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Discussion Starter · #1 · (Edited)
Hi everyone and visa gurus,

I urgently need your advice here. I am currently on a 4-year 457 work visa (which will end in Dec. 2018) and have been working at a university as a lecturer since 2015. The school nominated me for the ENS nomination (Direct Entry) in Oct. 2016 and we received the approval in May this year. I followed up with the PR application in early August and just received the notification of visa refusal this morning, unfortunately.

When I looked at the reason for refusal, it said that I didn't meet the Competent English requirement (186.232). However, I have completed my Master's in Canada and PhD in the USA, not to mention that I have taught at the tertiary level for years and published in international journals. How could an applicant demonstrate those job performances without competent English?? I know those statements are applicable to Temporary Tranisition Stream, but I did provide the related documents and info in order to make a case for waiving this requirement. Nevertheless, the officer didn't even consider those supporting documents or give certain time frame for me to submit the scores. She just refused it outright under the Direct Entry stream.

She also assessed my application under 186.223(1) Temporary Residence Transition Stream and pointed out that "Under subregulation 186.223(1)(a), the position to which a visa application relates must have been nominated and approved under subregulation 5.19(3). Since the correlating nomination did not seek to meet the requirements of and was not assessed under subregulation 5.19(3), the applicant does not meet regulation 186.223". I have problem understanding this statement here, though.

I know I can go for the appeal in 21 days, which will incur another $1731 fee plus a 10-month wait time without the guarantee that the appeal will be in my favor. I can also quickly take an IELTS or PET to update my docs but it says the case has been finalised and can't be considered.

Just feeling totally devastated. Shall I keep fighting with the appeal, hiring a lawyer with more fees involved or ask the school to renominate me for the Temporary Stream and reapply (though I don't know how long it will take as my 457 will expire in Dec 2018)? Your advice is much appreciated.
 

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Did you provide any of the evidence for sc.186 DE listed here?

Employer Nomination Scheme (subclass 186)

Unless you were exempt, the visa cannot be approved without the relevant English language evidence.

Relevant requirements and possible exemptions would depend on the regulations in force at time of lodgement.
 

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Discussion Starter · #3 ·
Hi CCMS,

I provided all the certificates/diplomas related to my postgrad studies but I think the last straw is the English test as I thought, naively, that I could also be exempt from this requirement as in the temporary transition stream. They basically only used the Direct Entry stream requirements to review my application without any further consideration of my supporting documents.
 

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Hi CCMS,

I provided all the certificates/diplomas related to my postgrad studies but I think the last straw is the English test as I thought, naively, that I could also be exempt from this requirement as in the temporary transition stream. They basically only used the Direct Entry stream requirements to review my application without any further consideration of my supporting documents.
It is unfortunate you didn't get someone to check your application. You can only apply under the one stream. I assume you would have had no problem doing an IELTS Test. The requirements of the DE stream are very clear in that regard.
 

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Discussion Starter · #5 ·
Yes, I am quite bummed out in this regard....Can I still ask the school to nominate me again under the Temporary transition stream this time as I have worked over two years ? A laywer suggested that I go with this option instead of ATT appeal (and pay another $1731) as it's a long wait without any guarantee in my favor. He also said that I'd go lodging the new application offshore since my first attempt was refused. Or do you have another suggestion that I could also consider? Thanks!
 
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