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hakan34

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Posts posted by hakan34

  1. 23 hours ago, DannyV said:

    Hey guys……

    I am pleased to announce that i got my golden email from Home Affair yesterday aftter 5 years. Below is my timeline

    06/2017: visa and nomination lodged 187 DE for Cafe/Restaurant Manager in WA

    01/2019: nomination refused with bloody reason: the business didnt have genuine reason to hire full time manager and then visa application refused.

    02/2019: AAT review submitted.

    02/2022: AAT requested to provide supporting document

    06/2022: AAT set aside re Nomination, visa application remitted to Home Affair. 
    2 days later: S56 from Home Affair to provide police clearance and health check

    07/2022: police clearances submitted. Health assessment completed

    08/08/2022: visa grant……

    It was such a lengthy and stressful period that it affected to my mental health and almost gave up end of the day for many reasons as many here might be in the similar situation: family, covid pandemic, the ridiculous reason that Home Affair refused our case and so on. 
     

    However, every cloud has silver ligning. I did have countless support from family, local community and you guys here who had given hopes and empathy. I am thankful for those who have shared their cases and advice. 
     

    Below is some tips from me:

    - If you are still waiting so your case will be opened by AAT, please follow the statistics from their website which for me gives you the estimated waiting time. You might also check the updates from people here with their timeline. I believe it is helpful to give you an idea where your case is. Therefore it does get yourself well-prepared, saying police clearances, passport (if that expired or about to). For example in November 2021, i had kept following this forum and AAT website and acknowledged that i might have to wait roundabout 30 something months. Considering during the pandemic everything does take time, in January i did apply for passport renewal ( as it would be expired soon) and police clearances both AFP clearance and oversea one. I also asked the accountant of our business to get our financial records updated such as BAS, income tax returns, payroll reports… i mean as much as possible with regard to the operation of our business. If you follow this website, you definitely can have some ideas what sort of documents that AAT might require base on the refusal. In my case, they asked: Business registration and history from ASIC, updated Quarterly BAS for September, December quarters, financial reports for 2020 and 2021, organisational structure, my job description/duties, updated employment contract, the prove of regional body certicate, prove of job advertising back in 2017 when i applied to job and 2 more minor things. When we received this letter from AAT to request documents, we had already got almost everything!!!!

    - Health check appointment does take time. When we received the S56 for health check, we tried to book the appointment but it took us 1 month. Not many appointments were available and again Covid sucks! With this point, i mean that you might try to save your health check appointment as soon as you could. I wasnt sure if you could do the health assessment before S56 sent out considering It is valid 12 months. Again, i am unsure. 
     

    - immi account: This is highly recommended. As visa applicant, we can create our immi account eventhough our visa application is lodged by agent. You then can import the application and track it. From there you can see the status, updates, messages and attachments. You can also see what documents you or the agent has uploaded. At this point, after the health check cleared, what we found was my partner’s oversea police clearance was missing which we thought it should’ve been in before ( as we provided everything when s56 was issued). I then contacted to my agent and he did attached it again, so not sure if he forgot or due to some technical issues. Anyway my point is immi account gave me the access to see how my case was and check if the requested documents have been submitted.

    - last but not least, as many say, live your life, stay positive. I know said is easier than done especially for us who (used to) desperately wait for our golden day. You still have your family, your work colleagues, your community who are always with you. If you find it difficult to express your feelings while you hopelessly wait, then reach out councillors, specialists. I am sure they are willing to help you out. 
     

    I guess that’s all…. I am glad i knew this forum and incredibly thankful for the people who keep this topic live. I do wish you all the best and surely i wish to see your posts telling the rest of this forum your good news.

    God Bless!

     

    Hey mate, i congratulate you did such an amazing job! Your words are so touchy when i was reading it i felt your pain and all the hard times you had as i also have been in the same boat. I also applied dec 2017 as cafe manager and refused in 2019 same reason that i wasn't a manager just an assistant which im legit! i was so pissed off and so angry all those years and hard work. Anyway Im happy for you , now enjoy your life and relax 🙂  

     

  2. Hi,

    Im new to here. I have a question about 187 RSMS. Sorry it may look a bit complicated situation i hope i write it clearly. 

    Nomination and visa applied in 2017 

    RCB approved in couple months after

    Occupation Cafe manager 

    Nomination refused in june 2019 with the reason of supervising not a manager

    Visa refused with the reason of nomination refused and the application made by applicant 

    AAT applied 2019 for both and still waiting.

     

    I was devastated by the news when i got it as I work at a quiet busy cafe more than 3 years with all my energy even during the covid 19 i kept it open for takeaway and home delivery option and made enough profit to survive during the worst time.so I am hundred percent legit cafe manager did not deserve this. I came across this job through online ad by given one of the ex business partner.  

    The cafe was previously owned by 3 people who have another restaurants in the city and one of the their guy filled up my application and signed it when we applied the visa in 2017. During the sponsorship 2018 the business has changed the business partners but kept the ABN same for my sponsorship reason as the new business partners do not have a great experience in a very busy cafe they decided to keep the ABN for my sponsorship. Since 2017 , the profit has gone up to nearly triple under my management as i used to work in very busy cafe in sydney and melbourne for about 5 years before this job so i can understand the cafe`s needs well.

     

    My question was that nomination was refused with the supervising reasons but the visa refused with application was made by applicant reason. The application was made by immigration agents and signed by one of their general manager who looks after all the other 3 venues and hired me for this cafe. 

     

    i started to prepare a great evidence for my nomination reason but i do not know about the visa reasons as did not make the application so is there anyone who can give me their thoughts about this?

    Thank you

  3. Hi,

    Im new to here. I have a question about 187 RSMS. Sorry it may look a bit complicated situation i hope i write it clearly. 

    Nomination and visa applied in 2017 

    RCB approved in couple months after

    Occupation Cafe manager 

    Nomination refused in june 2019 with the reason of supervising not a manager

    Visa refused with the reason of nomination refused and the application made by applicant 

    AAT applied 2019 for both and still waiting.

     

    I was devastated by the news when i got it as I work at a quiet busy cafe more than 3 years with all my energy even during the covid 19 i kept it open for takeaway and home delivery option and made enough profit to survive during the worst time.so I am hundred percent legit cafe manager did not deserve this. I came across this job through online ad by given one of the ex business partner.  

    The cafe was previously owned by 3 people who have another restaurants in the city and one of the their guy filled up my application and signed it when we applied the visa in 2017. During the sponsorship 2018 the business has changed the business partners but kept the ABN same for my sponsorship reason as the new business partners do not have a great experience in a very busy cafe they decided to keep the ABN for my sponsorship. Since 2017 , the profit has gone up to nearly triple under my management as i used to work in very busy cafe in sydney and melbourne for about 5 years before this job so i can understand the cafe`s needs well.

     

    My question was that nomination was refused with the supervising reasons but the visa refused with application was made by applicant reason. The application was made by immigration agents and signed by one of their general manager who looks after all the other 3 venues and hired me for this cafe. 

     

    i started to prepare a great evidence for my nomination reason but i do not know about the visa reasons as did not make the application so is there anyone who can give me their thoughts about this?

    Thank you

  4. Hey guys

    Ive got a question regarding rsms which i applied december 2017 as a cafe manager and recently the owner has been changed and new owner was happy to keep the same abn number and happy to work with me for my sponsorship. so they took over the cafe as it is. May that affect my visa changing the ownership but keeping same abn and same name?

    I follow the forum and read about the comments some gets rejection often. My cafe turnover 2017 was around $600000 and profit was around $40000  and Im on $55000 per year full timer so lower than my salary. would that be a problem ? ive seen some got refused because the same reason company cant afford to pay salary next 2 years.

    If anyone has opinion about this, would be awesome.

     

    thanks very much

  5. hey guys

     

    i applied the 187 DE as a cafe manager dec 2017 and the cafe turnover is around $600.000 per year and profit around $38000 and on the payroll looks total 8 people 5 full timers and 3 part timers at the time when i applied so these days is a bit quiet so we reduce the staff hours. what are your guys thought about this number for a cafe? the cafe has been running since 2013 and it has nearly 50 seats. thanks so much 

  6. This is what my migration agent sent.
     
     hope you are well. After careful review of your situation your agent has advised the below, 
     

    Nominator changes their ABN or ACN

    Nominators can sometimes change ownership or business structures during the processing of a nomination or visa application which results in a new ABN or ACN. Nominators who obtain a new ABN or ACN are considered to be separate new entities, even if there are no practical differences, for example, the management and business practices remain unaffected.

    Where the ABN or ACN details specified on the nomination form change, a new nomination must be lodged and the business will need to be reassessed against Regulation 5.19(2)(a).

    Any associated visa application should be withdrawn and the nominee will need to make a new visa application. This is because the associated nomination will no longer be able to satisfy the visa time of decision criteria 856.221, that an approved nomination continues to satisfy all criteria for approval. A new visa application will be required as a new nomination must be lodged.

     

     

    I called  the immigration this morning and explained the situation they said that i just need to fill up 1022 form and send it to nsw.pse@homeaffairs.gov.au
     
    They said there is no legislation about changing nba or ownership
     

     

  7. Hey Guys,

     

    i have a question regarding 187 rsms direct entry. Ive been working for a cafe since last year september and lodged my application last year december rcb approved and my boss is selling the business to someone else and she is willing to takeover the cafe as it is only difference is that abn number. even the cafe trading name will be the same. she is also willing to continue my sponsorship and my position. to sum up that just to owner is changing with a new abn number. would that affect my application? 

     

    please let me know if anyone has gone through similar situation before.

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