ring3018

On 15/11/2019 at 16:54, mark23 said:

I think your visa will not be approved until you leave and go offshore. If you are holding the same passport for your application and you are in the county already. 

For example if you have a French and Italian passport and you applied offshore on you French passport for your 187 Chef visa and you are in Australia with your Italian passport then your visa can still be granted. But if you have only one passport and you in Australia already but your application is offshore your visa won't be processed until you leave.

This is my understanding, (through a friend who has Italian and Brazilian passports) if anyone finds this explanation wrong please don't get hyper about it, just present your explanation. 

Nah, with RSMS you can be approved no matter when you're onshore or offshore. 

Some specific visa requires you to be onshore to be granted for example 485 visa.

6 hours ago, Jayjay16 said:

Just want to update you guys. My hearing is over, and the judge asked my employer to sent her statement show training benchmarks was sent from the company account and she want us to sign the contract again for the next 2 years and send it to her by Wednesday. I don’t know what to expect but sound like its will be ok

Congrats, seems good to me. Did they ask anything about financial as well and how long does the hearing last?

3 hours ago, Jayjay16 said:

I applied 10/2017 and having hearing for my nomination tomorrow. Wish me luck!!!

Good luck !!! Keep in touch about the result !

On 01/11/2019 at 23:56, Cippalippa said:

Look who just got a visa grant to day!!!

Wooohooo! Words cannot describe my state of happiness right now!

Congratulations  

4 hours ago, Sahib123 said:

Hi I have applied in June 2017

opened in July 2019

they asked for docs then submitted on 8 aug

then called for hearing on 9oct

then ask for more documents on hearing 

submitted docs on 23 oct

now waiting for decision

Hi Sahib,

What's your occupation? Reason for refusal and documents they request please?

7 hours ago, Shab said:

Hi guys

Does any one applied recently in federal court, Any one knows what is the processing time in Federal court for Rsms nomination.

Hi Shab,

i remember you have AAT too, may you please share the experience? Do you work for your employer now?

Just now, Cippalippa said:

I am starting to think that my partner’s professional situation is holding the immigration from approving our visas. He is self-employed and he earns a part-time wage. He hasn’t lodged his tax return yet for the past financial year. Do you guys think that this could affect the department decision as we haven’t heard anything since we uploaded the documents they requested (s56) on September 23rd?

I don't think your partner will be a problem. You are the main applicant anyway, don't think too much. Their processing time is a joke, god knows what and why they want to hold the file back.

5 hours ago, MNT said:

Hi Dear All.... 

just wanted to cross check with Recent PR holders if you guys have received a letter frm DOHA via post after few months of your visa grant.. 

 

NOTE:- LETTER ATTACHED

It looks legit to me.

Especially the website page they want you to take a survey for. When I look for it, it is https://www.homeaffairs.gov.au/research-and-statistics/research/live/survey-recent-migrants-australia

It is definitely a legit page

You can choose to do or not to do it.

Just now, Jayjay16 said:

You got the hearing date yet? Or they haven’t open your case yet?

Nope, just applied AAT at 4/2019 and still waiting, feel like forever. How long has you wait for a respond from AAT?

My agent advised me to keep working for the employer.

16 minutes ago, Jayjay16 said:

Chef, refused reason: financial 

same, although we've worked there for the last 3 years, no more requested documents

11 hours ago, tatamaru said:

Finished my AAT hearing on 10/10, that was the worst experience I’ve ever had in my life. The member didn’t even question anything about the refusal reason listed by the immigration, instead, he was questioning the business itself the whole time and based on his unprofessional accounting knowledge, he was arguing about the superannuation calculation method on our financial report  made by our professional accountant. We realised he was wrong after the hearing but during the hearing he wouldn’t let us to prove there is no problem on the financial report by contact the accountant. Now this reason ended up being the reason AAT refused my visa.

I'm so sorry for your outcome. What's your refusal reason? It's weird to based on the superannuation method and refuse the nomination based on that as well. And you have to go for the hearing face to face, not calling? 

3 hours ago, Jayjay16 said:

After we submitted docs for the first request, nearly 1 month later they sent an invite for the hearing(15/11) , then few days ago they requested more docs again. We going to submit tomorrow and see what will happen next.

I think they may think that it's not enough documents to prove the favour on your side, but with the second one they may rethink about not going for a hearing at all. Good luck!!! So what they request is basically about financial? 

1 hour ago, Jayjay16 said:

 

May I ask what’s your reason and the documents they asked for?

1 hour ago, Cippalippa said:

 

Still waiting. My lawyer said it can take about 3/4 weeks from when submitting the requested documents.

 

Just wait for your moment, at least the hardest period is over. Applied for AAT on 4/2019, I think I will wait until 2021

On 08/07/2019 at 15:59, Cippalippa said:

I have found out what documents were requested by AAT. You can find them listed below with my lawyer’s notes:

1. An ASIC Current and Historical Extract for .


What is required is the actual extract from the ASIC records and not merely a summary of the current information relating to directors and shareholders.

2. Registration of Business Name for .

This is the registration of the business name which appears on the ASIC Register.

3. Signed Financial Statements for the year ending July 2017. Please advise when the financials for June 2019 are likely to be completed.

The AAT has not asked for the 2019 Financials, but they should be provided when available.

4. Business Activity Statements lodged for all four quarters of the 2017, 2018 and 2019 financial years.

The AAT has only requested Business Activity Statements for the financial years ending June 2017 and June 2018, but in view of the fact that we need to demonstrate that the business is ongoing and has the financial capacity to pay the nominated salary, I recommend that you provide BAS statements for the 2019 financial year as well.

5. Information about the roles and duties of the nominated position. I am currently working on this, based on the information provided to me.

6. Is the attached employment contract including the job description a copy of the employee’ current contract. If not then can you please provide a copy of the new contract or notifications of any variations to the contract including salary increases.

The AAT assesses the application at the time of the review and if any circumstances have changed relating to the nominee’s contract including their duties, then the AAT needs to be updated. My question here is whether the contract and job description has been varied in any way, including any salary increases, and if so then copies of those documents should be provided. I have been provided with copies of employee’s payslips which reflect an increase, but if there was any notification in writing to advise of that increase, then a copy should be provided. Similarly, if there have been any variations to her terms and conditions of employment and job description, and if those variations have been recorded in writing, then copies should be provided. If there has been a change to her job description, which has not previously been recorded in writing, then details of the current job description should be provided.

7. The genuine need to employ the nominated person will be addressed in conjunction with the response to point number 5.
 

Hi

May I ask beside this list, do you provide anything else? Thank you so much

2 hours ago, Cippalippa said:

 

Turnover is 450k per year. The positive thing was that the turnover kept increasing every year since I became the manager. I am still working there.

 

Congratulations, I'm dying to hear your news back from 2017 til now!!! You give me hope, do you have to attend any hearings or just provide the list of documents that you provided before in your old post??? 

On 04/07/2019 at 20:25, Emily-1987 said:

Hi all! Does any one know once the AAT has ‘set aside’ immigrations decision does that mean immiragtion pretty have to grant you the visa? (If police clearances and medicals ok) our appeal has been set aside which is great news but I’m still not celebrating until we get the visa in black and white! Thanks

Congratulationsss Emily. I'm glad to hear that, did you have to attend any hearings?? Can you email me or send a message please?

2 hours ago, HARP said:

Do you have any idea which bridging visa I will get within my apeal as at the moment I hold working visa 485. 

If you're holding and substantive visa 485 and not on bridging visa. I advise you to apply RSMS again if you are eligible instead of going on AAT. 

46 minutes ago, Mic1982 said:

Hi all, 

I am from SA

I was informed by my agent that my 187 application has been refused.  I have decided to Appeal as my agent told me the I have a 80 percent chance to get it approve after the appeal. 

 But I am a bit confused on the fees  that he had told me.

 I need to pay 2 x appeal fees and

2 x 1000 dollars go to a Marion council (not sure if I heard it wrong) 

Why do I need to pay 2 times of the appealing fees? 

Hope someone can answer me. 

Thanks in advance. 

 

Mic

I paid for two appeals, one nomination and one visa cost you $17xx each, total $3600 or something for the appeal

Not sure about the Marion council?

Why do you get refuse may I ask?

3 hours ago, arm said:

Hi All,

Subclass 187

My AAT file will open in the next few weeks after a long wait. I was rejected as "No Genuine Need for Retail Manager". Can you please advise what documents i will need to submit at AAT?

Thanks

Hi, did the AAT request you anything already? How long did you wait for AAT nomination? Pls answer, thanks

21 hours ago, Kuljit said:

Na mate everything is paid all financial documents up to date , CO just compared last year’s  turnover with previous 4 year’s turnover and said there is fall from turnover from 3 million to 1.8 million in last 4 yrs. 

but it’s everywhere when business is new it’s make lots money then it starts  going down with respect to years of operating . And obviously the operating costs will be less as well if the turnover is less. No reason to give Bulshit decision . 

Worst excuse ever. They can say anything just to close file. 

Are you a restaurant manager? I got refused for the exact same reason, he compared with previous year and assume that the restaurant in the future can't pay for the next 2 years while this is the third year I got paid, provided all the payslips.

On 19/06/2019 at 22:12, truongtien1993 said:

 

Hi all, I'm new to this forum.

I have recently been sponsored by a large Hospitality group as a cook under RSMS visa. The group has over 330 restaurants, pubs and taverns across Australia. I'm working in one of their taverns in regional area. My question is, when DOHA accesses the business financial statements, do they look at the whole overall turn over of the company group or just the tavern where I'm working at itself? Thank you.

If you're sponsored by a large group you don't have too worry that much, you will get your visa soon. My friend got sponsored by a large hos group as well she got it in 12 months, Cook.

3 hours ago, Xoxo86 said:

Hi Does anyone know if I can lodge another new visa while I'm on appealing RSMS refusal?

 

If you're offshore, yes

21 hours ago, Emily-1987 said:

Hi, we were finally asked to provide more information on our case after waiting for 22 months, and have submitted all the documents they asked for. (187 visa Carpenter - WA). Does anyone have any idea how long it takes for the AAT to come back with the decision or hearing date now we’ve done this? Thanks

May i ask what did they ask for specifically? Thanks

22 hours ago, Banny said:

Hi guys, my AAT approved nomination last month on1th May and remitted my visa application same day to immigration. Then immigration approved my nomination 8th May and asked documents for visa like AFP, medical, my wife functional English . I provided same day and paid for my wife 2nd vac for English. Still after that no any response. Can anybody same situation and let me know any ideas, how long more. It’s long time, applied 186 TRT March 2017 and refused March 2018 the AAT !!!!!!

Hey Banny can you pls share your AAT experience please? How long did you wait and what did you provide for them? 

56 minutes ago, hushi19 said:

Hey guys, my colleagues and I got visa granted early march. Today we found out our workplace has sold to another company. We were asked to apply for the positions with that company, but already know they are fully staffed and don't need more people. Are we ok to look for a job somewhere else, while staying in the area with same postcode? We will apply anyways just be safe. Our lawyer advised us to take whatever we can find within that company, but personally I can't support myself or my family just with casual work.

 

Thank you guys hopefully you can help me

It is not your fault and it's the company's fault. However, stay in the regional place and look for work just to be sure, keep the email/answer from the company said that they don't want you anymore.