186短期列表职业提名明年3月份未获批问题

请教,186 DE 短期列表职业,提名和签证同时提交,如果明年3月份提名还没有下来,会不会面临要求撤签的情况。因为职业已经不再适用于186的申请了,必须在中长期职业列表上。明年3月份新的政策会具有追溯性吗?

律师说不会。

谢谢!

那还可以最后博一下。。哎,明年三月又是一个坎。。

好运! :wink:

The current policy is that as long as the occupation is on the relevant occupation list at the time of the application, your eligibility will not be negatively affected if the occupation is subsequently removed from the list. Good luck.

谢谢

Thanks

“as long as the occupation is on the relevant at the time of the application”

so the application includes nomination application or only refer to visa application? I worry about that if the nomination application have to be withdrawn after March 2018.

Yes, that was what happened to the 457 nomination/visa applications in April 2017, i.e., because that new list had removed various occupations, those occupations that were no longer on the list must be withdrawn by the applicants or refused by the Department.

It is legally permissible for the Department to change the list and force the applicants to withdraw the applications. However, based on the below, it is envisaged that it is highly unlikely, that the Department will force applicants to withdraw the nomination and visa applications for occupations that were included on the list at the time of the application.

In terms of ENS Direct Entry (DE) applications:

If a nomination application was lodged before 19 April or 1 July 2017 respectively, the list of eligible skilled occupations that was in place at the time of lodgement will still apply to this application. Any related visa application (containing an occupation that has been ‘removed from the list’ post lodgement of the nomination) can also still be approved, where other requirements are met.

Where a nomination application was received after an occupation was removed from the list, the applicant will not be assessed and the nominator will be offered the chance to withdraw. The same will occur for any related visa applications. If no withdrawal, the Department will move to a refusal decision.

Clearly, make sense.

Thanks for your professional answer, thanks a lot.

Happy new year!

Hi,I want to confirm another question that if an employer has got the approval as a Temporary Business Entry Standard Sponsorship, it is only applicable for 457, or it automatically get the sponsorship for 186 DE? I am confused because it seems only the type of 457 visa is mentioned in the SBS letter…

look forward to your kind reply, thanks.

I suspect you or your employer had engaged either a lawyer or migration agent to assist with the applications. If so, it’s best to consult him or her directly, if you need my advice/service, you need to engage me formally either on an hourly basis our fixed fee basis. You can email me directly : [email protected] Thank you.

oh, I misunderstand you role in this forum, sorry

I want to double check some information, so I post here for help. maybe somebody has similar confusion and can share relevant information.

Anyway, thanks

Simply put, SBS and 186 nomination are not directly relevant. A company does not to be a Standard Business Sponsor to nominated a 186 visa applicant, but if they have been/are, they will need to provided evidence that they have complied with the SBS obligations, including training for the current/most recent SBS.