457 rejected. Chances for 186.

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457 rejected. Chances for 186.


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Old 06-11-2018, 01:38 PM
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457 rejected. Chances for 186.

Hi, I am a concerned relative of someone staying in Australia. His 457 sponsorship got rejected last year and AAT also stayed affirmed with the decision. Currently, he appealed to court to look into his case but very likely the result will not be at his side as AAT did no mistake.

As of now, he is thinking of getting sponsorship from a new workplace for 186 which is based on employer nomination.

Now I do not live in Australia and I need to make an informed financial decision regarding the circumstance and I would like to know some details.

1. What are the chances for 186 sponsorship rejection considering his 457 was rejected before and AAT was affirmed with the decision? He is doing a 'marketing and accounts job'.

2. New workplace asking payment for sponsorship. It seems like a widespread practice but should that not be illegal?

I will be thankful if I get details on these so that I can have better understanding of the situation.


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Old 06-11-2018, 09:01 PM
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Asking for payment for sponsorship is illegal and your relative would be well advised to stay clear of anyone who does.

It is impossible to advise on their eligibility for s sc. 186 based on the limited information provided.

Your relative should engage a registered migration agent to review his case and discuss potential options.

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Old 06-11-2018, 09:55 PM
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Quote:
Originally Posted by CCMS View Post
Asking for payment for sponsorship is illegal and your relative would be well advised to stay clear of anyone who does.

It is impossible to advise on their eligibility for s sc. 186 based on the limited information provided.

Your relative should engage a registered migration agent to review his case and discuss potential options.
First of all thank you for replying. Let me be bit more clear regarding my question, Does refusal of 457 affects 186 application anyhow? As in, does the visa officer evaluate candidate's past visa application?

I was doubting that this process of payment to the employer is not legal. Thank you for clarifying.


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Old 06-11-2018, 10:49 PM
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Quote:
Originally Posted by kanban100 View Post
First of all thank you for replying. Let me be bit more clear regarding my question, Does refusal of 457 affects 186 application anyhow? As in, does the visa officer evaluate candidate's past visa application?
It would be highly unprofessional to advise on this without having access to all the relevant documentation. There are simply too many factors to consider. Get them to see a registered migration agent.

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Originally Posted by kanban100 View Post
was doubting that this process of payment to the employer is not legal. Thank you for clarifying.
If a potential sponsor asks for payment, they are breaking the law and alarm bells should start ringing. It is an insidious practice and quite often it's a complete scam, especially when dodgy "agents" are involved. Legitimate employers do not ask for payment. There are many unscrupulous operators out there seeking to exploit desperate people.

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Old 06-11-2018, 11:09 PM
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Quote:
Originally Posted by CCMS View Post
If a potential sponsor asks for payment, they are breaking the law and alarm bells should start ringing. It is an insidious practice and quite often it's a complete scam, especially when dodgy "agents" are involved. Legitimate employers do not ask for payment. There are many unscrupulous operators out there seeking to exploit desperate people.
What should he do in regards to this circumstance? Can you provide me with the website link where the complaint can be lodged?

From my side, advising against working for that employer is the best I can do at this point.


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Old 06-12-2018, 01:44 AM
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Quote:
Originally Posted by kanban100 View Post
What should he do in regards to this circumstance? Can you provide me with the website link where the complaint can be lodged?

From my side, advising against working for that employer is the best I can do at this point.
https://www.homeaffairs.gov.au/Forms...der-Watch.aspx

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Old 06-13-2018, 03:05 PM
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To my understanding and in view of friends' experiences, applying for 186 or 187 visa depends on several factors.
a) what visa s/he is on at present and how long s/he has left on it,
b) does s/he have section 48 bar or not (if yes, new visa can not be applied for),
c) does s/he have positive skill assessment (watch Medium and Short term occ list),
d) does s/he have required score in English),
e) whether s/he has found/got a new employer offering job and sponsorship,
f) if yes to item d above, what is employer's history and financial capacity,

Briefly, addition of new para and clauses in Migration Regulation 1994 amended on 13 April 2018 make provision for people with bridging visa to apply for s/c 186 or 187, provided they meet the relevant criteria (i.e. for Direct Entry Stream or for Temporary Residence Stream). The primary items to have are employer's being prepared to offer job AND sponsorship (with docs required), positive skill assessment for occupation on current list(s), required English score, no s.48 bar, current visa status allowing to apply within Australia, and most importantly being under 45 years of age (for TRT under 50 in some instances). I hope it would address some of your concerns.


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