MilaMocha

Usually is finalized within 28 days from the last update.

1. Yes it is more than important to work full-time as that’s the whole point with the Sponroships. The sponsor needs to prove they need you (and can pay you) full-time. 2. Uploading information should be done according to the processing time. As 187 has relatively long processing time uploading the latest quarterly financial statement of the business and your payslips every 3 months seems sufficient. Some do it every 6 but you never know when they will open your file so it’s best to have most at any given time. Cheers

Usually is finalised within 28 days but if not, the case gets moved to another CO who has another 28 days to resolve it. It can take any amount but from what I've been seeing online the majority falls in the 2 months period. Congrats on the nom!

That is bad news sorry to hear. Did they give you any further explanation? Will you go to the AAT? And which state please?

Congrats! What visa type please?

Exactly.

You will remain on a bdiging visa until the hearing.

Do what your Agent is asking you.

When did you apply for the RCB? It usually gets approved within 4 weeks.

Your PTE result was uploaded when the application was initially submitted right? As this is ‘at time of applying’ requirement. Which means your CO has already seen it and demands a new one which you will have to submit within 28 days. If this is the case I suggest you retake it asap. PS. I know Immi accepts IELTS up to 3 years but not sure about PTE. Should be the same but it’s confusing then why would he demand it again.

I really know nothing about the position Sous Chef so you better check the requirements online (for the position). If you get VetAssessed (like Restaurant Managers can) I believe this could help you heaps. Find out what the assessing body is and their requirements. If this can be done then yes, you can officially be a Sous Chef and this will benefit your case. You then won't have to change or compare your pay with other employees. BUT if you cannot be qualified and recognised (officially, in line with the standards for your state) then your contract and visa/nomination application have to list the position that you actually can be recognised as, for example Cook or Chef. Then your pay has to be the same as other Cooks or Chefs in your business. Hope this helps!

Firstly, it's best that both the contract and the Visa/Nomination application state the same position, in your case Sous Chef. You can sign a new contract with updated position (if you have the qualification, VetAssess, experience). If you are the only Sous Chef in the restaurant then you don't have to compare your pay with other employees' pay. Only if there's another Sous Chef (local, Australian), then you cannot have a higher salary than him. Both contracts (including duties, responsibilities and salary) have to be the same (or almost the same) - to show to Immi fair and equal treatment is applied. Along with the "new" contract, your MA should as well upload a letter to explain this (like a reason why you're uploading a new document now). It's best to also upload the contract of another Sous Chef (if there's one) to prove equal rights and pay.

I know for the RCB it says 'Financial statement' OR 'Letter of accountant' but in our case they demanded both. Not sure about the nomination though.

That should have been enough. The Accountant letter is mostly used of the RCB application. Once the RCB is approved you only need to update Immi with financial statements. What made you think his nomination was refused because no Accountant letter was submitted?

Did he have the RCB approved?

Hi Viv Did the Agent mention going to the AAT? The waiting time is 1-2 years and gives plenty of time to build a strong case. This is, of course, if you believe the business will be profitable and can show this through financial statements. Your husband could also sign a new agreement with updated salary, if this was an issue. Also, if they made the decision in 2018 they should have checked the 2017 and Jan-March 2018 financial reports. Your agent should have been uploading financial reports every 3 months to show the profitability, along with your husband’s payslips. A single report from 2016 is simply not good enough, it’s old information and doesn’t contribute to your case. Seems like not being updated regularly is what Immi used as a reason to refuse. If you consider the ATT you might as well consider changing the Agent too. Best of luck.

You should hear back within 28 days from the day of submission (Mar 6). If not, it means your case has been forwarded to anothe CO and gets another 28 days to be resolved. Good luck!

Same with mine.

Just like that? No re-check on the business and position? Immi never found out about the business being closed? Or there were special circumstances (if such exist for DE)?

187 DE?

If I'm sure? This is the reason why lately over 50% of applications have been rejected without more documentation being requested. Fake job positions, fake companies. It's such "applicants" and "business" that make it difficult for the genuine workers, so yes I'm sure. Doesn't matter if a company name exists. It takes 5 minutes for anyone to register an ABN and bang! there's your 'company'. You didn't say which visa so I will guess 187. If this is the case you need a full-time job at a business that's able to justify the need of overseas worker, show financial statements (BAS if operating less than 12 months) and be profitable. Regardless of what you've submitted at the take of application they will run another check when the file is open (with ATO for example) and request recent financials from the business. They could also come over to see the place and you. Shameful really.

Zero.

AAT is the only option if your visa was refused. Will give you 1-2 years (waiting time) and if you can make your case strong you can win.

Yes, has to be full-time, as per your contract. Unless you and your employer mutually agree that part-time is fine, then you’re safe (they won’t report you). But if the employer needs you full-time, that’s what you must do.

could you please type down the reason exactly as written in the refusal letter so we can understand better? thanks