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Hi all,

 

after 22 months I got some bad news. Refused nomination.

the reason does not make sense at all and its totally unexpected. They refused because the previous sponsored restaurant manager left quickly after getting his PR and after that I was not sponsored until about 8 months later. Because of this gap they say there is no need for a restaurant manager. This is a big mistake because in those 8 months someone internally took over the role, however, unsuccessfuly and so they advertised later on the role and took me in. Unfortunately they did not ask to explain this situation and refused straight away (well after 22 months ). And we never expected that this was a problem anyway? Isnt it the point to actually first try to give the role to residents/australians?

I am a genuine applicant and this is such a stupid reason. When i saw refusals on here I always thought there must be something dodgy about their application and it would never happen to me. 

Advice: How genuine your application is, dont take for granted that you get your PR. Especially in DE. I believe if they want to refuse it, they will find a way. Even tho this reason is stupid, the current system doesnt allow you to comment until 2/3 years later. Its unfair, but within the law so nothing I can do about it.

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6 minutes ago, Suusz said:

Hi all,

 

after 22 months I got some bad news. Refused nomination.

the reason does not make sense at all and its totally unexpected. They refused because the previous sponsored restaurant manager left quickly after getting his PR and after that I was not sponsored until about 8 months later. Because of this gap they say there is no need for a restaurant manager. This is a big mistake because in those 8 months someone internally took over the role, however, unsuccessfuly and so they advertised later on the role and took me in. Unfortunately they did not ask to explain this situation and refused straight away (well after 22 months ). And we never expected that this was a problem anyway? Isnt it the point to actually first try to give the role to residents/australians?

I am a genuine applicant and this is such a stupid reason. When i saw refusals on here I always thought there must be something dodgy about their application and it would never happen to me. 

Advice: How genuine your application is, dont take for granted that you get your PR. Especially in DE. I believe if they want to refuse it, they will find a way. Even tho this reason is stupid, the current system doesnt allow you to comment until 2/3 years later. Its unfair, but within the law so nothing I can do about it.

@Suusz That really sucks and does sound like a lame excuse to me, what did they expect that the role would be immediately replaced - maybe in an ideal world.

Sorry to hear that. Have you spoken with your MA, do you have options here? Could you lodge another, using the same nomination or possibly motivate this existing one with the AAT? 

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16 minutes ago, Hex said:

@Suusz That really sucks and does sound like a lame excuse to me, what did they expect that the role would be immediately replaced - maybe in an ideal world.

Sorry to hear that. Have you spoken with your MA, do you have options here? Could you lodge another, using the same nomination or possibly motivate this existing one with the AAT? 

I do have options. One of them is to apply through TRT and the other one is to appeal the decision. However with the waiting time I experienced now I feel uncomfortable with such long waits (appeal can take about 2 years again). In business this is tricky and who knows maybe the restaurant gets sold one day?? 

The other thing is, why should I pay so much money again if they refuse based on really unfair reasons. I can easily win the appeal, but then they wont let me speak for 2 years. And when I win this argument what is next? They have the right to refuse based on their perception, not facts! So it feels so insecure to move forward again.

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12 minutes ago, Suusz said:

I do have options. One of them is to apply through TRT and the other one is to appeal the decision. However with the waiting time I experienced now I feel uncomfortable with such long waits (appeal can take about 2 years again). In business this is tricky and who knows maybe the restaurant gets sold one day?? 

The other thing is, why should I pay so much money again if they refuse based on really unfair reasons. I can easily win the appeal, but then they wont let me speak for 2 years. And when I win this argument what is next? They have the right to refuse based on their perception, not facts! So it feels so insecure to move forward again.

I'm sorry to hear that. I thought these thing would happen to 187, not 186. In my opinion they put all of the restaurant managers on the side and then wait for a really long time, then refused a bunch. A lot of restaurant managers (187) have been refused last week with the same assumptions: genuine, without requesting more documents even though we wait for a really long time (2 years), and all the documents in the checklist have been provided but they want something else not in the checklist. 

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3 minutes ago, ring3018 said:

I'm sorry to hear that. I thought these thing would happen to 187, not 186. In my opinion they put all of the restaurant managers on the side and then wait for a really long time, then refused a bunch. A lot of restaurant managers (187) have been refused last week with the same assumptions: genuine, without requesting more documents even though we wait for a really long time (2 years), and all the documents in the checklist have been provided but they want something else not in the checklist. 

Yes! I feel like they get a note on our visa application with “ refuse this visa, no matter how”. 

We actually submitted a letter as well with our application why my boss did not have time to manage the business because he bought some other businesses and did not have the time anymore. This was information we provided to support the genuine need and this was not on the checklist.

it is very easy to refuse nominations if they say there is missing information that is not on any list! In that case they should at least ask for it. 

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4 hours ago, Dip said:

Anyone waiting more than 40 days after further information was asked and submitted? 

Asked for medical checks again...

47 days from request

25 days from submission. ..

Still waiting

We are thinking about ringing the department and see if that helps...

We have been waiting almost 26 months....

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7 minutes ago, 123stella said:

Asked for medical checks again...

47 days from request

25 days from submission. ..

Still waiting

We are thinking about ringing the department and see if that helps...

We have been waiting almost 26 months....

I think i will ask my MA to email end of this week as well .... 

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4 hours ago, TooGoodToBeTrue said:

Yup here

Hi , which date they request you for more documents evidence of work , afp etc and which date did you submit these all documents.  can you pleassee tell me . Thanks

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7 hours ago, seau said:

Got my visa approved today! I feel so lucky to have gotten it in less than 3 months. I have updated my signature

Hi seau , congratulation for you PR. just want to know that which document immi request?  what date you submit for nomination or visa?? can you tell us . Thanks

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Guys I’ve got some good news from my end!

Finally the wait is over and my PR was granted today. As much as I’m happy my heart still goes out to all of you that have been waiting! 

Immi requested further information on 30/04 re: new AFP from my end and new employment contact from work. 

FYI - If I may suggest pls make sure to keep and remember all your information and documents up to date (remember your afp expiry dates, meds, etc and check with your MA if all docs been uploaded, ask your MA if any doc needs to reapplied or renewed if anything’s closer to expire, etc). As MAs deal with many applications it’s always handy to keep up to date with your details. Yes we pay our MAs but at the end end of the day it’s our PR application.

You all have been fantastic and massive support in this journey! Good luck to you all and wish you all have your PR granted so soon!

Take care guys! 

 

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186 trt applied april 2017 and refused nomination april 10 / 2018 

the reason refused the nomination is company cannot pay for next 2 yrs  and staff were 11 total and they didn’t ask any documents directly refused 

aat nomination appeal april 20 /2018 

new 186 nomination and visa applied jun29 2018 , Still nothing heard from immigration and AAT. Anybody have idea which month visa processing nowadays. 

Profession is cook business turnover more than 7 million total 457 /2  (manager and 1 cook )

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9 hours ago, Suusz said:

Hi all,

 

after 22 months I got some bad news. Refused nomination.

the reason does not make sense at all and its totally unexpected. They refused because the previous sponsored restaurant manager left quickly after getting his PR and after that I was not sponsored until about 8 months later. Because of this gap they say there is no need for a restaurant manager. This is a big mistake because in those 8 months someone internally took over the role, however, unsuccessfuly and so they advertised later on the role and took me in. Unfortunately they did not ask to explain this situation and refused straight away (well after 22 months ). And we never expected that this was a problem anyway? Isnt it the point to actually first try to give the role to residents/australians?

I am a genuine applicant and this is such a stupid reason. When i saw refusals on here I always thought there must be something dodgy about their application and it would never happen to me. 

Advice: How genuine your application is, dont take for granted that you get your PR. Especially in DE. I believe if they want to refuse it, they will find a way. Even tho this reason is stupid, the current system doesnt allow you to comment until 2/3 years later. Its unfair, but within the law so nothing I can do about it.

I really feel your mood, and so sorry to hear that.

I suffered that same shit before by the time I was applying 457 visa, got rejected straight away, then I appealed the case through AAT and waited for one and half year.  I have spent my 5-year to get my permanent Residency granted. I believe that is the reward from god; he sees my efforts.

What I am trying to say that is you need to be strong and stay positive. Every case officer is different, you still have option to re-apply nomination and visa, and possibly your new application will be allocated to a god-sent person. OR go AAT and appeal the case, and you have at least 50% chance to win.

no matter which way you are going to take, you gotta believe god will see your efforts and you will have your PR eventually. 

Wish you had best of luck. 

Edited by bigbasin
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14 hours ago, Suusz said:

Hi all,

 

after 22 months I got some bad news. Refused nomination.

the reason does not make sense at all and its totally unexpected. They refused because the previous sponsored restaurant manager left quickly after getting his PR and after that I was not sponsored until about 8 months later. Because of this gap they say there is no need for a restaurant manager. This is a big mistake because in those 8 months someone internally took over the role, however, unsuccessfuly and so they advertised later on the role and took me in. Unfortunately they did not ask to explain this situation and refused straight away (well after 22 months ). And we never expected that this was a problem anyway? Isnt it the point to actually first try to give the role to residents/australians?

I am a genuine applicant and this is such a stupid reason. When i saw refusals on here I always thought there must be something dodgy about their application and it would never happen to me. 

Advice: How genuine your application is, dont take for granted that you get your PR. Especially in DE. I believe if they want to refuse it, they will find a way. Even tho this reason is stupid, the current system doesnt allow you to comment until 2/3 years later. Its unfair, but within the law so nothing I can do about it.

Hi,

 

I am really sorry to read your lines. It is a clear evidence that genuine applications get refusals too. I also agree that there is a growing number of cases where refusal is decided beforehand no matter how strong the case is.

We all have to live with this potential outcome. I think if you have evidence that there was somebody in charge of managerial role during the 8 months in question, you have a good chance to win AAT.

Good luck and never give up unless God tells you otherwise.

 

 

 

 

 

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12 hours ago, Davv said:

Hi seau , congratulation for you PR. just want to know that which document immi request?  what date you submit for nomination or visa?? can you tell us . Thanks

They just requested police certificates and medical examination. Nomination & visa application was submitted on 15/3, on 27/3 they (my MA) requested police checks/med exam. On 15/4 my nomination got approved. Got med exam and all but one police check submitted before the 28 days, but the last one didn't arrive before that, it was uploaded 20/5 and got visa approved 27/5.

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18 hours ago, Suusz said:

Hi all,

 

after 22 months I got some bad news. Refused nomination.

the reason does not make sense at all and its totally unexpected. They refused because the previous sponsored restaurant manager left quickly after getting his PR and after that I was not sponsored until about 8 months later. Because of this gap they say there is no need for a restaurant manager. This is a big mistake because in those 8 months someone internally took over the role, however, unsuccessfuly and so they advertised later on the role and took me in. Unfortunately they did not ask to explain this situation and refused straight away (well after 22 months ). And we never expected that this was a problem anyway? Isnt it the point to actually first try to give the role to residents/australians?

I am a genuine applicant and this is such a stupid reason. When i saw refusals on here I always thought there must be something dodgy about their application and it would never happen to me. 

Advice: How genuine your application is, dont take for granted that you get your PR. Especially in DE. I believe if they want to refuse it, they will find a way. Even tho this reason is stupid, the current system doesnt allow you to comment until 2/3 years later. Its unfair, but within the law so nothing I can do about it.

 

" the previous sponsored restaurant manager left quickly after getting his PR " This sounds more like the main reason for refusal, it's not about you, your application can be very genuine, but because of the previous sponsored person left quickly after getting his PR, that makes a very bad reputation to the restauant, almost like giving an idea to the immi that the last sponsor was not a genuine sponsor.  I think if you can provide very strong evidences to proof that the restaurant very needs you and you definitely will work for at least 2 years after PR, then they may consider, but I think it will be very hard.    

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7 minutes ago, lulumanda said:

Hi guy,from the cases above,it obviously that restaurant manager is on the list of high risk occupation,does anyone knows what occupations are also high risk ?just wondering if copywriter is on it. Thank you.

@lulumanda I posted something on this a while back, which had a list of *some high risk positions. 
- I'll see if I can find it and re-share it for you. 

Update: See below, the post in question:

In short:

An interesting article I found, dated February 2019 - on the 6 top reasons why visa nominations get refused. 
- Including a list of "High-risk occupations":

These include: 

  • Accountant
  • Beauty Salon Manager
  • Nursery Person
  • Retail Manager
  • Program or Project Administrator
  • Restaurant Manager

https://www.workvisalawyers.com.au/news/all/6-reasons-an-australian-pr-visa-nomination-is-refused-in-2019-186-ens-187-rsms.html

Edited by Hex
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1 hour ago, seau said:

They just requested police certificates and medical examination. Nomination & visa application was submitted on 15/3, on 27/3 they (my MA) requested police checks/med exam. On 15/4 my nomination got approved. Got med exam and all but one police check submitted before the 28 days, but the last one didn't arrive before that, it was uploaded 20/5 and got visa approved 27/5.

Hi, was the late return of the police check OK or did you need to inform your MA/CO? I'm in a similar situation. Am waiting on one police check which is taking it's time.

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4 minutes ago, slacey84 said:

Hi, was the late return of the police check OK or did you need to inform your MA/CO? I'm in a similar situation. Am waiting on one police check which is taking it's time.

MA uploaded evidence of me applying for it (scanned application and payment for it) before the 28 day deadline and then just uploaded the certificate itself when it came

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22 minutes ago, Hex said:

@lulumanda I posted something on this a while back, which had a list of *some high risk positions. 
- I'll see if I can find it and re-share it for you. 

Update: See below, the post in question:

In short:

An interesting article I found, dated February 2019 - on the 6 top reasons why visa nominations get refused. 
- Including a list of "High-risk occupations":

These include: 

  • Accountant
  • Beauty Salon Manager
  • Nursery Person
  • Retail Manager
  • Program or Project Administrator
  • Restaurant Manager

https://www.workvisalawyers.com.au/news/all/6-reasons-an-australian-pr-visa-nomination-is-refused-in-2019-186-ens-187-rsms.html

 

Thanks HEX, i also found one list here :

https://www.immigrationsolutionslawyers.com.au/overcoming-caveats-occupations-457-visa-186-visa-direct-entry-stream/

 

 

QQ图片20190528113304.png

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22 minutes ago, Hex said:

@lulumanda I posted something on this a while back, which had a list of *some high risk positions. 
- I'll see if I can find it and re-share it for you. 

Update: See below, the post in question:

In short:

An interesting article I found, dated February 2019 - on the 6 top reasons why visa nominations get refused. 
- Including a list of "High-risk occupations":

These include: 

  • Accountant
  • Beauty Salon Manager
  • Nursery Person
  • Retail Manager
  • Program or Project Administrator
  • Restaurant Manager

https://www.workvisalawyers.com.au/news/all/6-reasons-an-australian-pr-visa-nomination-is-refused-in-2019-186-ens-187-rsms.html

Just Wondering Can u please tell me is Retail Buyer Comes in HR OR LR ?

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