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4K views 8 replies 5 participants last post by  JandE 
#1 ·
Hello everybody,

I am one of the many that I've seen on this forum whose nomination was rejected.

- I applied though a migration agent: Nomination for Accountant General

- We had one additional info request to prove that the position was genuine - my understanding was to prove that the position wasn't created to facilitate a visa application and we replied based on the template provided by my agent.

- this got rejected based on the genuine criteria giving the explanation that the business is too small to have an accountant (who decides this?) and that we didn't demonstrate that the business is in expansion. I, personally, wasn't aware that this should be demonstrated and apparently not even my agent.

- this can be appealed because we can demonstrate the business expansion and the need of 1 FTE as accountant even though the business is very small.

Reading here, the appeal is not the only solution available, but we can re-lodge the nomination.

Does anyone know if

1 I have to withdraw the visa application or can I connect it to the new nomination in case of re-lodging?

2 Timing? I am currently on a bridging visa (A),having 21 days to appeal for a merits review. What is the re-lodging of the nomination timing? how much time do I have before my visa application gets withdrawn? Can I still do it if I am on a bridging?

Every little information might help.

Thank you
 
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#2 ·
The Department has been rejecting nominations for accountants in small businesses for some time. The decision is made by the case officer. It is bedt to lodge another nominatiion before you lodge an appeal . If your sponsor believes they can justify the position then you have a chance of winning at the AAT - MR Division.
 
#3 ·
Thank you so much for your clarification.

I was thinking as well that would be better to lodge another nomination before appealing but here I have additional concerns.
If the appeal is not the only option available, re-lodging a nomination procedure is very unclear and I couldn't find anywhere the answers .

1 Do I have to withdraw the visa application or can I connect it to the new nomination?

2 What would the timing be when can I re-lodge the nomination? I am currently on a bridging visa (A),having 21 days(until the 24th December) to appeal for a merits review and when asked my agent if an additional nomination is possible, I have received the following answer:

Re-submission of nomination for same occupation addressing all the issues which led the case officer to refuse the nomination. It is my understanding a new 457 application will also be required.
A new 457 application has the additional issue of your ability to make a new application now that you have been on a Bridging Visa A for more than 28 days and therefore need to satisfy additional regulatory criteria which I believe will not be possible.


My understanding is that I have very limited time, hence: what is the re-lodging of the nomination timing and can I still do it if I am on a bridging?

Thank you very much again
 
#6 ·
These rules for 457 sponsors do make us wonder about this:

must attest that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you have a strong record of, or demonstrated commitment to non-discriminatory employment practices.

You must be able to provide evidence that:
there is a genuine and systemic shortage of skilled workers
there are no suitably qualified Australian workers available
you have a commitment to training Australians.
 
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#7 ·
It seems that, based on your approach, every country should close their borders and employ local labour.

Since there is an off topic wander, I can reply to my case with: company had employed, since its registration as an Australian Business,local labour. Position becomes vacant: the company advertised the position through famous local employment agency.The company conducted various interviews. The company decides that the most appropriate candidate is a foreigner, who doesn't only have a qualification and experience requested, but can also support the business expansion in territories known to the candidate, in the local language. Employer sees an opportunity to expand Australian business and bring additional income inside Australia.

I am sorry for you all being shocked and concerned, but I would much appreciate an "exchange of experience" thread.
 
#8 ·
It seems that, based on your approach, every country should close their borders and employ local labour.

Since there is an off topic wander, I can reply to my case with: company had employed, since its registration as an Australian Business,local labour. Position becomes vacant: the company advertised the position through famous local employment agency.The company conducted various interviews. The company decides that the most appropriate candidate is a foreigner, who doesn't only have a qualification and experience requested, but can also support the business expansion in territories known to the candidate, in the local language. Employer sees an opportunity to expand Australian business and bring additional income inside Australia.

I am sorry for you all being shocked and concerned, but I would much appreciate an "exchange of experience" thread.
No one is saying that we should close borders and things. But what I am saying is that Australia has thousands of unemployed accountants. It is flagged to be removed from the SOL in July as a result.

In which case, it is reasonable to expect a company to look to a local candidate - that is supposed to be the guiding principle of Australian Immigration
 
#9 ·
Your description does 'appear' to fit the terms as described by the rules. A well presented accurate application would normally be accepted, one would think.

The advice given by immigration agent does seem best.

Regarding closing borders etc as you say.
Many countries do just that, in a very detrimental way to people wanting to work there, but Australia has rules that, in general, work well for both protection and sensible immigration.

It would be foolish though for any country to import workers and force equivalent locals onto unemployment
The immigration rules are designed to avoid that.
 
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