Mantaray

Nevertheless, your employer and your position has been approved during your nomination so certainly DIBP accepted Tax accountant as a needed position on your company. For a large company I would presume they can handle multiple accountants; management and tax/compliance accountants.It is possible to be a tax accountant/employee of a company but carefully thread on your job description so as not to confuse services which a tax practitioner normally does (requiring TPB registration) or as a management accountant which may be more applicable on your overall accounting work. Sorry I used to work with a migration agency and quite familiar with many visa applications got rejected due to wrong application of occupation code thats why I was particular on your job and the ANZSCO job descption. But then again if you have your MA, they should have carefully used the correct ANZSCO code which really corresponds on your current work.

Wait, if your company is not a registered company tax agent then why would they hire you as Tax Accountant? That non-registration works only since they are vouching that they have the necessary registration and in essence authorises you to use it when you do your work as Tax Accountant for the firm.

I already got the visa. Simple, brief and straightforward answers are better than complicated one. In my case, I just happened to have legal colleagues who helped me structure my letter with relevant legislation. My occupation is under Accountant-General and in my job description I mentioned pretty much doing all roles; taxation, audit, smsf, and business advisory, that is why I have to argue each accounting role. Your specialization is under Taxation so I think you don't really have to argue all those roles I mentioned above apart from the taxation advice and probably traditional accounting activities. You are an employee representative (whose role as a tax accountant providing advice on behalf of a registered tax agent-employer) and is clearly stated on the TPB website. If your job description corresponds with those ANZCO Tax Accountants desc, I don't think it would be an issue on your case as you have the proof of non-requirement for registration with TPB and your employer concurred with those statements. These are just my two cents..it is always best to consult other experts Best of luck!

I may have a similar case with you. ANSZCO states that registration/licensing "may be" required. As Tax Accountant, you need to have registration if you represent your client as a "registered tax agent" to the ATO. However, you can provide tax (financial) service as an employee representative (using your employer license) with limitations, while your employer is responsible in supervising your work and ensuring compliance with their licence and registration obligations. A supporting letter from employer stating you do not need to get any registration with TPB should somehow show proof. In my case, I argued in my letter all relevant legislation and regulations for accountants and my employer concurred with what I said. These are some information I suggest you have a readout and may help you. https://www.cpaaustralia.com.au/~/media/corporate/allfiles/document/professional-resources/financial-planning/financial-advice-and-regulations-for-accounting.pdf Corporations Act 2001 921C (4) (a)) as authorised representative Tax Practitioners Board. 2019. FAQ. Does an employee representative need to be registered? https://www.legislation.gov.au/Details/F2019C00011 There are four key exemptions provided to accountants: Taxation advice s.766B (5)(c) & Regulation 7.1.29(4) Traditional accounting activities Regulation 7.1.29 Broad asset allocation advice Regulation 7.1.33A Referrals Regulation 7.6.01(1) (e)

We are about 20 accountants. Yours will come soon. Best of luck

Just sharing today's good news. Occupation: Accountant-General State: QLD Country: HR Stream: 187 DE Number of applicants: 1 RCB: 17 Aug 2017 RSMS 187 Visa and Nomination applied: 24 July 2017 Nomination approved on the 13 Feb 2019, Initial visa assessment : 13 Feb 2019 updated AFP & Medical Check, evidence of non registration/licensing to perform duty requested on the same day Further assessment: Updated documents forwarded 28 February Visa Granted on the 21 Mar 2019 IMMI Status: Finalized

Mate, It seems it was your MA's mistake, you should ask for a refund. I would probably seek another professional's advice on your options. I used to work with migration agency but that was years ago so whatever opinion you get from here maybe outdated or misleading, use it as a guide and do more research, but go with a credible MA/Lawyer. I know, it's a pain waiting for months but don't lost hope. You'll get through it.

Legal name should not be the Trust. Check also the ABN listed on the business detail section, it should be the XYZ PTY LTD's ABN and not the XYZ Family Trust. Your MA may have used the trust and not the trustee on the application which jeopardised it. I dont think it's the COs fault. Then again I only base my opinion on your few presented facts. Mate, you need to check it with your MA or get another professional's opinion. If it is finalised, then there is a probability that they have closed the file and may require you to lodge a new nomination or the CO, if considerate enough, may allow you to correct the mistake without creating new application.

Trusts cannot sponsor employee for a visa but the trustee can. Your CO most likely denied the nomination due to mistake in the legal name or ABN of the business recorded in your application and did not go further to check your other documents. I suggest asking a copy (from your MA) a summary of your submitted nomination application similar to the one I attached (yours should have record of responses to DOHA). Check the Registration IDentifier (ABN) and Xyz Pty Ltd details must be written on the business/organisation section and not XYZ Trust details. Your MA's fault if the name recorded is XYZ Trust. Trust details are recorded at a latter part. application.pdf

Trust is not a legal entity, so it cannot enter into a contract (sponsor you, basically) but the the trustee can. Check the legal name and ABN listed on your nomination application. If the trust ABN and/or legal name is listed, then you may need to change or create a new nomination to show the trustee (xxx PTY LTD) nominates you instead. Check below definition of legal name on nomination application

Hi I am a silent reader too and would like to share my case. I applied for 187 DE/ Accountant-General. Nomination and visa application were both lodged in July 2017. All required documents were completed before lodging thinking processing will take the normal processing during that time (6 mos). It took DOHA 19 months to open my file. Nomination got approved last week without scrutiny. Business financials were updated every quarter since lodgement. Visa is currently on initial assessment and DOHA is requesting for updated AFP check and medicals because initial documents got expired. They are also asking for evidence of registration/license or non-requirement to hold. I have prepared documents and legislation to support my claim for non requirement. Is there anyone with similar case? I may have missed information for the evidence required and any inputs will be highly appreciated?