a fee. Just let me know if you would be interested in this service.

      Regards

      Paul

      reply
  11. Jane  February 27, 2017

    Hi
    I am in bridging A ( subclass 010) visa. I appyed ens nomination ( temporary resident transtion ) subclass 186 visa on last june 2016. But i have got a lettet form immigration that they habe been made a decision on 2 nd of april, to bar the sponsor from sponsoring more peopel for subclass 457 visa until 26 may 2017. Also to bar the spnsor for 2 years from making future application for approval as a standard business sponsor. This will effect to my visa decision??

    Also my employer try to appeal against this decision to get their sponsorship again. It this will be success?.

    Thanks
    Jane.

    reply
    • Paul Sadler  February 27, 2017

      Hi Jane,

      The Migration Regulations state that for the grant of subclass 186 visa (Temporary Resident Transition stream), that the nomination must be approved, that it cannot be subsequently withdrawn and for your visa application to be made within six months of the date of nomination approval.

      It is not clear from your request whether this nomination was approved prior to the Department sending you the notice of intention to bar the sponsor.

      You may contact me directly by email paul@visafaq.com.au with additional facts of the case and I can provide more direct assistance.

      Regards

      Paul Sadler
      MARN 1282089

      reply
  12. John  January 15, 2017

    Hi
    I was granted with my 187 visa on 15 sep 2015 and I am still working for him.At the movement I am on sick leave since 29 November 2016 because of pshycological health issue.I have been to the psychiatrist 2 times for councilling.My mental condition now is because of my employer.Every week since I was working for him I used to work more than 38 hours a week every time when ever I used to ask him for the payment of overtime he used to just ignore it finally after 1 year I have asked him seriously and he started me threatening me that he is going to report to immigration to cancel my P.R from that day slowly I went into dipression and I was unable to have proper sleep dint want to eat.I completely went into mental trouma.still I am having shiver that may do something to my Visa.My wife was worried and she took me to psychiatrist.Even doctor has advised me to change work place.One of my friend have advised me to apply for sick leave till I get my citizenship ceremony done which is due on 13 feb 2017.I have also worked for him more than 12 months after visa grant.Is that period considered as genuine effort.
    Please advice me what should I do.

    reply
    • Paul Sadler  February 1, 2017

      Hi John,

      The problem with breaking a sponsorship relationship before the 2 year period is that you would most likely have your visa terminated by DIBP. If such an action were to occur, you would stand a good chance of success in winning with the AAT on appeal. There have been numerous such cases illustrating DIBP’s determination to cancel the visa, whilst the AAT reviews the full facts and tends, in most cases I have observed, to come down on the side of the visa applicant. This is especially true where the employer appeared to be exploiting the sponsored staff.

      I see from your question that you understand you cannot change employer because of the consequences of cancellation. It is best you stay with employer as far as is possible whilst keeping evidence of exploitative relationship that could be used in the case of an adverse outcome.

      Please feel free to contact me directly if you wish to discuss this further.

      Regards

      Paul

      reply
  13. Pedro  January 14, 2017

    Hey Paul,
    My partner and i just finished our masters and are both eligible for the 485 graduate visa. However I have read that an individual is only eligible for a 485 visa once. For example if I were to do another masters after my 485 visa, I wouldn’t be eligible to apply for a 485 visa again. With this in mind, my partner is looking at doing her doctorate after the 485 visa. So my question is this, if I applied for my 485 visa now and added her as my secondary, could she then apply for her 485 visa after her doctorate and add me as her secondary? Thanks in advance Paul!

    reply
    • Paul Sadler  February 1, 2017

      Hi Pedro,

      Schedule 2 of the Migration Regulations 1994 at the relevant section 485.211(b) states that you are not eligible to apply if you have previously been granted 485 visa as a primary applicant.

      Thus, you can be added as secondary applicant on your partner’s 485 visa application.

      Regards

      Paul Sadler
      Paul@visafaq.com.au

      reply
  14. Willie  December 2, 2016

    Hey Paul,
    We came over on a 457 visa and applied for a 187 which was granted in November this year,we worked before the visa was granted a year for our employer. As we are working on a mine each 3 years there is a contract tender. Our company did not receive the contract and made us redundant. My question is ,
    1. The new company wants to take us over in the same job prescription.
    2. We stay in the same place and regionally.
    3. Is it necessary to let Immigration know about it.
    4. What could happen now or are we ok ,as we have tried everything to stay with the old company ,all they said was that they do not have work for us anymore.

    Willie

    reply
    • Paul Sadler  February 1, 2017

      Hi Willie,

      You are obligated to remain with the employer for the standard 2 year period so long as the employment conditions can be maintained by the employer. If the business is sold, closed down, dramatically restructured and is no longer able to maintain your employment, then you are free to work for any other employer in any other part of Australia.

      You should out of courtesy inform Immigration, however, policy is clearly on your side on this matter.

      Regards

      Paul Sadler
      MARN 1382089

      reply
  15. Eric  November 4, 2016

    Hi,
    I submitted my PhD thesis in Engineering from ANU. I got feedbacks from the examiners and resubmitted it. Now, everything has been finalized and I have satisfied all requirements for PhD degree. Now, I am just waiting for the graduation day at the end of Dec 2016 to get my PhD degree awarded.
    Am I eligible to claim for:
    – Education qualifications PhD(20 points)
    – Australian Study Requirements (5 points)
    – Specialist Education Qualification (5 points)
    ??
    I am extremely confused with these pieces of information during this interim.
    Thanks so much

    reply
    • Paul Sadler  February 1, 2017

      Hi Eric,

      You are eligible to claim points for PhD, should the thesis be graded and conferred, prior to graduation date. It only where outstanding changes are yet to be assessed and the final result is not yet know. The Australian study requirement points are able to be claimed where two years of full time study can be proven.

      The ability to claim 5 points for specialist educational qualification is dependent upon an assessment by the relevant industry body to which your studies relate. Policy is vague on this so you would need to provide more specific information on the nature of studies undertaken and relevance to a specialised area of industry.

      Regards

      Paul Sadler MARN 1382089

      reply
  16. Kk  September 16, 2016

    Hi Paul, I am planning to start a small natural therapies clinic to start with part time and then full time. Can I sponsor someone to work for my clinic? I m hoping to get a office manager with Web development skills to build my website maintain and coordinate Skype consultations. Can I sponsor a overseas worker, who is my relative? Could my clinic be in a rented dedicated space or could be done at my residence? Will I be eligible to sponsor? Should I need to show my bank balance or funds or any requirements? Is IELTS compulsory for direct PR? Please guide.

    reply
    • Paul Sadler  September 16, 2016

      Hi Kavitha,

      It is possible for you to sponsor a worker into the role assuming they have the skills and/or experience for the role.

      For direct entry PR your business would need to be operating at least 6 months. For 457 sponsorship you do not need to be in operation for long.

      It is more difficult to apply for PR than 457 as Immigration will apply stricter tests on the requirement for the position.

      Applications where the business location is a person’s home and not an office location generally fail.

      Financial capacity and other supporting evidence of business activity is crucial to application success.

      Direct entry PR requires IELTS 6.


      Paul Sadler
      Principal Agent
      E | paul@visafaq.com.au
      I | http://www.visafaq.com.au
      P | (61+) 0400 804 087
      A | 104/361 Kent St Sydney, NSW. Australia. 2000
      MARN 1382089

      reply
  17. Krissi Trinh  September 14, 2016

    Hi Paul, i have one question if you can help clear my mind, i ve just graduated from uni, my first visa was student visa which was granted after 5 november 2011, im totally eligible for Post study work stream subclass 485, however in the application i chose graduate work stream by mistake, which requires to have skill assessments, i ve just filled the form 1023 saying i chose the wrong stream. Is that pretty much what i can do now? I will go to DIAC office in melbourne tomorrow to seek for advice as well. Can i do anything else for now? Do they base on that mistake to refuse my application? Thank you so much.

    reply
    • Paul Sadler  September 15, 2016

      Hi Krissi,

      Coming clean with the Department about errors in your application will assist you and will not result in a refusal decision.

      The Department in my experience is helpful in helping people to avoid refusal decisions because of the implications on further applications.

      You may need to withdraw the application and lodge again, though I no doubt believe this will be the advice of the Department.

      For notice of errors on applications, you generally do not need to withdraw, however where you have selected the wrong stream of application as you have done in this case, generally requires withdrawal and reapplication with the correct stream selected.

      I hope this helps.

      Paul Sadler

      reply
  18. Raji  July 24, 2016

    hi paul
    i came to austalia on student visa. i finished my studies and applied for skilled temporary residence and it was refused. then i went to MRT and Minister and the decision was negative. then i applied for protection visa. it was reused as well. i applied to RRT, Federal circuit court,federal court and high court and minister intervention. All appeals results was negative.And now the DIAC want me to depart australia.
    I just need bit more time around 6 months. Is there any visa i can apply for?
    Thanks

    reply
    • Paul Sadler  July 29, 2016

      Hi Raj,

      The Department clearly wishes you to depart and it is their intention to force this to happen. If there are particular circumstances that you need to extend your stay then there are most certainly options for you.

      I would need to be fully informed of your case history in order to advise. Please email directly to arrange a consultation by phone or in person. Paul@visafaq.com.au

      Regards

      Paul Sadler

      reply
  19. Sumon  July 1, 2016

    Hi There,
    Could you please advice, what kind of documents do I need submit to prove of work with my employer for two years of my 457 visa as I’m planning to apply for ENS visa. Tax assessment/Payslip/Bank statement ? My employer used to pay me via cheque from his business account and I deposited those cheque as salary in my personal/savings account .

    reply
    • Paul Sadler  July 5, 2016

      Hi Sumon,

      Yes, you will need tax assessments, payslips and bank statements.

      Under recent legislative changes to 457 nomination rules, you will need to strengthen the evidence of employment. Try and think outside the box to prove other types of evidence to support your claims.

      Regards

      Paul Sadler

      reply
  20. Mani  February 4, 2016

    Hi I m just wondering if I can still apply for RSMS visa. I m in Sydney for last 6 years and 2 years before I had applied for student visa for visa extension but it was rejected and then I applied for mrt.After that I applied for 457 visa in a restaurant where I m presently working but according to my visa demand I applied offshore visa but it was rejected just because when I applied that visa I was in Fiji but before my result I came back to Sydney so they said unless result comes we need to stay out of country for offshore visa.
    Now I m fighting in court for my mrt n my next hearing is on August 2016 but I wants to apply for RSMS visa before that.i have 6 bands.
    Could u pls help me out that what should I do?

    reply
    • Paul Sadler  February 4, 2016

      Hi Joshi,

      There may be a way to make valid application but I need to know your current personal situation.

      Can you please contact me directly by email paul@visafaq.com.au with your present bridging visa details.

      Thanks

      Paul Sadler

      reply
  21. AJ  February 2, 2016

    Hi, I am an international student who submitted the PhD thesis in November 2015. I am currently waiting for my examiners to give their review report, and therefore get my degree. I have a letter from university that my PhD enrolment is finished and that I am waiting for the examination results. I am wondering if I would be able to use this letter to get the 5 points of the Australian study requirement for my PR application or should I wait for the conferral of my final degree?

    reply
    • Paul Sadler  February 2, 2016

      Hi Aj,

      The question as to whether you can use this letter depends on the likelihood of being requested to make amendments or changes. If the submission of the thesis is final, irrespective of examiner review reports, then you are deemed to have completed all the requirements for the degree, and as a result, the Australian study requirement (2 academic years, 16month benchmark etc) is met. If, however, there is a chance that corrections need to be made for successful award, then you are not deemed to have completed the Australian Study requirement.

      As for conferral, this is not the same as completion. Completion is mostly denoted by publication of results in the final term of studies.

      Regards

      reply
  22. Felipe  February 1, 2016

    Hi, I arrived in Australia in september, student visa, I went to bali to apply again. But my visa was denied. Now I’m here as visitor. I would like to know about the sport visa. I was jiu jitsu teacher in brazil, my friends told me that there is a visa here by athlete or sponsor (to teach in a gym). Thanks and sorry for my english, I’m still learning.

    reply
    • Paul Sadler  February 2, 2016

      Hi Felipe,

      The visa you talking about is the 401 Temporary Work (Long Stay) visa. This visa has 4 streams: Staff Exchange; Sporting Activity; Religious Work; Domestic Work (Executive).

      The application process requires a nomination by an organisation involved in sporting activities or events, which does not include gyms or other non-organised sporting activities.

      The three types of recognised sporting activities for this stream of the 401 visa are:
      sporting activity type 1 – competitors in sporting events and support staff
      sporting activity type 2 – contracted players, coaches and instructors
      sporting activity type 3 – judges and adjudicators.

      As you can see, the visa focuses on sporting events and the support activities around those events. Events are also of an elite nature, so casual sporting activities are not included in the scope of grant for this visa.

      If you are training, then a 402 Training and Research visa may be appropriate for your circumstances. If working in a gym or in some other type of sports instructor, there may be an opportunity for you to be sponsored on a 457 visa as sports instructor. Some occupations on the CSOL (the list of occupations for sponsorship for a 457 visa) include:
      Gymnastics Coach or Instructor,
      Horse Riding Coach or Instructor,
      Snowsport Instructor,
      Swimming Coach or Instructor,
      Tennis Coach
      Other Sports Coach or Instructor

      For any of these sponsored occupations you would need an employer to nominate you.

      I hope this helps.

      reply
  23. CC  January 29, 2016

    Hi I was wondering if you can help. I was recently granted a 187 PR visa in November. Visa conditions state I need to intend and make a genuine effort to stay in the position for 2 years however I am finding this impossible. I am so badly treated in my work environment that I have seen the doctor and he has advised me to see a psychiatrist to help deal with the situation as I have severe anxiety due to this. Something I never had before. If I leave my employer will contact immigration and try have my PR visa revoked. I really need advice. Thanks.

    reply
    • Paul Sadler  January 29, 2016

      Hi,

      Immigration law is quite strict on enforcement of compliance with visa conditions. There have also been some recent cases in the Tribunal and courts that unsuccessfully argued for a reversal of a cancellation decision on 186 & 187 visas where the 2 year commitment was not observed.

      That being said, the law does allow for you to get out of an oppressive and abusive relationship, whether it be a partner visa relationship or employment visa relationship.

      That being said, the key to successfully terminating that employment relationship with your visa validity in tact is evidence. You will need to adequately demonstrate that an abusive or oppressive relationship is taking place and that it is having an adverse impact upon you and/or your family.

      This should be submitted with an appropriate written submission requesting leave of that employment relationship without any adverse impacts upon your visa validity.

      You would also need to reference your employment contact and any clauses that deal with termination of the employment relationship.

      I hope this helps.

      Paul Sadler
      MARN 1382089

      reply
  24. BJ  January 14, 2016

    I just paid near $7000 for onshore partner visa for my wife. But we realised next day it was actually another tourist visa we wanted. We even had the forms with attachments filled out for tourist visa. We made wrong choice because it was last day for visa expire and whilst we was seriously contemplating a partner visa. We certainly was not ready to apply for one. I really don’t know why I paid it, except that maybe having beers and it being past 1 am. The next morning I checked my bank account and was shocked. I was hoping it was some bad dream. In particular the reason we didn’t really want a partner visa yet, is because I don’t want any more children. I am on disability pension for extreme anxiety disorders and there is no way my health can actually handle helping raising a new born. I actually want my wife to find someone else, because she needs have child, and with me it won’t happen. It’s a sad situation. Now we both feel trapped because have applied partner visa. We don’t want withdraw because then it would mean likely losing $7000. What chance is there we could get refund?

    reply
    • Paul Sadler  January 14, 2016

      Hi Bj,

      As you will see in my blog post below, there are mandatory and discretionary types of refund.

      Mandatory refunds are limited and do not fit your situation.

      You should contact the department as soon as you can to request a discretionary refund given the reasons for haste in submitting. You can read more about it at this link.

      http://visafaq.com.au/visa-application-fee-refunds-not-what-they-seem/

      If possible, you should go into the Department of Immigration offices to speak with someone there about a refund if you lodge a request to withdraw the application.

      Because of the mistake in lodging the wrong application, she should also be allowed to apply for another visa within 28 days of expiry of her last visa.

      I hope this helps.

      Paul Sadler
      MARN 1382089

      reply

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