British Expats

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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   5 points for investment, i feel sick (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/5-points-investment-i-feel-sick-514020/)

murwullambah Feb 13th 2008 10:24 am

5 points for investment, i feel sick
 
We were in the 5 points for capital investment situation and they have solved it ok, by refusing our visa, i feel pysically sick, we went by all the guidelines spent the thousands had the medicals and then got refused. We passed TRA but they are now saying the trade TRA passed us on differs from the job my OH does and that is it. So we spent all the time applying to the TRA to be sucsessfull, paid for the application, payed for medicals, sold our house and now this, i can not explain how sick i feel. Any advise would be welcome, it also says we have no right of appeal

Pollyana Feb 13th 2008 10:44 am

Re: 5 points for investment, i feel sick
 

Originally Posted by murwullambah (Post 5926191)
We were in the 5 points for capital investment situation and they have solved it ok, by refusing our visa, i feel pysically sick, we went by all the guidelines spent the thousands had the medicals and then got refused. We passed TRA but they are now saying the trade TRA passed us on differs from the job my OH does and that is it. So we spent all the time applying to the TRA to be sucsessfull, paid for the application, payed for medicals, sold our house and now this, i can not explain how sick i feel. Any advise would be welcome, it also says we have no right of appeal

DO you have an agent? They would know if there is likely to be any solution. If not, I suggest talking to one, Alan Collett or George Lombard come to mind.

knockoff nige Feb 13th 2008 10:47 am

Re: 5 points for investment, i feel sick
 
Ouch, sorry to hear that. Cant offer any advice but I hope you find a way around.

memewest Feb 13th 2008 10:59 am

Re: 5 points for investment, i feel sick
 
:( OMG, sorry to hear that....

Wish i could offer you some practical advice, hope you manage to get this solved.....thoughts are with you....

meme xx

THORPES Feb 13th 2008 11:05 am

Re: 5 points for investment, i feel sick
 
:(Sorry to hear that. Hope you get it sorted.:(

knockoff nige Feb 13th 2008 11:07 am

Re: 5 points for investment, i feel sick
 
Is it 5 points you were short by and so went the investment route? Apologies for being a bit clueless. Would there be an option of applying for a regional sponsoship with fewer points?

Dorothy Feb 13th 2008 11:53 am

Re: 5 points for investment, i feel sick
 

Originally Posted by knockoff nige (Post 5926322)
Is it 5 points you were short by and so went the investment route? Apologies for being a bit clueless. Would there be an option of applying for a regional sponsoship with fewer points?

Not if DIAC have said that his work experience and occupation do not match his TRA.

Sorry to hear about your visa being declined. I'm sure it has been a real blow to you.

Not to kick you when you're down, but DIAC does state quite clearly NOT to do anything like quit jobs or sell property until you have a visa granted. Unfortunately, with the 136 visa there is no right of appeal. Do as Polly suggested and speak to George Lombard about what you can do.

Fly Away Feb 13th 2008 1:21 pm

Re: 5 points for investment, i feel sick
 

Originally Posted by Dorothy (Post 5926467)
Not if DIAC have said that his work experience and occupation do not match his TRA.

Sorry to hear about your visa being declined. I'm sure it has been a real blow to you.

Not to kick you when you're down, but DIAC does state quite clearly NOT to do anything like quit jobs or sell property until you have a visa granted. Unfortunately, with the 136 visa there is no right of appeal. Do as Polly suggested and speak to George Lombard about what you can do.

I agree Dorothy. However, some people have to sell their house to pay the bond. House sales take at a minimum 6 weeks to complete in the UK - not including the period when the property is for sale. I am sure that people want to be certain that the money is ready and waiting to be lodged. I don't know how this can be avoided in some cases?

Sending the OP best wishes, you must be devastated. I have no idea about the TRA / occupation situation and as Polly and Dorothy say, you must consult a good agent quickly.

camacazi Feb 13th 2008 3:47 pm

Re: 5 points for investment, i feel sick
 

Originally Posted by murwullambah (Post 5926191)
We were in the 5 points for capital investment situation and they have solved it ok, by refusing our visa, i feel pysically sick, we went by all the guidelines spent the thousands had the medicals and then got refused. We passed TRA but they are now saying the trade TRA passed us on differs from the job my OH does and that is it. So we spent all the time applying to the TRA to be sucsessfull, paid for the application, payed for medicals, sold our house and now this, i can not explain how sick i feel. Any advise would be welcome, it also says we have no right of appeal

sorry to hear ur bad news:curse:

JAJ Feb 13th 2008 10:36 pm

Re: 5 points for investment, i feel sick
 

Originally Posted by Fly Away (Post 5926748)
However, some people have to sell their house to pay the bond.


Some people arrange extra finance on the house to make the investment before the property is sold.

murwullambah Feb 13th 2008 11:17 pm

Re: 5 points for investment, i feel sick
 
We did not need to sell the house to raise the 100k but followed in good faith all guidelines put forward by DIAC and sold because we did not want to hang about when we (if) got the visa, what else could we do, TRA told us what our trade was now DIAC say otherwise. What is the point of having a government recognised body that is not listened to, all this is starting to make me ill. We have everything to offer this country two skilled people two healthy intelligent children and enough money to get started there with a very small mortgage, what more can we do.

JAJ Feb 14th 2008 12:12 am

Re: 5 points for investment, i feel sick
 

Originally Posted by murwullambah (Post 5929303)
We did not need to sell the house to raise the 100k but followed in good faith all guidelines put forward by DIAC and sold because we did not want to hang about when we (if) got the visa, what else could we do, TRA told us what our trade was now DIAC say otherwise. What is the point of having a government recognised body that is not listened to, all this is starting to make me ill. We have everything to offer this country two skilled people two healthy intelligent children and enough money to get started there with a very small mortgage, what more can we do.

You have no right of appeal to the Migration Review Tribunal, so your only option remaining is to contact a good agent (eg George Lombard) to review your case and see if there is any basis to ask DIAC to review it internally, or take legal action in the Federal Court if there is an error of law.

If you want to challenge this you have not got a moment to waste so contact George immediately. Be prepared to pay for professional assistance.


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