Main reasons why 187 (RSMS) nomination is refused
Table of Contents
- Main reasons why 187 (RSMS) nomination is refused
- What to do if your 187 nomination is refused
- Should your employer apply for an AAT merits review?
- Can 187 visa be granted if a nomination is refused?
- We want to appeal 187 nomination refusal – what to do.
- How long does it take for an AAT hearing for a 187 / RSMS nomination refusal
- Which visa will I have while waiting for an AAT hearing
- Can I apply for another visa in Australia while waiting for an AAT decision?
- Can I apply for a new nomination and link an old visa application
- Should I engage the migration agent?
It may take months and in some instances, even years from the time of 187 nomination lodgement by the time case officer is assessing the application. A lot may happen in the meantime in the company. Ther are a few common reasons why 187 nomination is refused:
- the company closed down
- company backed up
- position no longer available
- company’s financial position does not support the position
- position inconsistent with a business
- the company did not provide with the required evidence
- the company provided incorrect evidence
What to do if your 187 nomination is refused
There is no point arguing with Home Affairs as they have made a decision and for them a decision is final. If 187 nomination is refused your employer may appeal to the AAT and ask them to review the decision. The beauty over here is that case officer have had to provide with a reason for refusal and in the AAT your employer will be arguing if a case officer was right or not. Your employer might provide additional evidence up to the time of the hearing.
Should your employer apply for an AAT merits review?
- if your 187 nomination is refused because the company does not exist anymore – well there is nobody to appeal – right?
- if your 187 nomination is refused because your employer did not provide required evidence – I’d go for it
- if your 187 nomination is refused because case officer decided a position is not required in the business (for example – sales manager in a small shop employing 3 people) – it’s a case by case scenario – it depends if there are any chances of success in the AAT.
Can 187 visa be granted if a nomination is refused?
Unfortunately, there is no way your visa could be granted if the 187 nomination has been refused. Dependant on what your employer is willing to do you can withdraw the visa application or wait for it to be refused as well. Home Affairs is quite pushy asking people to get a visa application withdrawn (they don’t want you to appeal), but in most situations, withdrawing the visa application might not be the best idea. Look for professional opinion – it’s your life.
We want to appeal 187 nomination refusal – what to do.
First things first – it’s all about the timing.
- Once a nomination is refused your employer is given 21 days to appeal to AAT. If they’ll miss the deadline – end of story
- At the same time, you are being given 28 days to respond to why your visa should not be refused. Don’t bother begging them – they can’t grant a visa without nomination approved.
- If your employes lodged an appeal within the prescribed timeframe – that’s a good start. You may stand a chance of getting your visa at all.
- After 28 days your visa will be refused based on the fact there is no nomination
- Once your visa will be refused then, and only then you are in a position to appeal visa refusal. Check the timing as well.
How long does it take for an AAT hearing for a 187 / RSMS nomination refusal
AAT is inundated with requests for a merits review. It takes between 1-2 years before an AAT member will be allocated to your case. You will have to have a very good reason if you’d like your case expedited.
Which visa will I have while waiting for an AAT hearing
There is no simple answer, but the most common concern is when a visa applicant is already on a Bridging Visa A. Your BVA will be extended untill the hearing and beyond. You’ll still have work rights and will still be eligible for a medicare, but expect a letter from Medicare to confirm your case has been escalated to the AAT as Home Affairs is quick in letting them know about a refusal.
Can I apply for another visa in Australia while waiting for an AAT decision?
If you still have so called substantial visa (almost any visa apart from bridging visa) – very likely, yes. Remember you’ll have to fullfill all the requirements of the visa you are applying for, so – if there is a GTE requirement (it does apply to visitor visa, student visa, temporary work visa) you might be in trouble here. How you can prove your intentions to stay in Australia temporarily if you have already applied for a permanent residency?
If you are on a bridging visa – you can not apply for another visa while in Australia because of s48 bar, unless …
No, you can not apply for a new nomination and link an old visa application. You will have to apply for a new nomination and a new visa application. Keep in mind no new application for 187 visas are being accepted under Direct Entry stream anymore.
Should I engage the migration agent?
Oh well – it’s your life.
Have you seen the TV series “The Knick”? It’s about a surgeon working in a New York’s hospital during the early part of the twentieth century. He did an abdominal self-surgery, it did not go well…
Make yourself a favour and engage a professional. We have helped a few – so you know whom to call.