cristinamia

On 20/11/2018 at 16:24, Bellabonkers said:

OMG Cristinamia.

 

Seriously this is the best post ever. Thanks so much.

 

I will have to look at my own specific circumstances as you have advised because i was on a working holiday visa before i was employed and so my working rights changed to being able to work for an employer for longer than 3 consecutive months as soon as i applied for 186 visa so im probably in some grey area some where with what rules i fall under but my goodness you have given me some hope!

 

Thanks so much!!

Went on to check your answer and saw the change in your signature and a big smile appeared on my face!!!! CONGRATULATIONS!!!!  I am soooo happy for you! I am pretty sure you won't need to worry about your upcoming trip back to Europe  

15 hours ago, Bellabonkers said:

I can’t miss my brothers wedding and my best friends wedding- I’m 100% going back. There’s no question on that. 

 

Guess I should just hope they approve my visa- it will be 24 months by that point .... I mean surely they will open it soon! 

not that I'm an expert but I read a lot about it as I needed to do the same and didn't want to damage any progress so far.

I took 2 months off unpaid as I did not have enough holidays and because of family reasons I really needed to be back home. I made sure I took it in a period with low workload and made sure 2 people, with 2 different skills set covered my work and also made sure I was available remotely in case of emergency. 

Under the Migration Acts and Fair Work Act 2009 we are covered by the National Employment Standards.Leave without pay is additional to any other form of leave which an employee is entitled to take. It is usually granted only when an employee has used up all his/her entitlement to other forms of leave.The length and terms of leave without pay are subject to agreement between the employee and employer. 

Leave without pay (LWOP) is permitted whilst on a 457 visa for up to a year, where agreed to by the employer and documented, as long as you do not work for another employer during any period of LWOP. The genuine need for a position and consequently your position within the company cannot be questioned because you need to take unpaid leave for various circumstances.

Now, few tricky things to consider, you are generally protected from dismissal in case of sick/unpaid/long leave but not anymore in these cases: 

Quote

 

When an employee is away for longer than 3 months
An employee is no longer protected from being dismissed (even if they provide evidence) if:

• the total length of their absence due to illness or injury is more than 3 consecutive months, or a total of more than 3 months over a 12 month period
• over that period they’ve only taken unpaid leave, or they’ve taken a combination of paid and unpaid leave.

 

now the other tricky thing:

you are on bridging.. so you should read your entitlements for that visa. As far as I am aware they should be similar to the last valid visa you held before going into bridging.

Now ..up to you.

Hope this helps...

also correction... there is no requirement for the revenue to be above 1 mil unless your occupation has caveats ... my bad!

10 hours ago, Jay kim said:

Hi. Is there anyone who can read and understand our financial report if theres any negative numbers or strong enough with finance of my company  because its been 8mths since I lodged 186 trt Chef and I am little anxious about our financial situation. We spent 2 millions on renovation by building poki room in 2016 and since then we have some minus profit which makes me worried

I am working at small Rsl club in Sydney and I know financial stability is the most important part of nomination.

Thank you

 

Based on my knowledge the immigration department looks at the margin, and in your case is >1mil which would satisfy the requirements. I am not sure how they interpret the losses. In my opinion a company's loss at the end of the FY it is not a good indicator of how well the company is going and/or if it can afford paying salaries and other liabilities, but again I do not know how the department takes this into account. At the same time the ratio between current assets ( assets that can be converted to cash within 90 days or in the shortest time possible) and current liabilities is quite low ( meaning  your company might take a while to pay his short term debts) but again, this is something that an investor is generally looking at not the immigration department. All summed up these are pretty standard figures for a restaurant. Maybe they should go a bit easier on those entertainment expenses for now make sure these financials are reviewed by an accountant that can certify that based on the current results the company is able to afford sponsorship for the following years.. hope this helps...

3 minutes ago, Eddy101 said:

Would be good to check the spreadsheet 

https://docs.google.com/spreadsheets/d/1INy6sxuUIisgLOT7CcskWLjQjHV_6yVvUBRHceWE_a0/edit#gid=167448616

 

I know it by heart .. including the Nov 17 accountant who hasn't replied to the question in his comment update section ..so wondering if there are any silent accountants who have decided not to add their case on the spreadsheet.

Hello guys!

trying to ask again, any accountants waiting and since when? 

Goodluck to everybody! 

Hello all!

Any accountants from 2017 or early 2018 still waiting? 

1 hour ago, Hilo said:

Are the department people on strike? Or are they suffering from diarrhoea? 

Monday... Tuesday..... No news 

pretty sure they have a huge workload . Plus,  not every application they review is tracked on this forum.  Patience and goodluck 

Hey guys..did any of you take unpaid leave whilst waiting for the visa application results?

I am currently looking at taking 2 months off to visit home and spend more time with family and my manager agreed as long as it will be after year end, Currently, under my 457 I am entitled to 90 days of unpaid leave, but I just wanted to double check if anyone else has considered this and went for it or not. 

Thanks 

at least it not received anymore 

On 24/05/2018 at 12:41, W4V said:

When you see "Received"  Status for long time..

Battle of the immi memes Thursday:

When they blame us for clogged infrastructures and housing affordability 

Happy Thursday guys!

Keep Calm and carry on!

4 minutes ago, Sasaram said:

I am in same situation too. We are  registerd  as a small business in a country town. I am a only one  staff here. Company is in a loss in 2016   and 2017 as well. We are spending more money to expand the business than we making. The last 2 recent BAS arw not showing very good amount . So we haven't updated to the immigration.we are pretty  sure we have very good looking Bas that due in july but if they start looking the nomination  application before that ,what kinds of documents would be  helpful to  keep them update if anyone knows . Cheers

I would say: forecast, and to be certified by a certified independent accountant with corresponding letter from him, business plan- expansion plan and explanation why is your business spending more than it's making, evidence that, despite spending more than it's making , it can afford a foreigner on a PR for the following years, and solvency declaration by company director/s. That is what comes in my mind. Operating at a profit isn't always an indicator of how good a company is going.

@XxazHeh..I can tell you what I did which cannot guarantee your success and my case was related to a 457.

I was in a similar situation , my MA did a mess, got my nomination rejected, I fired him, asked advice here and there and kinda followed my instincts.

I filed in the case with the ATT and at the same time I reapplied for a new nomination and asked the department to attach my visa application to the new nomination. I got the approval in 2 months and withdrew the ATT application.

I am so sorry for your refusal. I know how hard it is but there are ways to work around it!!! Good luck with everything!

2 hours ago, Xxaz said:

Hey guys anyone on 186 nomination refusal due to financial loss? Facing decision if I should withdraw or apply for the aat? Need to make decision before my 21 days run out :(

is anyone has gone to att for this similar refusal? 

 

Hi.. my company is showing loss for 2 years as well but explainable and we showed 2-3 years forecast demonstrating recovery and revenue increase + tax accountant letter supporting the growth. I have not received any answer yet from them but I am hopeful. You could reapply for the nomination and add additional documents showing that despite the loss the company is operative and solvent. Many companies ( especially the ones part of groups under same shareholder) operate at a loss for tax reasons.

I did apply in the past to ATT because my 457 nomination was refused, but then I withdrew the application as I have resubmitted the nomination with further documents.

22 minutes ago, pzuk said:

Absolutely fuming!!!!!!!!!! 9-12 months increased to 11-16?! 16?! That's madness!

Hey guys! have a read and smile uncomfortably...scream if you need!

http://www.iscah.com/wp_files/wp-content/uploads/2018/05/Migrationprogram2018.pdf

Congrats to all that got it ... and to the rest.. RESIST! And may the odds be ever in your favour!!! 

 

1 hour ago, Ocean said:

Hi guys, another silent reader here.

Finally I got my granted on last Friday late night, it's huge relief cause I been waiting for this for more than 11 months, with anxious and frustrating.

This forum has already been my mental support, I really want to thank you for sharing your experience, this helps me a lot, and also I do believe you guys will get your good news soon. 

 

Timeline:

Occupation: Accountant 

Nomination and Visa applied same day : 23 Jun 2017 

Nomination approved 12 Apr 2018 

TRT

Country : HR

Applicants : 3

Processing Team : WA Pese

Only request new born baby's info on 12 Apr 2018. 

I am so happy for you ACCOUNTANT!!!!! Congrats!!!... I'll quietly and full of hope wait for mine 

17 minutes ago, W4V said:

Hello guys i have question about "TRAINING BENCHMARK - 1%",

1) Does "Training Benchmark" should be in financial year (July to June)  or calendar year (Jan to Dec) ? and

2) Does 1% Payroll including wages and superannuation or just wages?

your responses are appreciated.

They consider FULL Financial Years and full years your company was a Standard business sponsor. 

7 minutes ago, W4V said:

Hello Guys,

i'm a bit confused with new rules, much appreciated if you guys can help me out

Occupaton: Taxation Accountant - 221113

457 approved date: 18/11/2015

186 visa nomination lodged: 9/2/2018

186 visa (ALL) documents submitted : 8/3/2018

Application submitted by : Self ( i did not go through migration agent)

so will the new rules will apply to me ? including caveats??

your help is much appreciated in advance.

caveats apply only for April 2017 and on  457 applicants as far as I remember correctly.

3 minutes ago, KD31 said:

Please share your timeline
Thanks

i'm new ..applied on the 26th Feb 18. It moved from 6 to 8 to 11 fast tho.

17 minutes ago, Ahmed2 said:

Every month time frame increase.i don't know what's their problem.they have no correct time frame

 https://startsat60.com/news/politics/australian-voters-support-duttons-push-to-reduce-migrant-intake

1 hour ago, pnm59 said:

same

unbelievable

yeah mine moved to 11-12 as well... 

15 hours ago, jsb said:

I do have superannuation statement and even in company b/s but problem is my accountant showed 0 net profit and transferred net profit in director salary  that’s why

Ok so now I do not understand the issue.. if you have the super statement, what other evidence you need? 

9 minutes ago, jsb said:

Hello everyone 

I applied for 186 visa in last year . My file allocated to CO and he asked me for superannuation evidence and when I checked my P & L account then my accountant hasn’t show superannuation in company financial. So I am worried what I can do now . My employer paid everything . 

Plz help me to find solution ??????

Hey there.. superannuation must be a standalone line in your p&l you must go back to your accountant. Also every system has create superannuation report. Another alternative would be to contact your super fund and ask them to give you a statement.