Detail Question Of The Week



Nomination of sc186 visa application refused - second application and saving fees?

Category: Permanent residency
Question asked

Hi,

I have had the nomination part of my sc 186 visa application refused due to adverse info against the company and the appeal is pending due to be looked at in about 10 months' time.

I have been advised that it is possible to let the visa application be refused (it hasn't yet) then lodge a new sc 186 employer nomination and should this nomination be approved, I can get the old visa application approved on the basis of the new nomination being approved. So I would not have to lodge a new visa application and not have to pay the fees associated with this. Do you agree that this is possible?

Kind regards

C.

Answer provided by our agents

Hi C.,

Unfortunately there can only be one nomination per visa application. You can not link a visa application that has already been linked to a different nomination.

The following regulations refer.

Item 1114B. Employer Nomination (Permanent) (Class EN)
3.
(d) An applicant seeking to satisfy the primary criteria must declare in the application that the position to which the application relates is a position nominated:
(i) under regulation 5.19; or
(ii) in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.

186.223
(1) The position to which the application relates is the position:
(a) nominated in an application for approval that seeks to meet the requirements of subregulation 5.19(3); and
(b) in relation to which the applicant is identified as the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
(c) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.

At the time the applicant completes and lodges their visa application they include a reference to the nomination ID or Transaction Reference Number. A declaration is electronically signed indicating that the visa application relates to the nomination under 5.19 or a labour agreement. The declaration does not include reference to future nominations, and the inclusion of the nomination ID or Transaction Reference Number links the visa application to that nomination only. There can only be one nomination per visa application.

You will be given an option to contact me to hire my services once this question has been finalized. If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote - and don't forget to mention your Question ID so that I can keep providing immigration services to you.

Regards,

Migration Agent