Deh Posted June 1, 2014 Share Posted June 1, 2014 Hi! I've been working as a Cafe Manager since NOV/2012 and on NOV/2013 my boss offered me a sponsorship. Application for BSB was made on 20.12.2013 and approved on 28.02.2014. Nomination had already been lodged on 13.02.2014, just to try to speed things up. Everything was going well until 21.05 when Case Officer informed my agent through the phone that he was going to refuse nomination as "he doesn't like approving managers for Cafes". Long story short CO said he approves for Restaurants but not for Cafes because he reckons Cafes don't need managers. My agent explained to him that our operations are as complexes as any Restaurant, as we do have table service (40 indoor seats and 90 outdoor seats), have an extensive breakfast and lunch menus, offer catering services and also do functions (have a liquor license). My agent also asked him on what grounds he was going to refuse; he didn't answer, just said again he doesn't like Cafes and we could go to Court if we were not happy with his decision. My agent's last shot was to tell him my boss is opening a new Cafe in October (that's real, he is already working on the design and all the papers are signed) but he didn't seem to change his attitude. He finished conversation laughing about the situation, saying "I'm checking her file and can see she has a valid visa until next year... enough time to look for something else". After hanging up the phone my agent sent him a very straight forward email explaining again our position and how law supports 457 for Cafe Managers and ever since we haven't heard from him. On 30.05 my boss wrote two letters pointing out why he needs me working full time by his side (I'm currently on a student visa working part-time). During these nearly 2 years he tried to replace me several times as a Cafe Manager as he needs someone full time but was never successful (that's why he offered me the sponsorship). I've a Diploma of Business completed here and also I'm graduated in Business back in my country (4 years studying). I'm very stressed and aware the only thing I can do is wait until CO makes him decision but would like to ask if anyone has any tips or has had similar situation. Thanks Quote Link to comment Share on other sites More sharing options...
ali Posted June 1, 2014 Share Posted June 1, 2014 I'm not sure what to advise as you already have an agent working on your behalf - perhaps you or your employer could speak with an immigration lawyer Quote Link to comment Share on other sites More sharing options...
AJ Posted June 1, 2014 Share Posted June 1, 2014 Are you sure thats what the Case Officer said? Or is your agent exagerrating a bit because they know they havent done their job properly. I cant see a case officer being allowed to deal with applications in this way. Quote Link to comment Share on other sites More sharing options...
blossom Posted June 1, 2014 Share Posted June 1, 2014 Isn't there a clause where you can't be granted a sponsorship visa while still on a student visa unless your course has finished (even if it's not related to the job)? I'm sure that has come up on the rsms threads for refusal reasons before. Quote Link to comment Share on other sites More sharing options...
Deh Posted June 1, 2014 Author Share Posted June 1, 2014 (edited) Hi AJ, I'm sute... I've a copy of the email agent sent to CO highlighting what happened on the phone... Unfortunately this really happened. Blossom79, I've finished my course already. I think if it was the case I wouldn't be granted my sponsorship but we are still talking about the nomination. He says Cafes don't need Mamagers and that's why he doesn't approve such a position... Not sure what you mean by bumped my post, I'm new here and still having trouble working out how to post, answer and so forth. Read quite a few topics but didn't find anything similar to my case Edited June 1, 2014 by Deh Quote Link to comment Share on other sites More sharing options...
AJ Posted June 1, 2014 Share Posted June 1, 2014 Sorry but I find this hard to believe, if you are so sure I would report exactly what this case officer has said to a Manager in the DIPB, you must have the case officers name if your agent has given you a copy of the email sent to them. Quote Link to comment Share on other sites More sharing options...
blossom Posted June 1, 2014 Share Posted June 1, 2014 Sorry but I find this hard to believe, if you are so sure I would report exactly what this case officer has said to a Manager in the DIPB, you must have the case officers name if your agent has given you a copy of the email sent to them. Agreed. Agents should all know who the managers are. I would expect them to report this before even coming to you. Quote Link to comment Share on other sites More sharing options...
Deh Posted June 1, 2014 Author Share Posted June 1, 2014 Hi, yes I do have all his details... the letters my boss wrote on Friday (30.05) were addressed straight to him - even though we gave them to my agent forward them to CO. Just to clarify I know my agent for a long time, he is also a lawyer and I do believe all evidences he gave to me to prove what happened. It's hard to believe it's true but I do believe, and have friends who came across arbitrary COs like the one who is analyzing mu case. We are still waiting on his decision and it might be positive but I posted my case here to see if I could find some peace on similar situations... Didn't get what you mean by 'I would report exactly what this case officer has said to a Manager in the DIPB'. Thanks for trying to help me anyway Quote Link to comment Share on other sites More sharing options...
Deh Posted June 1, 2014 Author Share Posted June 1, 2014 (edited) Hmm, got it. Will call him to ask why he didn't report do DIBP Edited June 1, 2014 by Deh Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted June 1, 2014 Share Posted June 1, 2014 Just let your agent handle it. It sounds like it's been made clear that the establishment is not simply fast food or take-away and also that there is a genuine need for the position. That seems to be what the CO is arguing against and from what you've wrote there's no grounds for that argument. Quote Link to comment Share on other sites More sharing options...
wrussell Posted June 1, 2014 Share Posted June 1, 2014 Sorry but I find this hard to believe I don't. Quote Link to comment Share on other sites More sharing options...
AJ Posted June 2, 2014 Share Posted June 2, 2014 I don't.Well if that is the way the case officer is treating an application he should be reported to management. They are paid to do a job and they will have guidelines to follow, not go off on a personal power trip! Quote Link to comment Share on other sites More sharing options...
ali Posted June 2, 2014 Share Posted June 2, 2014 Well if that is the way the case officer is treating an application he should be reported to management. They are paid to do a job and they will have guidelines to follow, not go off on a personal power trip! I would have thought too that if an agent came across this sort of behaviour they would also feel duty bound to report it as the (paid) advocate of their client. Quote Link to comment Share on other sites More sharing options...
wrussell Posted June 2, 2014 Share Posted June 2, 2014 I would have thought too that if an agent came across this sort of behaviour they would also feel duty bound to report it as the (paid) advocate of their client. If you register a formal complaint against a DIBP officer there is an immediate conflict the issue being whether the officer should continue to process the application. Quote Link to comment Share on other sites More sharing options...
blossom Posted June 3, 2014 Share Posted June 3, 2014 If you register a formal complaint against a DIBP officer there is an immediate conflict the issue being whether the officer should continue to process the application. Which sounds exactly what is needed considering their attitude. Quote Link to comment Share on other sites More sharing options...
ali Posted June 3, 2014 Share Posted June 3, 2014 I agree blossom Quote Link to comment Share on other sites More sharing options...
Deh Posted June 15, 2014 Author Share Posted June 15, 2014 Hi, thanks to everyone who posted here Ever since that phone call between CO and my lawyer (21/05) we haven't heard anything from CO. Spoke with my lawyer about reporting the situation to DIBP and he said he has never done it before but we definitely could try. Don't know what to do... it has been nearly one month since CO said he would refuse nomination but so far he hasn't done any moves... no communication at all!!! My lawyer advised me to wait until CO decides and if he really refuses it we could go to DIBP, but said he will do whatever I chose to. Any thoughts about it? Don't know if it's better go to DIBP now or wait until CO makes up his mind... Quote Link to comment Share on other sites More sharing options...
blossom Posted June 15, 2014 Share Posted June 15, 2014 I'd be going to them now personally. Far better to get another co before it is refused rather than having to go through the time and expense of the mrt! Quote Link to comment Share on other sites More sharing options...
Deh Posted July 6, 2014 Author Share Posted July 6, 2014 Hello all! Just a quick update... last Thursday (02.07) my agent sent a request for my case to be escalate to CO's supervisor. Don't know exactly how this will help me but have my fingers crossed. Haven't heard back anything yet (as usual) so still waiting. Quote Link to comment Share on other sites More sharing options...
Deh Posted July 10, 2014 Author Share Posted July 10, 2014 Well... turns out that request worked! Nomination has been approved today by the same CO who said he wouldn't approve it. He didn't escalate the case to his supervisor, just made us wait this long to get it approved himself. Tomorrow we're lodging my VISA application and hopefully this time it won't take ages to get an answer. Very happy Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 11, 2014 Share Posted July 11, 2014 Well... turns out that request worked! Nomination has been approved today by the same CO who said he wouldn't approve it. He didn't escalate the case to his supervisor, just made us wait this long to get it approved himself. Tomorrow we're lodging my VISA application and hopefully this time it won't take ages to get an answer. Very happy Well done! If they are wrong they almost always back off and if you have to bounce them make sure they stay bounced. Quote Link to comment Share on other sites More sharing options...
Deh Posted July 13, 2014 Author Share Posted July 13, 2014 Hey, now that I'm quite confident about my 457 being approved I have to start thinking about next steps... someone told me once that I cannot apply for PR under Cafe Manager occupation from Melbourne. Seems like this occupation is not on the list so I should move to a Regional Area if I want to have a chance to get a PR. Does anyone know anything about it? I'm aware I have a pretty long path (at least 2 years) and things change fast when talking about Immigration but just would like to get as much information as possible. By the way, thank you all... this forum is great! Quote Link to comment Share on other sites More sharing options...
blossom Posted July 13, 2014 Share Posted July 13, 2014 There are different visas. If you qualify then the ENS visa would be a go even in Melbourne. Quote Link to comment Share on other sites More sharing options...
Deh Posted July 13, 2014 Author Share Posted July 13, 2014 There are different visas. If you qualify then the ENS visa would be a go even in Melbourne. Silly question: how do I know if I qualify...? As far as I know only occupations on SOL can apply from Melbourne and mine is on CSOL but not on SOL... Quote Link to comment Share on other sites More sharing options...
blossom Posted July 13, 2014 Share Posted July 13, 2014 Google ENS. It is an employer sponsored permanent visa. You can be anywhere in Australia as long as your job is on the sol or csol, you meet minimum wage etc. You would need either to have worked for your employer on a 457 for two years, or have a positive skills assessment. And of course your employer needs to agree. Quote Link to comment Share on other sites More sharing options...
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