tocsa

1 hour ago, Tomlfc1992 said:

Hi all,

Silent reader here so far. I applied for my 186 Nomination only by myself in July 2017.

This got refused in January 2018. The CO cited lack of evidence/statement to suggest my role was going to available for me for 2 years and also lack of evidence to meet Training Benchmarks. The CO had also referred to a completely different company in his final statement at the end of the Decision Explanation.. Given the obvious lack of proofreading and not given the chance to resubmit any documents, I considered appealing but was advised by Work to work with out MA to resubmit a new Nomination and Application as they believed this had a better chance of success. 

I then used our work MA to resubmit both the Nomination and Application on 12th Feb 2018 with the issues raised in the refusal notice rectified. All Medicals, Police Certificates, and Compulsory Docs were uploaded on the day. 

I have been here for nearly 5 years and I'm hoping we/I can be released from our compulsory work Obligation and be free to do anything in this great country given everything we have given to be part of it. Fingers crossed everyone has a good result!

Temporary Transition - 1 Applicant 

LR (UK)

ICT Sales Representative.

Nomination and Application sent on 12/02/18 

as of 14/09/18 - Still in Received Status

 

Hi, 

I hope this time your visa will be approved.

What do you mean by being released from work obligations.

As far as I know there is an expectation from immigration to stay with your sponsoring employer for at least 1 year to comply with genuine effort condition under 186 visa. Whereas under subclass 187 this time amounts to 2 years.

Getting PR does not mean you are released from your employer.

Does anybody have experience about this under 186 visa?

It is a sign he wants to make a change in immigration policy. As far as I remember, as treasurer he proposed to reach the annual quota which is reasonable from someone understanding about economics behind immigration. I think that the positive impact in short run can be a slightly less tough vetting to meet budget numbers.

Hi Inicolson,

I am sorry about the refusal.

What was the problem if everything was 100% correct?

Does anyone have experience with skill assessment of sole traders? I'd appreciate any advice.

On 26/07/2018 at 11:12, ring3018 said:

https://www.myaccessaustralia.com/rsms-visa-leave-employer/

27 minutes ago, faisal said:

Hi

when did yiur friend applied? Please share the timeline.

thnks

Law about new training benchmark has not been ratified as far as I know.

I fully agree with you. Everybody is frustrated. MA-s face unprecedented situations. There is such a war against immigration that you never know from which side you are attacked. If a CO wants to refuse will find a reason for it. You cant be prepared for every situation.

1 hour ago, Jai12 said:

Yess they didn’t pay 2% . But they showed documents where they spend 1% . 

If they showed documents for 1% it means they had training. Taking this pathway is extremely complicated. It is to a great extent up to the case officer to decide if it is acceptable or not. This explains the different outcome. 

If an RTO did the training, it is worth proceeding with AAT. If you showed documents from a non RTO training company, you will have hard time to tour around your case.

Let me know if you need any further info. I have made throughout investigation in this field (Benchmark B), I am happy to share what I have learnt.

It is not that simple. If the company paid 2% to fund, it is worth going to AAT. However, in case of benchmark B (1%), there is a lot of room of consideration for CO to tick the box or refuse the nomination. If you google this topic, you will find out how complicated it can be to convince COs that the company complied with the law in full. 

Hi,

I think this is a typical example for the chaotic immigration situation. There are no clear standards, the rules are changeing constantly, system is under political pressure as well as too much consideration is given to case officers. 

I would talk to the MA of your friend to find out what they did differenlty. What does your MA say about this?

What went wrong with your training benchmark?

Hi Waris,

Your story is very sad. Many applications get refusal due to training benchmark.

What went wrong with it?

God shall pour out His grace and blessings on all visa applicants in Jesus name, Amen

Just now, Gourav said:

Becoz they want to pay from company account 

which is not necessary and i have asked MA 

If they want to refuse, they will find a cause. Can you submit a complaint? 

Did you use RTO training provider?

10 minutes ago, seanthejoiner said:

Hello all,

Ive been watching this forum for a few months now, thought I better sign up so I can put my 2c in.

Any other carpenters out there waiting for their visa?

A few guys at my work have got their visas already, one took 5 months, another took 14. A friend of mine got his in 3 months! I was hoping to get mine soon, but having a look on here I see some of you have been waiting over 2 years

MA reckons things might speed up in this new financial year, so fingers crossed and here's hoping we all get that e-mail we have all been waiting for soon!

42 minutes ago, Gourav said:

They told traning bench mark was paid in cash which was the major issue 

I have the impression that there is a lot of subjectivity behind processing depending on case officer. If CO wants to refuse, will find something even in the best application. On the other hand if CO wants to approve even the poorest application can be successful. What does this mean? Keep praying for approval and never give up.

I am very sorry about this new refusal. Does it make sense to renew the nomination? What is the cause of refusal?

Hi,  I can make you only one suggestion concerning your visa application: you better choose your MA very carefully. I would not spare any money on contracting a specialist in business sponsored visas. The larger the company is the better because major immigration agencies handle many applications and have more up-to-date experience. Due to the recent stricter processing, applications have to be more carefully prepared. "Average" MA-s are not necessarily aware how to prepare a successful visa.

For me it is too late to choose the right MA, but the wise man learns from others' mistakes. 

Hi,

What does your MA say? I think you better wait for normination approval before application. It does not sound encouraging.

no, is not but this is confidential. Did the case end up with refusal?

I am just telling you that you have to select MA-s carefully. Their advice should be in writing. Verbal advice is no advice. 

I have done it. No way to fix it. Waiting is difficult, but waiting when you know ground is provided for refusal is even harder. But miracles happen!!!! I have lived many of them so far in this  process. Approval despite of bad paperwork for training benchmark would not be the greatest one.....

yes, they care as long as they get their money. I think if CO considers the case strong and the company's financial capability is good the approval is likely. If CO wants or has to refuse for any reason, the ground is there for it. 

No way to fix it. Once company paid the wrong training company, you are in God's hand. The only chance is to explain to CO why that specific training was necessary to meet company needs to reach stategic goals. Theoretically, if you can explain why it might be accepted. On the top of that the company pays much more 1% for training which can help too. If CO does not like your argumentation can immediatly reject the nomination because of wrong training provider.  . 

your welcome,

 I have tried to access my nomination to check my MA. Unfortunately, I have found out that he made big mistakes concerning training benchmark (no advice given to company about RTO-s) that might lead to immediate refusal. That is why I wanted to check his work, but no access possible. You have to be very careful when you choose MA.

Hi,

no, you can not access your nomination as it might contain confidential company data. You can only see your application.

On 14/06/2018 at 12:31, XK-NL said:

Marketing Specialist, 186 DIRECT ENTRY.

Reason for Nomination Refusal: the business not shown financial capacity for a 2 year  FT position

They did not ask for further documents, make the decision straight away.

 

Hi, I am sorry about the refusal. It can happen to anyone. Did your company make any profit? I suggest that your company makes a business plan for the next 2 years forcasting profit. Otherwise you are in a difficult situation. What does your MA say? What financial capacity is needed for a 2-year FT position? 

Your MA should have arranged for all paperwork necessary for the application. That is why they get paid. I hope you can relodge the visa.

2 minutes ago, Rvee said:

What was your occupation?

What does it mean? You should find out exactly what the problem is.