DML

So, it would seem that I was naive to think that a 186 application via a labour agreement (in this case NSW Health) with my wife as primary applicant would be straightforward.

NSW Health submitted our nomination on 10th June, we put in all our documents (incl medicals and police checks etc) by the end of June. The current labour agreement with NSW Health expired on 28th October.

Whilst other colleagues of my wifes (most of whom were nominated after she was) were granted their PR, we heard nothing. Phone calls to the DIBP helpline lead to us being informed that "all is in order", "just be patient" and even that we'd been allocated a case officer in mid October. Still no progress.

Finally, we managed to persuade someone in NSW Health to enquire what's happening and get a forwarded email back from a manager at DIBP telling us that by the time they got round to looking at my wife's application, the current labour agreement had expired and now we have to wait until a new one has been signed off.

We're really upset and rather confused by this. Surely your application should go by the date your nomination is submitted, not the time it takes DIBP to get around to looking at it? Otherwise, it seems your fate is completely at the mercy of the efficiency (or otherwise) of the DIBP which seems a very unfair way to do it. In our case we submitted over 4 months ahead of time and yet this wasn't good enough. To make matters worse (not of course that we decry them their PR), others who were nominated and submitted later than us get approved.

Not sure where to go with this now. We're told the next agreement should be signed off "sometime after the end of February 2015" and then our application should be looked at again. OK, maybe not that long to wait, but it certainly adds to our feelings of uncertainty. For another thing, we did our medicals/PCs in May 2014 so these may not be valid anymore.

The NSW Health person involved doesn't seem interested in our situation sadly which seems surprising as the local Director of Nursing is desperate to retain staff with experience. I would like to write to the manager who emailed asking for clarification but my wife is worried that this would jeopardise our application going forwards.

Would appreciate any advice. Should I write? Would engaging a MA be of use or do we just have to suck it up and wait again? The money is not really the issue (although we shelled out over $8000 in total way back in June). Lord knows how many hours we have wasted waiting for someone to answer the enquiries number. You really wish some of these people experienced the process for themselves and then they might, just might, start to appreciate how it feels for applicants and their families looking for security and stability whilst prepared to commit to working in remote and rural Australia long term.

Sorry for the rant but just now the unfair way we feel we've been treated is making us seriously reconsider our future direction.

Bermudashorts

In terms of the delay, it just sounds like you have been very unlucky. It sounds like you are that person whose application just fell off the pile, got missed, overlooked etc. Not your fault and certainly very frustrating. Any reason you did not do the 189 application? Unless there is a reason you did not qualify, say short of points, it would have probably made more sense.

I just thought I would comment on the point you make about time of application and how they should consider this not current date. Well I can only say that they are being consistent with all the other 186 applications. If somebody gets a nomination approved in June and puts in their application, but then the company goes bankrupt two months later before the visa is granted, they could not expect to get the visa approved. And I know this is a different scenario, I am just explaining why time of decision can have more relevance than time of application (in some aspects).

Anyway what to do now. Well if you want to stay but cannot bear to wait until February then how about the 189, no employer or job to rely upon and you are more in control of your own destiny. Otherwise, it is not so long until February, you could sit tight. As to the third option of leaving, well you may think it is a "sign" and want to consider it, but I would not make any rash decisions and would hope that you will only weigh that one up in the cold light of day when you are feeling less aggrieved.

DML

Well yes you could call it unlucky. But IMO such an important process with so much hanging on it should not come down to "the luck of the draw". I appreciate the scenario you describe but they're not comparable really. Our situation has come about purely and simply because of inefficiencies in the DIBP which are beyond our control. If you put in an application for a 189 for example just before your age changes, its your age at the time of application not when they get round to processing that counts. If a particular set of visa rules changes after a set date, then as long as you've applied before this date then "you're in" so it should be the same here surely?

Notwithstanding all this, we were told in mid October by phone that we had been allocated to a case officer - this is before the date the agreement ended.

We can't apply for 189s due to our age sadly - but with age comes much experience. At the moment we are seriously thinking of taking that experience back to the UK although I admit we are feeling very sore at the moment. But we also feel very vulnerable at present. Even if a new labour agreement is signed off in Feb there is every chance that once again we will have the oft quoted 6-8 month timescale applied again and then who knows what may happen. No one can say if we'll need to do PCs, medicals etc etc again.

Bermudashorts

As I tried to explain, some things are considered at the time of decision and some thing are considered at the time of application. Age is condidered at the time of application for example.

But someone could meet all the requirements for say a partner visa at the time of application, but if they are no longer a couple at time of decision then they won't get a visa.

With a 186, per my earlier example, if the employment situation changes before grant then that also would mean no visa. Again as I said, I know your situation is different to say a redundancy, but it looks comparable to me. You were being sponsored on a labour agreement, but that is no longer in place, I can't see how they can process the visa now.

And I certainly wasn't suggesting that it does, should, or I think it should, come down to "luck of the draw". Apologies if it came across that way, I just thought it genuinely was terrible bad luck for you and that is the only word I could come up with.

DML

Would be slightly less painful if you knew that this could happen at the time of application and if the nice people on the enquiries line were able to give up to date, honest and truthful information. You don't get much for your $7.5K do you?!

old.sparkles

At the end of the day your situation hasn't changed much from when you applied - you still have a valid visa to remain in Australia.

I understand waiting is painful, but you still have a valid visa, and rather than refuse the current application, DIBP are waiting for the new labour agreement. If you had waited until you had completed 2 years for the transition route you would still be on your 457 until June next year so hopefully it will be sorted before then.

DML

Fair enough but there isn't much security being on a 457 especially when you're nearing 50 and aware that unexpected things can happen (healthwise especially). We were hoping that we could have made the commitment to (rural) Australia sooner on this 186 which would have then allowed us to sort out our UK finances, pensions, properties etc. Now all that is on hold and potentially we're going to have to shell out another pot of money for new medicals etc. You're almost certainly correct that we just have to wait a bit longer (but the timescale on this is an unknown entity once again)

rammygirl

If rural wouldn't a 187 be quicker?