rosie78 Posted December 17, 2014 Share Posted December 17, 2014 My employers nomination was rejected today. Pretty devastating. The reasons used were totally incorrect. He even questioned the area that the business is in and whether it is actually regional! It definitely is (it's on the Sunshine Coast) and got RCB approval so you would have thought that they would have picked up on that! Not sure what to do. Appeal can take 18 months and it seems so unfair given that the reasons given were completely incorrect. It's like he just didn't understand the business plan that the employer submitted. Has anyone got any advice? I am in the UK so it's going to be hard to just go back to life as usual. Quote Link to comment Share on other sites More sharing options...
engaus Posted December 17, 2014 Share Posted December 17, 2014 What were the exact reasons for refusal? Might be easier for people to offer advise Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 17, 2014 Share Posted December 17, 2014 My employers nomination was rejected today. Pretty devastating. The reasons used were totally incorrect. He even questioned the area that the business is in and whether it is actually regional! It definitely is (it's on the Sunshine Coast) and got RCB approval so you would have thought that they would have picked up on that! Not sure what to do. Appeal can take 18 months and it seems so unfair given that the reasons given were completely incorrect. It's like he just didn't understand the business plan that the employer submitted. Has anyone got any advice? I am in the UK so it's going to be hard to just go back to life as usual. Were you represented, or did you/your employer act on your own behalf? Quote Link to comment Share on other sites More sharing options...
rosie78 Posted December 17, 2014 Author Share Posted December 17, 2014 We weren't represented by an agent. My employer did her side and I did mine. We were very thorough. They rejected our nomination for numerous reasons. They don't think that the employers office is situated in regional australia. It definitely is! They weren't happy that the business is registered as a family trust so has a dual purpose. This was checked by the RBC and they said it was no problem. They don't believe that I will work where the business is located as most of the clients are based in Sydney or Melbourne. This just shows a lack of understanding of the business. Its complicated but every issue raised is one that I could immediately answer, if they had given me a chance. I can't decide whether to go through a visa agent now (which will cost a fortune and I am already potentially thousands of pounds out of pocket for nothing) or just give up. The thought of having to wait over a year for a decision when the immigration officer didn't even bother to ask for further information just feels awful. Quote Link to comment Share on other sites More sharing options...
awelter Posted December 18, 2014 Share Posted December 18, 2014 You should get your case assessed by a professional to make sure the nominated position meets all prescribed criteria. If it's the case, you can think about a review of your nomination application or even to lodge a new nomination application (after arrangements with RCB) with detailed submission supporting your nomination application - which might be faster than the review and nomination application has a zero fee for RSMS. In both cases, you should consider engaging someone who has good knowledge of RSMS. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 18, 2014 Share Posted December 18, 2014 We weren't represented by an agent. My employer did her side and I did mine. We were very thorough. They rejected our nomination for numerous reasons. They don't think that the employers office is situated in regional australia. It definitely is!They weren't happy that the business is registered as a family trust so has a dual purpose. This was checked by the RBC and they said it was no problem. They don't believe that I will work where the business is located as most of the clients are based in Sydney or Melbourne. This just shows a lack of understanding of the business. Its complicated but every issue raised is one that I could immediately answer, if they had given me a chance. I can't decide whether to go through a visa agent now (which will cost a fortune and I am already potentially thousands of pounds out of pocket for nothing) or just give up. The thought of having to wait over a year for a decision when the immigration officer didn't even bother to ask for further information just feels awful. It is a minefield and even experienced professionals encounter serious issues with what looked like straightforward applications at first sight. May I suggest that you consult an experienced Registered Migration Agent for an opinion about your possible strategies? Quote Link to comment Share on other sites More sharing options...
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