Emkay Posted July 25, 2021 Share Posted July 25, 2021 About me: Onshore Applicant - On a Bridging VISA for 482 TSS [Medium Skill Shortage] About Employer: Large scale Australian business Nomination for Role: Engineering role Hi all, I really need help and guidance regarding below. Issue: My employer’s nomination has been rejected stating below reasons: 1. DHA says – attempts to hire Australian Employee or PR holder were paper based only. No efforts were made by employer to give an opportunity to local candidate. That implies, LMT was not genuine. 2. No new singed contract has been submitted till date – Employer saying delay with contract was due to Covid-19 restrictions in NSW that occurred in last few weeks as Most of the HR staff working from home and No CEO available to sign the paperwork. 3. DHA has given option to go to AAT. 4. I’ve been given 21 days to provide response regarding my application. Questions: 1. Can I still stay and work for the employer if their nomination has been rejected due to above reasons? I am on a bridging Visa that I got when applied for 482 VISA. 2. What are my options? And does it seem fair that DHA rejected the nomination without asking for much information as employer has followed all the necessary LMT guidelines. 3. If we withdraw visa application will there be a refund or need to pay total fees again – which is around $5000 [appx.] 4. Will it be possible to prove LMT was genuine or very hard? It was a genuine as employer tried really hard to find replacement. 5. What are the chances of winning we are looking at in this scenario? 6. Any other suggestions? Please add. Thank you in advance. Really appreciate the response and guidance in the matter. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 25, 2021 Share Posted July 25, 2021 2 hours ago, Emkay said: About me: Onshore Applicant - On a Bridging VISA for 482 TSS [Medium Skill Shortage] About Employer: Large scale Australian business Nomination for Role: Engineering role Hi all, I really need help and guidance regarding below. Issue: My employer’s nomination has been rejected stating below reasons: 1. DHA says – attempts to hire Australian Employee or PR holder were paper based only. No efforts were made by employer to give an opportunity to local candidate. That implies, LMT was not genuine. 2. No new singed contract has been submitted till date – Employer saying delay with contract was due to Covid-19 restrictions in NSW that occurred in last few weeks as Most of the HR staff working from home and No CEO available to sign the paperwork. 3. DHA has given option to go to AAT. 4. I’ve been given 21 days to provide response regarding my application. Questions: 1. Can I still stay and work for the employer if their nomination has been rejected due to above reasons? I am on a bridging Visa that I got when applied for 482 VISA. 2. What are my options? And does it seem fair that DHA rejected the nomination without asking for much information as employer has followed all the necessary LMT guidelines. 3. If we withdraw visa application will there be a refund or need to pay total fees again – which is around $5000 [appx.] 4. Will it be possible to prove LMT was genuine or very hard? It was a genuine as employer tried really hard to find replacement. 5. What are the chances of winning we are looking at in this scenario? 6. Any other suggestions? Please add. Thank you in advance. Really appreciate the response and guidance in the matter. you need to consult a registered migration agent 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 25, 2021 Share Posted July 25, 2021 @Emkay, I'm surprised a large company didn't hire an agent to manage the application. It's up to the employer to supply all the information required upfront. The DHA does not have to come back and ask more questions. They make a decision based on what the employer supplies. That is why it is so important for companies to use an agent, because they only have one chance to get it right. What evidence does the employer have that they followed the guidelines? It would be easy to prove, if they genuinely tried, because they will have copies of advertisements and emails to agencies etc. Quote Link to comment Share on other sites More sharing options...
Emkay Posted July 25, 2021 Author Share Posted July 25, 2021 Thank you for replying. employer did hire the migration lawyer to attend this matter. Is it that agent could not handle the case? as a proof, they have 4 advertisements including government job active. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 25, 2021 Share Posted July 25, 2021 11 minutes ago, Emkay said: Thank you for replying. employer did hire the migration lawyer to attend this matter. Is it that agent could not handle the case? as a proof, they have 4 advertisements including government job active. If the employer already has a migration agent, then they should be offering advice on this. Quote Link to comment Share on other sites More sharing options...
paulhand Posted July 26, 2021 Share Posted July 26, 2021 4 hours ago, Marisawright said: If the employer already has a migration agent, then they should be offering advice on this. Yep, they should … LMT is very strictly policed. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted August 2, 2021 Share Posted August 2, 2021 On 25/07/2021 at 18:16, Emkay said: About me: Onshore Applicant - On a Bridging VISA for 482 TSS [Medium Skill Shortage] About Employer: Large scale Australian business Nomination for Role: Engineering role Hi all, I really need help and guidance regarding below. Issue: My employer’s nomination has been rejected stating below reasons: 1. DHA says – attempts to hire Australian Employee or PR holder were paper based only. No efforts were made by employer to give an opportunity to local candidate. That implies, LMT was not genuine. 2. No new singed contract has been submitted till date – Employer saying delay with contract was due to Covid-19 restrictions in NSW that occurred in last few weeks as Most of the HR staff working from home and No CEO available to sign the paperwork. 3. DHA has given option to go to AAT. 4. I’ve been given 21 days to provide response regarding my application. Questions: 1. Can I still stay and work for the employer if their nomination has been rejected due to above reasons? I am on a bridging Visa that I got when applied for 482 VISA. 2. What are my options? And does it seem fair that DHA rejected the nomination without asking for much information as employer has followed all the necessary LMT guidelines. 3. If we withdraw visa application will there be a refund or need to pay total fees again – which is around $5000 [appx.] 4. Will it be possible to prove LMT was genuine or very hard? It was a genuine as employer tried really hard to find replacement. 5. What are the chances of winning we are looking at in this scenario? 6. Any other suggestions? Please add. Thank you in advance. Really appreciate the response and guidance in the matter. If you already have an Agent handling your case, you should speak with them as they will know the specifics of your matter. LMT requirements are very strict and specified by the Regulations. There is no leniency if it is not done correctly. Quote Link to comment Share on other sites More sharing options...
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