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457 visa to PR 186 visa


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Hi i was just wondering if anyone has been through this process, i have spoken to immi this afternoon and they told me i need to have a nomination grant letter (which i thought if you had your nomination refernce number then you had your nomination granted??) which could take upto 6 months to get which makes me think that we dont have our nomination granted as we got this number within hours of lodging the nomination! she said my options were to still put in for the visa and pay for it or wait 6 months before putting in for the visa just incase it doesnt get granted then we wont loose the money, my husband is going to speak to the lady that put our nomonation in but she isnt very easy to speak to, i guess all im asking is some advise on weather to go ahead and pay for it or sit and wait another 6 months? TIA

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First, never take advice from immigration. They are notorious for giving bad advice and have a legal indemnity for any losses you occur as a result.

 

If a registered migration agent is not involved, then I would urge you to do so - particularly for the company side of the nomination as there is a lot more to it than just filling in some forms

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Hi i was just wondering if anyone has been through this process, i have spoken to immi this afternoon and they told me i need to have a nomination grant letter (which i thought if you had your nomination refernce number then you had your nomination granted??) which could take upto 6 months to get which makes me think that we dont have our nomination granted as we got this number within hours of lodging the nomination! she said my options were to still put in for the visa and pay for it or wait 6 months before putting in for the visa just incase it doesnt get granted then we wont loose the money, my husband is going to speak to the lady that put our nomonation in but she isnt very easy to speak to, i guess all im asking is some advise on weather to go ahead and pay for it or sit and wait another 6 months? TIA

 

Hello kristiestanley, I just reread what you wrote and thought I would clarify it for you as i think DIBP may have confused you!!

In order to make a valid visa application for a Subclass 186, a Nomination must have been lodged. Upon lodgement you will receive a TRN which is the reference number for the Nomination application. This is generated immediately after transmitted, it is NOT an approval. Then you can apply for your visa if you wish. 99% of the visas I lodge involve me first lodging the Nom then immediately afterwards lodging the visa application, as I wouldnt apply if I felt that my client did not meet all of the required criteria. The risk with this is that if the Nomination is refused, the visa must then automatically be refused. If you have doubt about the Nom being approved you may wish to wait for this and then apply for the visa, but obviously this will then take another 6 months. You are usually given the opportunity to withdraw the visa if the nom is refused, but dependent upon your situation, whether or not you are still on a substantive visa (ie your 457) you may want to get visa refused so that you can appeal to AAT and get a BV whilst waiting for the appeals process! However if refused at AAT you may end up being barred from a further onshore visa as you will be Section48 barred! Hope that isnt too confusing. My advice is if you are not confident, hold fire, wait to see what happens with Nom and then lodge visa application , if you have a visa to remain here on in the meantime!

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