lnicolson

1 hour ago, WelderGuy5 said:

Even if u complain there will be standard reply. Department is only processing priority list applications.

That’s fine. At least it will be on file and then I can complain again. 
Going from this site and applications being approved there are many which are not priority applications. 
I’m rural and if trying to actually keep the people that are rural in work and stay in work then I’d imagine turning over visas would be a priority. 

2 hours ago, mt9754 said:

Worth waiting for agents but from what I have read you need a travel exemption approved and attached in order for any visa application to be processed (until the borders reopen).  Or are you onshore?

I’m onshore. In the same job for 8 years. 

So I’ve been on AAT for two years. The decision was overturned business nomination was approved in may. I’m still waiting for the PR side to be approved. 

Now I do realise that with covid restrictions in NSW that’s offices may not be processing, however global processing is happening for other visas. 
 

my question for agents is , are offices in parramatta in Sydney still processing visas?  My agent told me due to the restrictions that they wouldn’t be and I wouldn’t have any answer until after restrictions. Her best advice to me “ What to do?  Encourage everyone you know to get vaccinated!” This was in response to me asking. To file a complaint on file. They have everything for me, it’s literally needs the file to be approved .

i have lost all faith in this agent to be honest. If her response is correct then I’ll bide my time but would like a clear answer other than telling me to spread the word on vaccines

My agent has come back with the “cost agreement” for when AAT happens. The cost seems quite high at $4.5k, how much have others been quoted? 

My agent told me today that AAT are working on jan feb 2018 and with the result of businesses closing and/or sponsorships no longer needed those cases will be withdrawn which will speed up the process.

i applied September 2018 so she said I should expect to hear something in 3-6 months 

Lodged 186 AAT for the same role in September 2018, not heard a word. Looking more likely it’ll be close to the 24 month timeline 

5 hours ago, MoolaMantra said:

hi guys anyone waiting to hear from AAT for a 186 DE nomination refusal? we got it refused in august 2018, lodged everything with AAT in September 2018, still haven't heard anything....

and now with the Covid 19 issues we are even more stressful!

Thanks!

Still waiting! Been told that AAT workers are working from home and appeals have been put in hold until after Covid. Only special cases being dealt with at the moment. 

Just so people are aware, I received  this from my agent today. I wouldn’t have any hope in hearing anything soon. 
 

7 hours ago, Micgeo said:

Under which grounds your pr had been refused?

Training benchmark failed on one year. 

Interested to see if anyone has information on this. 

I’m on appeal for PR application and currently still employed but would like to know if COVID has an adverse effect on the business will AAT hold this against us? 
 

also, I have contacted my agent asking this but this forum and the agents here tend to be quicker as replies than her 

Anyone had any Christmas miracles and get a hearing date?!

Hey jimmy, what was your refusal reason? wait times are currently up to 2 years. ive been waiting 14 months so far

Afternoon 

currently on appeal (16 months so far) for failing to reach training benchmarks in one year of the sponsorship. 
 

has anyone had any success at appeal with this issue? 

Our agent believes we have a good case based on the location (rural) we are in as it is hard for us to get employees whether that be Australian or not and for them to commit to long term employment to do training with. 
also the recent changes in the training levy and the new announcement of the regional visa should help us. 

Just thought I’d add my timeline in

457 June 2014 (already worked during WHV with company) 

PR lodged July 2017

documents requested August 2018

refusal September 2018 

appeal submitted September 2018

reason for refusal - training benchmark not met. Despite agent assuring us everything was correct. Then advised that “ the process of splitting the training amount of the years of sponsorship apparently doesn’t happen anymore. They must have changed it and it has to be specific for each year” that’s from my agent!! Someone I’m paying to know what’s happening. 
 
we are in a bit of a catch 22 with training. Owners don’t count for training. We don’t have Australians in the business (rural and rely on backpackers). If we had a full time Australian, we wouldn’t need a 457 but we don’t so we need a 457. Mind boggles!

hope everyone isn’t stressing too much. Can’t do anything until the hearing date arrives

2 hours ago, Jai12 said:

So what your lawyer said now. Any hope to win in aat. 

Very positive in taking it to the AAT. 

 We are rural WA and a small full time working team so it’s extremely difficult for us to leave to do training, what with staffing and owners having children. The lack of interest in the job positions when advertised frim Australians didn’t help us with meeting the training requirements. Our staff are very transient and generally backpackers. 

My agent advised this today....

“The Administrative Appeals Tribunal is able to take into account extraneous issues, such as isolation, the lack of Australian staff and the lack of opportunity for training.” 

30 minutes ago, Hell’sKitcheN said:

Hi mate,sorry for the bad news.According to agent,did you pay all the training fee in once?I have been told that the training fee must paid yearly,that is the requirement you need to comply otherwise your nomination could be refused,but of course,it depends on the co. 

We paid our training fees yearly. The problem was a shortage in one year. We don’t have any full time Australians working for us and the owners, both Australian citizens don’t count for training any longer like the previously did which is where we fell short as the discounted some of the training from them. 

11 minutes ago, W4V said:

hey mate, can you please give more information on training requirements not being met. what could have gone wrong ??

This is from my agent this morning. 

5.       Reason for refusal:  Did not meet the Training Benchmark B requirement for one of the years

The Training Benchmark rules have changed over recent years, and what was once acceptable (average the years of the approved SBS) now appears no longer to be acceptable.  You can no longer ‘turn back the clock’ and make up the difference.  This lack of flexibility is causing a great deal of angst for many employers  with files still pending.  Our clients have always been able to ‘make up the difference’ in previous years.

Visa refused

training not met. 

Appeal has been submitted 

2 year WHV (9 months with current employer) 

4 years 457 (same employer) 

Application submitted 27/11/17

further documents requested 16/7/18

visa refused 14/8/18 

training requirments not met.

appeal already in process. Agent believes we have a very good case for appeal due to extenuating circumstances. 

If you’re training isn’t 100% correct, don’t submit it. They are really taking a hard line on training this year. Our accounts showed all the training. Receipts were also issued. Training we were told counted, went against us which was a considerable amount for 2 years. 

If you are doing this by yourself I highly recommend seeing an agent in regards to the training. 

Sh!t day yesterday but nothing else I can do. It’s up to an appeal now. 

Good of luck everyone else! 

3 hours ago, SR012 said:

Any update on ur file mate ??

Still waiting 

11 hours ago, Sukhi said:

Hi any one got pr in Perth in this year  please share  bcz my agent said to me no file open from last 2 years I am hopeless now my 14 month complete no news yet 

My file got opened a few days ago so there goes your agents theory. 

I applied for my approved manager before I went on my 457 as it was a requirement from my MA 

If you are managing an establishment with the sale and consumption of alcohol and the liceneee is not in the premises working while you are, YOU need an approved managers 

if you are applying for a manager PR then I would recommend you get it now as immigration will want to know that you have a licence to work there 

You need to have an Approved Managers Card to work in a licensed premises without the licensee needing to be working. 

If you are selling alcohol you need an RSA and Approved Managers to be able to work alone. 

You will be refused without it as this licence is needed where alcohol is being served or sold

Anyone who has applied for hotel/motel/bar/restaurant manager had to provide evidence of the licence you have to manage the premises? Ie, approved managers when alcohol is being served/sold. 

Was your approved manager enough evidence? 

Or did you have to provide anything from RGL to state that you had the appropriate licence to operate? 

File opened today and asked for further information. Approved managers licence. Submitted 27/11 so 7:5months to this stage