Its always hard to stop that immediate anxious response caused by a decision of Australian immigration refusing an application, even when it forms part of a well thought out and necessary strategy. Case in point – a refusal of an employer nomination application for a 407 training visa where a subclass 482 visa nomination had also been considered.
The applicant had no formal qualifications but many years of related experience to the nominated role of sales manager. He also had been working in the sales manager role for the employer for 3 years on a student visa. Anyone who knows the related 407 training visa may say we didn’t understand applicable law and policy, that the refusal was a certainty due too much experience in the role and industry and therefore no need for training. This was the essence of the refusal decision, the case officer finding that the nominated employee should be at the skill level of manager already and this was evidenced by him working in the role for the company effectively as a sales manager for 3 years.
However, given the facts of the case and my years of experience in preparing and arguing all Australian visa applications including training visas, the refusal was well received by me and by my client once communicated to them. An appeal would be lodged, submissions made acknowledging the role as that of a sales manager and accepting the finding that the 3 years work on the student visa was at the skill level of a sales manager. While awaiting the appeal, the nominated employee would continue working in Australia on a bridging visa in his sales manager role which, had been recognised as that of a sales manager by the Minister through his delegate.
It is the case that Australian visa appeals are currently taking 2-3 years to be heard and finalised and, given the finding of the case officer, by this time the applicant will have met the level of experience required to succeed in a subclass 482 4-year sponsored work visa. Once the 482 experience level is achieved, noting the employee has no formal qualifications, we will lodge the 482 nomination and once it is approved, lodge a 482 visa (outside of Australia) and use the remaining time while on appeal to continue working in Australia until the 482 visa is approved. Job done, case closed!
It is the business case that should drive strategy on all Australian working visa applications. If a refusal is possible or likely, that does not mean a way forward can’t be found or opportunities developed over time. Its applying our exceptional working knowledge of Australian migration law to business needs and the circumstances of the nominated employee that stands Turner Coulson out from the crowd and achieves business solutions where others won’t even try.
So give us a call at Turner Coulson on +61 02 9222 1545 for a preliminary chat at no cost and if we then think we can help and you want us to we can look to book a consultation.
