187 RSMS

[Andrias]

Hi Friends,

Hope you all are doing well.

I'd like some advice. We've been having some hurdles to overcome with the visa process (as many of us has done) and it has caused some frustration in the past as I mentioned in that long post of mine some time ago

Just to update everyone, a few months ago my Dad's employer nominated him for a 187 RSMS visa as that is the only Visa they'll be able to apply for since my dad is 60 years old and he is above the salary threshold. He has been working for his employer for 2 and a half years and we've found out today that the nomination has been approved.

Given all the problems my parents have gone through regarding visas they believe that the nomination does not mean much in the scheme of things and we will still be rejected upon applying due to the strict rules and my dad's age that's counting against him.

My logic is saying that this can't be rejected because basically an AUSTRALIAN employer is saying to Immigration "we want this guy permanently" and to my understanding, DIBP reviews the employers application so if it has been approved, that is Immigration saying "yeah your good to go we just need to right paper work from the employee to approve the visa"

What I want to know is can something still go wrong at this stage? Does anyone know of a similar case where something went wrong or is this really as good as it can get and we should go for it and apply?

Thanks Friends

All the best.

Andre

[Judge]

Andre

Without having read your previous post, and if I understand you short post correctly, you can, in my view, expect problems. The nomination application is a separate application. The fact that that has been approved, does not mean that the visa application will be approved.

If your Dad has been working for the nominating employer on a 457 visa (I infer this from your post), and he has been earning equal to or above the FWHIT (Fair Work High Income Threshold), the exception to the 50 year-old cut-off for the 187 visa, only comes into operation after he has worked for that employer, in the nominated position for a period of four years, immediately before the 187 application is lodged. Having only worked for the employer for two and a half years, I unfortunately have no doubt that the 187 visa application will be refused. This will occur even though there has been a nomination approval.

Is there no possibility that he can work for that employer for 4 years, so that the exception applies? If his 457 visa expires before he reaches the four year stage, he could apply for another 457 visa and then for the 187 after the four year stage has been reached.

No matter what happens, he should, if he can, try and avoid a visa refusal with its consequences, and he would, after having obtained advice regarding this, maybe be in a better position to withdraw the application before it is refused.