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Discussion Starter · #1 ·
Hi, all

We lodged SBS application, Nomination and 457 visa all together on 15th of March 2018.

2 months later SBS application was refused and is finalised, no further questions asked.

Should company apply new SBS and try to fulfill the requirements that haven't been met? If so, how to update nomination application with new SBS reference number? Should use "Notification of changes in circumstances" or "Notification of incorrect answer(s)" forms?

Thank you in advance. Any tips are highly appreciated.
 

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Your company might consider consulting a registered migration agent for a considered professional opinion about possible strategies.
 

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Discussion Starter · #3 ·
Hi, wrussell

Thank you for your reply. I will definitely request it from my potential sponsor.

However, technically and theoretically speaking, if company would lodge the SBS application again with all the required paperwork, then it's possible to update Nomination application with right (new) SBS reference number?

Best regards
 

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457 nomination refused, what should I do with the Visa Application?

Hi all,

I really appreciate your advice.

We lodged nomination and 457 application together. The business's sponsorship was approved but I just received an email that their Nomination is refused and as such my 457 visa application cannot proceed. The email I received also mentions that the visa application cannot be linked to another nomination. They have given the business 21 days to appeal to AAT and given me 21 days to either provide information or withdraw my application.

The business is a painting company. They have created a new full-time position for advanced artistic painting technics and training the other workforce. That's why it's full-time.

The nomination is refused on Genuine Position Grounds. The delegate has argued that the position is not consistent with the business's model as so far, all their other employees were sub-contractors. They didn't take into account unfulfilled contracts or other documents provided in support of a new full-time position or the business's obligation to ensure that the applicant should only work for the sponsor (hence a full-time position)

I can't withdraw my application and apply again under TSS as it is costly and lengthy plus I have already waited 1.5 years and invested a lot in this 457 application.

I was thinking of making an AAT appeal for the nomination and asking that my visa application be put on hold while the AAT is reviewing the case. Is that the correct thing to do?

What is the chance that the department of home affairs accepts to wait until AAT's decision is made?
If they don't accept, is there any value in proceeding with the appeal?
Even if I get a favourable decision and AAT overturns the decision, what will happen to my Visa Application? Does it continue? Should I lodge a new one? That might not be possible as 457 does not exist anymore.

I feel utterly confused. I appreciate if someone can shed some light on this, please.

Many thanks in advance
 

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I hope that your financial loss only amounted to the visa fee, and the cost of any agent you engaged to process your 457 application, as all other cost are the responsibility of the sponsor.
Westley Russell who has already replied to you is a respected Registered Migration Agent, you should have your sponsor approach him for an appropriate strategy.
 
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