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I87 de - Off shore - LR - Hairdresser -  After 22 months of waiting have just received nomination refusal. Reason given was that employer would not be able to pay salary - what a pathetic and feeble excuse. Will not be appealing as it will be a waste of more time and valuable money. The whole immigration process is flawed with stupid reasons given to most refusals.

To all of you waiting best of luck and hope your dreams come true

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10 hours ago, dasinlondon said:

I87 de - Off shore - LR - Hairdresser -  After 22 months of waiting have just received nomination refusal. Reason given was that employer would not be able to pay salary - what a pathetic and feeble excuse. Will not be appealing as it will be a waste of more time and valuable money. The whole immigration process is flawed with stupid reasons given to most refusals.

To all of you waiting best of luck and hope your dreams come true

Sorry to hear this, unfortunately this is becoming more and more common.

If the company is in a good financial position, you may have a strong chance to win at the appeal stage, however, this will be costly and time consuming as the AAT queue becomes more backlogged due to such decisions.

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3 hours ago, Raul Senise said:

Sorry to hear this, unfortunately this is becoming more and more common.

If the company is in a good financial position, you may have a strong chance to win at the appeal stage, however, this will be costly and time consuming as the AAT queue becomes more backlogged due to such decisions.

Hi Paul,

I have a question that I am wondering if you can help me with. I am waiting since 6/17 for processing of 186 DE Rest Manager. My company has a training centre, in which they do hospo related training and courses both for us and other companies. We pay 2 full time trainers, and the annual budget is way over 2%. Do you think I shoukd be fine with training benchmarks? 

 

cheers 

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27 minutes ago, Toryalis said:

Hi Paul,

I have a question that I am wondering if you can help me with. I am waiting since 6/17 for processing of 186 DE Rest Manager. My company has a training centre, in which they do hospo related training and courses both for us and other companies. We pay 2 full time trainers, and the annual budget is way over 2%. Do you think I shoukd be fine with training benchmarks? 

 

cheers 

I sounds like it may be compliant, but I would need to review the company training documents to advise for certain.

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Sorry to hear this, unfortunately this is becoming more and more common.
If the company is in a good financial position, you may have a strong chance to win at the appeal stage, however, this will be costly and time consuming as the AAT queue becomes more backlogged due to such decisions.
Hi Paul,

What does good financial position mean?? Does high turnover eventhough showing loss can be considered as good financial position too or it must be showing good profit??

I would really appreciate ur reply
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5 minutes ago, aussiepr said:

Hi Paul,

What does good financial position mean?? Does high turnover eventhough showing loss can be considered as good financial position too or it must be showing good profit??

I would really appreciate ur reply

It will depend on the specifics of the business. High turnover alone is not enough, especially if the business is running at a loss.

Each business needs to be assessed on its own merits and professional advice in this regard is strongly recommended.

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Hi Raul,

Is an accountant letter very important? Does it make a lot difference? I already got one though.

I believe my company is going concern. Can the CO still refuse the nomination because of "the company can't pay blah blah" if I got an accountant support letter?

Will appreciate your reply! ? 

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13 hours ago, CarmenChung said:

Hi Raul,

Is an accountant letter very important? Does it make a lot difference? I already got one though.

I believe my company is going concern. Can the CO still refuse the nomination because of "the company can't pay blah blah" if I got an accountant support letter?

Will appreciate your reply! ? 

It depends on what the Accountant letter states about the business and its financial capacity.

The case officer can refuse an application for any reason they like, within the confines of the regulations.

It is becoming increasingly common for applications to be refused due to the financial viability of the business.

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11 hours ago, Raul Senise said:

It depends on what the Accountant letter states about the business and its financial capacity.

The case officer can refuse an application for any reason they like, within the confines of the regulations.

It is becoming increasingly common for applications to be refused due to the financial viability of the business.

Thank you very much Raul. Can we say nowadays it depends of luck? ? 

Actually I have another question...suppose my nomination was refused (hopefully not), should I withdraw the application?
If I do so, if I won the AAT regarding the nomination, can I apply for 187 visa again? But I don't have 3 years experience...what should we do? I feel very vulnerable...

Edited by CarmenChung
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12 hours ago, CarmenChung said:

Thank you very much Raul. Can we say nowadays it depends of luck? ? 

Actually I have another question...suppose my nomination was refused (hopefully not), should I withdraw the application?
If I do so, if I won the AAT regarding the nomination, can I apply for 187 visa again? But I don't have 3 years experience...what should we do? I feel very vulnerable...

No it is not about luck. In most cases, well prepared applications will succeed. Occasionally, even good applications will fail due to case officer "misinterpretation" and these can be overturned at the AAT.

As to what you should do if your application is refused. My advice:

  1. Don't focus on the what ifs, as you will drive yourself crazy thinking about all of the possible outcomes;
  2. Make sure that the current application is presented as strongly as possible;
  3. If the application is refused, have the matter assessed by a qualified and experienced Agent to obtain answers specific to your case;
  4. Don't try and get answers to complex questions, (such as should I withdraw) as the answers will depend on your specific situation. Trying to solve a complex issue with a one size fits all solution, will only get you into more trouble.

Hope it all goes well.

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