Also a heads up as recently received urgent email from MA- pretty ridiculous, as if we need more stress. Obviously, immigration not taking into account at all how small businesses; or start-ups work
We have recently received feedback of highly controversial outcomes from the Department who are starting to refuse 186 nomination applications on the basis that the business does not have the financial capacity to employ the nominee and pay the market rate salary for at least two years.
Further to this where a case officer has concerns regarding the financial capability of the nominator, they are not required to request additional information and can make a decision on the application without warning.
These decisions are being made by case officers who have limited to no understanding of how to read and interpret financial statements, and cannot comprehend standard industry accounting practices that may result in a business operating at a loss or only a small profit margin. These types of refusals do not align with current policy guidelines, however the decision remain valid.
We are now entering into an era with the Australian Government where they see Migration as a revenue stream and do not care about the outcome. They see no downside to providing a negative decision because in most instances it leads to a second application to generate further income
AS A MATTER OF URGENCY and to ENSURE that documentation submitted clearly meets Regulation 5.19 (5) (n) and we leave nothing to chance we recommend you provide:
Updated financial documentation from the business including BAS statements from April 2017, profit and loss, and annual report for the most recent financial year.
Updated letter of support from the company accountant to attest that the business “has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year”. Reasons should be given by the accountant to support their statement. Please see attached partially completed template for completion.
To add weight the letter should be signed by a professional accountant who holds recognised qualification or memberships such as CPA.
