Subclass 186 Nomination and Visa Approval.
The Company who was in the I.T Sector, who wanted to Nominate their current employee under the occupation of Computer Network and Systems Engineer. The Nominator lodged a Subclass 186 Nomination Application, which was refused due to the Nominator’s financial loss which was not adequately addressed. The Subclass 186 (Direct Entry Stream) Visa Applicant then received notification form the Department that their Visa may be withdrawn given the refusal of the employer’s Nomination Application.
The Employer was then advised by their previous Legal Representatives to lodge a review for the Nomination Application to the Administrative Appeals Tribunal.
The complexity of this Nomination Application and Visa Application Matter came from the Company’s financial difficulties and the timeframe to withdraw and lodge a new Subclass 186 Visa Application for the Applicant to ensure he does not remain in Australia unlawfully. An additional obstacle was the timeframe to which the Administrative Appeals Tribunal Matter would be finalised, which would delay the process overall, and should the Visa Application receive the Visa Refusal, in the process of waiting for the Company’s AAT Appeal, the Applicant would then be Section 48 Barred and prevented from lodging a further Subclass 186 Visa onshore.
We advised the Applicant to withdraw their current Subclass 186 Visa Application and prior to their Bridging Visa B cease date, we lodged an entirely new Subclass 186 Nomination and Visa Application. In the new Nomination Application we ensured that there is sufficient evidence that the company is in a stable financial position through updated Financial Documentation, projecting the financial stability in the coming Financial Years and paired this with a compelling submission on the Genuine Need for the position and the negative financial impact it would have on the Company if the position was not filled.
Additionally, we ensured all necessary documentation was provided at the time of lodgement, to ensure that the case officer, was able to review the application promptly.
The Department granted the Company’s Subclass 186 Nomination and the Subclass 186 Applicant’s Visa, and the Visa Applicant was therefore able to become a Permanent Resident. Despite AAT Appeals taking on average over 3 and a half years and 90% of Subclass 186 Applications taking on average 1 year and 2 months, we were able to receive these grants within 9 months of lodgement, by withdrawing the AAT Appeal and lodging new Nomination and Visa Applications which were all frontloaded and decision ready.
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