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  • Business Plans for 188 Business and Investment Visa

    Key Requirements of Business Plan for 188 Visa Application

    The Significant Investor Visa (SIV) is an Australian visa program that provides a pathway for high-net-worth individuals to obtain permanent residency by making a significant investment in Australia. As part of the visa application process, applicants are required to submit a comprehensive business plan outlining their investment strategy and how their investment will contribute to the Australian economy.

    Here are some key elements to consider when preparing a business plan for the Significant Investor Visa:

    1. Executive Summary: Provide a concise overview of your investment strategy, highlighting the key aspects of your business plan.
    2. Introduction: Introduce yourself and provide background information about your business experience, investment history, and relevant qualifications.
    3. Investment Strategy: Detail your investment strategy, including the sectors or industries you intend to invest in. Discuss your rationale for selecting these sectors and how your investments align with the Australian government’s economic goals.
    4. Investment Allocation: Specify the allocation of your investment funds across different asset classes, such as venture capital, private equity, real estate, or funds investing in Australian securities. Justify your allocation strategy and demonstrate a diversified investment approach.
    5. Economic Impact: Outline how your investments will contribute to the Australian economy. Discuss the potential job creation, innovation, and economic growth that will result from your investments.
    6. Business Management: Explain how you will manage your investments and ensure their long-term success. Discuss your expertise, experience, and any relevant partnerships or professional networks that will support your investment activities.
    7. Risk Management: Identify potential risks associated with your investment strategy and explain how you will mitigate them. Address issues such as market volatility, regulatory changes, and operational risks.
    8. Financial Projections: Provide financial projections that demonstrate the expected return on investment, cash flow forecasts, and any other relevant financial metrics. Use realistic assumptions and provide supporting documentation to validate your projections.
    9. Exit Strategy: Outline your exit strategy for each investment. Explain how you plan to divest or liquidate your investments and potentially reinvest in other opportunities.
    10. Compliance and Reporting: Demonstrate your understanding of Australian regulations and reporting requirements. Outline how you will ensure compliance with all legal and regulatory obligations related to your investments.
    11. Supporting Documents: Include any supporting documents that validate your investment strategy, such as market research reports, financial statements, reference letters, or partnership agreements.

    It’s important to note that the specific requirements and guidelines for the business plan may vary, so it’s recommended to refer to the official documentation provided by the Australian government or consult with a qualified professional to ensure compliance.

    Developing a well-structured and detailed business plan that showcases your investment strategy, economic impact, risk management, and compliance measures will strengthen your Significant Investor Visa application and demonstrate your commitment to contributing to the Australian economy.

    Significant Investor Visa Business Plan Example Structure

    While the following is an example outline of a Significant Investor Visa business plan, it’s important to note that each plan should be tailored to your specific investment strategy, experience, and circumstances. Here is a general structure you can use as a starting point:

    1. Executive Summary:
    • Briefly introduce yourself and your investment objectives.
    • Provide an overview of your investment strategy and the sectors you plan to invest in.
    • Summarize the expected economic impact of your investments on Australia.
    1. Introduction:
    • Provide background information about yourself, including your qualifications, business experience, and investment history.
    • Explain why you are interested in investing in Australia and your motivation for obtaining the Significant Investor Visa.
    1. Investment Strategy:
    • Describe your investment strategy in detail, including the sectors or industries you plan to invest in.
    • Explain the rationale behind your investment choices and how they align with the Australian government’s economic goals.
    • Discuss any specific investment themes or strategies you will employ, such as technology, real estate, or renewable energy.
    1. Investment Allocation:
    • Specify how you plan to allocate your investment funds across different asset classes.
    • Discuss the percentage of funds allocated to venture capital, private equity, real estate, or funds investing in Australian securities.
    • Justify your allocation strategy and demonstrate a diversified investment approach.
    1. Economic Impact:
    • Explain how your investments will contribute to the Australian economy.
    • Discuss the potential job creation, innovation, and economic growth that will result from your investments.
    • Highlight any specific projects or initiatives that will have a significant impact on local communities.
    1. Business Management:
    • Outline how you will manage your investments and ensure their long-term success.
    • Discuss your expertise, experience, and any relevant partnerships or professional networks that will support your investment activities.
    • Explain how you will actively monitor and evaluate the performance of your investments.
    1. Risk Management:
    • Identify potential risks associated with your investment strategy and explain how you plan to mitigate them.
    • Address risks related to market volatility, regulatory changes, geopolitical factors, and operational challenges.
    • Detail any risk management strategies or contingency plans you have in place.
    1. Financial Projections:
    • Provide financial projections that demonstrate the expected return on investment, cash flow forecasts, and other relevant financial metrics.
    • Use realistic assumptions and provide supporting documentation to validate your projections.
    • Discuss any exit strategies or plans for divesting your investments.
    1. Compliance and Reporting:
    • Demonstrate your understanding of Australian regulations and reporting requirements.
    • Outline how you will ensure compliance with all legal and regulatory obligations.
    • Discuss your commitment to transparent and accurate reporting of financial and operational performance.
    1. Supporting Documents:
    • Include any supporting documents that validate your investment strategy, such as market research reports, financial statements, reference letters, or partnership agreements.
    • Attach any relevant certifications or licenses that demonstrate your qualifications and eligibility for the Significant Investor Visa.

    Remember, this is just a general outline, and you should customize your business plan to reflect your unique investment strategy and circumstances. It’s crucial to seek professional advice and consult with an immigration lawyer or business consultant experienced in the Significant Investor Visa program to ensure your business plan meets all requirements and effectively presents your investment intentions.

  • How to write your Training Visa 407 Training Plan

    About Training Visa (subclass) 407

    Our winning approach for over 12 years!

    The 407 Training Visa (previously known as the Temporary Activity Visa – Training and Research Stream) is an Australian visa that allows individuals to undertake occupational training or professional development activities in Australia. To prepare your own training plan for the 407 Training Visa, you can follow these general steps:

    1. Identify your training objectives: Determine the specific skills or knowledge you aim to acquire or develop during your training period in Australia.
    2. Research training providers: Where classroom / course content is required, search for appropriate organizations, institutions, or companies in Australia in the area of your intended employment that offer training programs relevant to your objectives. Ensure that the training provider is registered and approved to offer training for the 407 visa.
    3. Contact potential training providers: Reach out to the training providers to discuss your training goals and requirements. Inquire about the programs they offer, their duration, and any prerequisites or entry requirements.
    4. Customize your training plan: Based on your objectives and the available training programs, work with the training provider to develop a customized training plan. The plan should outline the specific activities, tasks, and projects you will undertake during your training period.
    5. Include a schedule: Create a schedule that outlines the start and end dates of your training program, as well as the duration of each training activity or module. Ensure that the total duration of the training plan meets the requirements of the 407 visa, which is typically up to two years.
    6. Define learning outcomes: Clearly define the learning outcomes or competencies you expect to achieve by the end of each training activity. This could include specific skills, knowledge areas, or professional standards you aim to acquire.
    7. Provide details on supervision and mentoring: Describe the level of supervision and mentoring you will receive during the training program. This could include the name and qualifications of your supervisor or mentor, as well as the frequency and nature of their involvement.
    8. Include a budget: Outline the financial aspects of your training plan, including details on any fees or costs associated with the training program, accommodation, transportation, and living expenses. It’s important to demonstrate that you have sufficient funds to support yourself during your stay in Australia.
    9. Write a statement of support: Prepare a statement explaining why the training program is important for your career development and how it aligns with your long-term goals. This statement should demonstrate your commitment to completing the program and returning to your home country at the completion of your training program.
    10. Review and finalize: Review your training plan to ensure it meets all the requirements and guidelines set by the Australian Department of Home Affairs. Make any necessary revisions and finalize the plan before submitting your visa application.

    Remember that the specific requirements for the 407 Training Visa may vary, and it’s important to consult the official Australian government website or seek professional advice for the most up-to-date and accurate information.

    Things to Note

    Note: Your Training Plan is written for an audience of 1!

    The purpose of the training section in the training plan for the 407 Training Visa is to provide a clear explanation of the objectives and benefits of the training program for both the trainee and the sponsoring organization. Here’s an example of how you could structure this section:

    Purpose of the Training:

    The purpose of this training program is to [insert purpose based on the nominated stream]:

    • Stream One: Meet specific registration or licensing requirements
    • Stream Two: Improve skills in an eligible occupation
    • Stream Three: Capacity building overseas
    [Provide a brief description of the purpose and objectives of the training program, tailored to the nominated stream. For example:]

    For Stream Two – Improve skills in an eligible occupation: The purpose of this training program is to enhance the trainee’s skills and knowledge in the field of [insert eligible occupation]. By participating in this program, the trainee will acquire advanced techniques, industry best practices, and specialized expertise that will contribute to their professional growth and proficiency in their occupation.

    Benefits for the Trainee:

    The trainee will benefit from this training program in the following ways:

    1. Skill Enhancement: The program will provide the trainee with an opportunity to develop advanced skills and knowledge in their chosen field. This will enable them to expand their expertise and stay updated with the latest industry trends and practices.
    2. Career Advancement: The training program will have a positive impact on the trainee’s professional development and career prospects. It will equip them with the necessary skills and qualifications to take on higher-level roles and responsibilities within their occupation, both in their home country and potentially internationally.
    3. Knowledge Transfer: Upon completion of the training program, the trainee will be able to share their newly acquired knowledge and skills with their colleagues and subordinates. This will contribute to the overall growth and improvement of the organization.

    Benefits for the Sponsoring Organization:

    Our organization will benefit from this training program in the following ways:

    1. Enhanced Service Quality: The trainee’s participation in the program will enable them to acquire advanced skills that can be directly applied to our operations. This will result in an improved service quality for our customers, as the trainee will be equipped to handle complex tasks and provide more specialized assistance.
    2. Internal Skill Development: The trainee’s enhanced skills and knowledge will allow them to train and mentor junior employees within our organization. This knowledge transfer will foster a culture of continuous learning and professional development, benefiting the growth and performance of our entire workforce.
    3. Competitive Advantage: By investing in the professional development of our employees, we aim to strengthen our competitive position in the market. The trainee’s expanded skill set will contribute to our organization’s ability to offer a broader range of services and meet the evolving needs of our customers.

    Remember to tailor the purpose and benefits of the training program to your specific situation and nominated stream. Provide specific examples and articulate how the training program will contribute to the trainee’s growth and the organization’s objectives.

    Position Description and Suitability are Essential

    Describe the Position

    The training plan should include a brief description of the nominated position, including duties and tasks, and explain how the position fits within your business. In particular, you must specify:

    • which eligible occupation the nominated position relates to; and
    • which relevant Australian and New Zealand Standard Classification Occupation (ANZSCO) code the position falls under.

    For example, if the nominated position is for a software engineer, this occupation is on the Medium and Long-term Strategic Skills List with a corresponding ANZSCO code of 261313. Therefore, the skills and tasks outlined in your position description should be consistent with those under ANZSCO code 261313.

    To support this, you could provide job descriptions for the position the nominee is currently employed in and the position the nominee intends to train for.

    Demonstrate the Nominee’s Suitability

    It is important to demonstrate that the nominee has the skills, qualifications, and experience required for the nominated role. In particular, if you are nominating someone under stream two, you must show that:

    • the nominee has at least 12 months of full-time experience in the same or related role; and
    • the experience was gained within the last 24 months before lodgement of the nomination.

    For example, you may include a table outlining the key positions that the nominee has held in the business and are relevant to the nominated position. You could also refer to the nominee’s resume to demonstrate the qualifications and skills they bring to the role.

    Skills Gap Audit and Analysis

    In addition to demonstrating the nominee’s suitability for the role, you will need to provide an assessment of the:

    • nominee’s current level of skill in a relevant role;
    • core skills the nominee currently lacks; and
    • skills and knowledge to be gained in the training role.

    This analysis will be carefully assessed by the DOHA officers and should form the basis of your training plan. Even where your nominee has worked for your business for several years, you will need to explain how the nominee will develop and progress to the nominated occupation.

    Tailored Tasks and Outcomes

    NOTE: Do NOT use generic or templated plans – Nomination will fail!

    Training Tasks:

    In the training plan, it is essential to outline the specific tasks or modules that the nominee will undertake during the training program. The tasks should be designed to increase in difficulty and complexity over time, allowing the nominee to progress and develop a higher level of skills. See the example table that can be included in the training plan below.

    In the table below, you can include the description of each task or module, the nominee’s current skill level, the required skill level, the delivery method of the task (e.g., on-the-job training, classroom training, practical exercises), the assigned supervisor or trainer, the duration of the task, the start and completion dates, and the status of each task.

    Training Outcomes:

    The training plan should also clearly identify the outcomes that the nominee will achieve upon completion of the training program. These outcomes should be aligned with the objectives of the training and demonstrate the enhanced or additional skills the nominee will gain. Additionally, you can specify the tasks or duties the nominee will become competent in after completing the training. The specific outcomes will depend on the nature of the training program and the nominated position.

    Key Takeaways:

    Preparing a comprehensive training plan is crucial for the subclass 407 training visa application. Ensure that the plan includes:

    • Clear and progressively challenging training tasks or modules.
    • A separate table or schedule outlining the description, delivery method, supervisor, duration, start and completion dates of each task.
    • Training outcomes that highlight the enhanced or additional skills the nominee will gain and the tasks or duties they will become competent in.

    Remember to tailor the training plan to your specific circumstances and the requirements of the nominated stream. Providing a well-structured and detailed training plan will strengthen your visa application and demonstrate the genuineness of the training opportunity.

    Sample Table

     

    Task Description Current Skill Required Skill Training Delivery Method Supervisor Duration Start Date Completion Date Status
    Task 1 Description of the first training task or module Basic Intermediate On-the-job training John Smith 2 weeks 10/07/2023 24/07/2023 In Progress
    Task 2 Description of the second training task or module Intermediate Advanced Classroom training Sarah Johnson 1 week 31/07/2023 07/08/2023 Planned
    Task 3 Description of the third training task or module Intermediate Advanced Practical exercises David Thompson 3 weeks 14/08/2023 04/09/2023 Planned
    Task 4 Description of the fourth training task or module Advanced Expert Mentoring and shadowing Emily Wilson 4 weeks 11/09/2023 09/10/2023 Planned

     

  • Training Plan Tips and Common Mistakes

    Trainng Type

    A Team That Loves to Create

    The 407 Training Visa Training Plan is a document that outlines the training program that a foreign national intends to pursue in Australia under the 407 Training Visa. This plan should demonstrate that the proposed training program will provide the trainee with skills, knowledge, or practical experience that is not available in their home country, and that it is relevant to their professional development.

    The training plan should include the following information:

    1. Personal information of the trainee, including their name, address, and contact details.

    2. The objectives of the proposed training program, including the skills, knowledge or practical experience the trainee expects to gain.

    3. Details of the proposed training program, including start and end date, location, and the name and contact details of the training provider.

    4. The level of supervision the trainee will receive during the training program.

    5. The proposed activities that the trainee will undertake during the training program.

    6. The resources that will be provided to the trainee during the training program, such as access to equipment, software, or other training materials.

    7. The expected outcomes of the proposed training program, including the benefits the trainee and the Canadian economy will receive from the training.

    Overall, the 407 Training Visa Training Plan is an essential document in the application process for a 407 Training Visa, and it needs to be detailed, well-structured, and persuasive, demonstrating the trainee’s potential to succeed in the proposed training program.

    Common Training Plan Mistakes

    Keep It Simple

    Common mistakes made when drafting Training Visa 407 Training Plans are typically failing to adhere to requirements set down in the Migration Regulations. The most common mistakes are identified below.

    1. Not setting clear training goals: Without clear goals, case officers may not be satisfied time and resources on training will deliver the desired results.

    2. Failing to tailor training to individual needs: Case officers assess the Training Plan against identified training needs, so failing to tailor the training to individual needs may lead to nomination refusal.

    3. Overloading the Plan with irrelevant information: Providing too much irrelevant information will give the writer the perception that excessive detail will make a better plan, however if not addressing criteria, the plan could fail.

    4. Not offering enough practical application: Failing to provide detail on the practical aspects of training may fail to adequately demonstrate how the nominee is to acquire new skills.

    5. Seeking employer feedback: Feedback from employers can provide valuable insights and help improve training plan authenticity.

    6. Overemphasizing theory over practical skills: While theory is important, practical skills are necessary for nominee’s to apply their knowledge and skills in the workplace.

    7. Highlight refreshing of skill-sets: Training visa nominees require basic experience in the occupation. The Plan needs to highlight how the skills are to be refreshed.

  • 407 Visa Training Plan

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      With over 15 years experience, and regular industry feedback from migration agents and lawyers, training plans are strengthened continually against Departmental approaches to nomination application assessments.

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    About 407 Visa Training Plan

    Training visa 407 is for ‘on the job’ or classroom based training and skills development. Companies and government departments, Australian and international, are eligible to nominate trainees.

    There are 3 types of nomination for Training Visa 407:

    • Type 1: Training for professional or trade registration
    • Type 2: Workplace training for skill development
    • Type 3: Training for capacity building overseas (3 subcategories):
      • overseas qualification (subcategory a)
      • government support (subcategory b)
      • professional development (subcategory c)

    Caveats and Eligibility

    • Sponsor must provide occupational training directly to Training Visa 407 holder.
    • Visa applicants can be in or outside Australia.
    • Length of visa grant is 2 years maximum, however grant period reflects training program.
    •  ‘Functional’ English minimum requirement (ie IELTS 4.5).
    • Family and dependents can be included on application.
    • Family and dependents can be added after visa is granted.
    • 3 stage application: Standard Activities Sponsor; Nomination; Visa.
    • Trainee can be paid a standard wage, or an agreed salary for duration of program.
    • Trainee can undertake training as volunteer.
    • Trainee Visa 407 can be used to obtain licensing registration for TSS visa application.
    • Training Visa 407 applicant work experience in nominated role can range from 0 to several years.
    • Visa applicant must at least have some formal training or qualification in the nominated occupation.
    • Multiple lodgements by one sponsor or generic training programmes may be flagged for refusals.
    • Occupations are limited to relevant occupation list.
    • Visa holders can change sponsors, however new sponsor must already be approved.
    • Change in occupation is possible, but requires new nomination and visa application.

    Individually Structured Training

    As an employer considering Training Visa 407, training needs analysis is recommended.

    Training should be structured to the training needs of the nominee. Training needs analysis and program proposal should be prepared for nomination application.

    Program Proposal should include:

    • Objectives, tasks and timeframes;
    • Delineate practical work activities and instruction and/or observation;
    • Assessment of nominated trainee’s present skill level;
    • Definition of milestones and target skill development;
    • Provide details of appropriately qualified and experienced supervisors (trainers, assessors, etc);
    • Anticipated skills development for the Training Visa 407 holder.

    The tasks actually performed should be consistent with program objectives.

    The timeframes for completion of tasks needs to be clear. However, it is advisable to indicate an increase in difficulty and complexity over time.

    Show in particular who the trainee will progress to a higher level skills capability.

    When providing details of supervisor, qualifications and certifications should be explained. Career experience as someone with ‘specialised knowledge’ and experience in the subject area, would ideally be accompanied with a resume.

    Supervisor-to-trainee ratio should be addressed in the training plan. Individualised training is the key, so ensure that this is clearly explained.

    The training proposal should indicate mechanisms for monitoring and assessment. The program does not need to result in formal qualification, however assessment of skills development is important.

    Details of qualifications, if awarded, after completion of training should be indicated.

    The training program should also outline who will deliver any ‘off the job’ training.

  • 407 Training Visa Nominations: Common Reasons for Refusal (PART I)

    With many years experience in employer sponsored application case management, Tribunal appeals, Departmental appeals, and nomination re-applications (on previously refused nominations), I have come across all possible grounds for nomination refusal.

    Some of these are the same for nomination application refusals in general, but others are unique to Training Visa nomination refusals.

    At the time of writing, nomination refusals are at record high (according to internal figures in the Department). Case officers are trained to identify any ground for refusal, and if one – even slightly – can be determined, a refusal will result.

    There are cases I have seen in which a ‘benefit of the doubt’ consideration could have been given to the. applicant, was not and the case officer harshly took the side of refusal.

    It is essential therefore that ALL criteria outlined in the Regulations are properly addressed in the nomination application. This includes aspects of the Regulations that need to be addressed in the training plan, training agreement, supporting submissions and corroborating evidence.

    Bringing all this together to effectively minimise risk of refusal, you need to understand the relevant section of the Regulations and to be sure they are sufficiently addressed with corroborating evidence.

    As a general overview, I summarise the key grounds of 407 Training Visa nomination application refusal as follows.

    • Appearance of a work visa application
    • Defective training plan
    • Failure to address Migration Regulation criteria
    • Contradicting statements
    • Lacking or inappropriate documentary evidence
    • Failure to refer to competence points in Nominee’s work or study history

    Got a question or seeking assistance?

    Appearance of work visa application

    Some case officers form a view that the nomination application is ‘seeking a work visa by another means’. In short, they are stating the proposed training is not genuine but is rather a means to simply provide a low cost alternative to a TSS visa.

    Case officers arriving at this conclusion typically refer to omissions or contradictions in the training plan, agreement or statements and claims made in the application.

    Most importantly, case officers may refuse a 407 Training Visa nomination on this ground where the inadequacies of the training plan or corroborating evidence fail to provide sufficient basis for the training requirement.

    This risk can be minimised by ensuring a tight consistency of supporting documents, submissions and application statements and claims. The efficacy of supporting evidence will also assist in strengthening the application and containing this risk to application.

    As noted elsewhere, the high risk to application success from training plan writers with little or no familiarity with the Migration Regulations will not be able to bring together the disparate aspects of nomination application requirements to adequately address ALL relevant decision making criteria used by the case officers.

    Defective Training Plan

    Case officers refusing 407 Training Visa nomination applications mostly refer to elements of the training plan as reasons for basing their decision.

    Training plan elements are extensively defined for case officers. The various elements act as a checklist against which applications are assessed. Only one of those elements needs to be missing, omitted or poorly defined for the case officer to make an adverse decision and refuse the nomination. 

    Some defective training plans fail, for example, to expand on the context of training for addressing elements of skill attributes in the Nominee’s work or study history. The rationale for the proposed training structure and approaches are also critical elements of the training plan that case officers look for when weighing the regulatory compliance of the training plan submitted with application.

    Training plan service provider is key to the provision of a robust training plan that meets ALL criteria in relevant Migration Regulations provisions. Training organisations and offshore writers, for example, will fail to comprehend this essential aspect of training plan compilation. This is clearly a case of buyer beware.

  • Send us your resume and we will assess your eligibility.

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  • Why are nomination refusals on the rise?

    Why are nomination refusals on the rise?

    Internal departmental figures show nomination refusals on the rise. Sharply in fact. 

    Nomination applications for TSS 482, ENS 186 and RSMS 187 are affected.

    Reasons for refusal are broad but are generally the result of a more strict application of assessment  criteria under the Migration Regulations (1994). 

    Appealing the decision through the Administrative Appeals Tribunal (AAT) is permitted under the Regulations. 

    However, this is time consuming and another cost impost for employers. 

    In some select cases, interim appeal can be made before application to the AAT. It must be made immediately after or close to day of decision. 

    Emergency interim appeal is possible. However, there are strict conditions applied before appeals are accepted. Contact us with refusal decision record and we can advise.

     If your nomination refusal is eligible for interim appeal, you can appeal whilst AAT application is lodged or has been lodged, but not before date of hearing is set. 

    Most common reasons for nomination refusal: 

    • Broader economic factors surrounding the business, such as whether the industry in which it operates is in decline.
    • Average or above-average unemployment in the nominated occupation.
    • The business has recently laid off employees in the nominated or similar roles.
    • The business has recently reduced hours of operations.
    • Other employees in the business have experienced a reduction in pay and conditions (note, the ATO and DIBP databases are increasingly linked to cross check business activities).
    • The business is small and employs a number of 482 visa holders or other temporary visa holders, and there are no, or few, Australian employees.
    • Management positions nominated at the lower end of the market salary rate according to industry standards.
    • The nominated occupation is generic in nature (the department identifies Marketing Specialist, Program or Project Administrator, Specialist Manager NEC).
    • The business is an overseas entity sponsoring a visa holder through an associated entity.
    • The business sponsor is an overseas entity with newly established branch in Australia but nominated role is not suited to establishing the Australian business and to be responsible for operations of the business in the short to medium term.
    • Inconsistent information about tasks performed in the role and those on the nominated occupation as defined by ANZSCO description.
    • The list of tasks provided in the application form has been substantially copied from the ANZSCO dictionary into the application form or job description.
    • The business wishes to nominate a General Manager and is an import/export business with no employers other than directors.
    • The business relies on rental income from domestic properties (for example, renting rooms to overseas students).

    For more on this, read VISAFAQ published article. 

    Post your Traineeship, Internship or sponsored role. 
    

    
			
    
		
    
		
	
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    Nomination Application Refusals TSS 482 Visa – What can you do?
    
			
    

    

    

    

    

    BEWARE: NOMINATION APPLICATION REFUSALS SPIKED SINCE AUGUST 2018 CHANGES!
    

    

    Nomination refusals for TSS have spiked dramatically under recent changes.
    

    Many nomination refusal decisions appear to be unreasonable. Others seem punitive.
    

    Grounds for application refusal are most often due to an over-zealous application of migration regulations.
    

    Nomination refusal? What can you do?
    

    The first thing to do is to prepare for appeal.
    

    Nomination refusals can be appealed at the Administrative Appeals Tribunal (AAT).
    

    Emergency appeals can be made through Ministerial delegation, but only on strict conditions.
    

    The is a substantial cost with AAT appeal. There is also a delay before the case goes to hearing.
    

    It is essential for future nominations that a win is secured. In many cases of nomination refusal this is not difficult.
    

    A second nomination application can be lodged.
    

    Even if AAT appeal has commenced, an identical but strengthened application can be made.
    

    Depending on nature of the business and the occupation nominated, alternate short term remedies may be available.
    

    Contact us with a call back request to for advice on your options.
    

    Our migration professionals have extensive expertise in sponsored work and GSM visas.
    

     
    

     
    

    

    

    

    

    

    

    

    Had a TSS nomination refusal?
    

    

    Request a call back from a registered migration professional.
    

    Our migration professionals have extensive experience with nomination applications and AAT appeals.
    

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    Cook jobs with sponsorship Australia
    
			
    

    

    

    

    

    

    Cook jobs with sponsorship are available across Australia.
    

    Cook jobs with sponsorship include temporary stay and permanent residence options.
    

    Cook jobs in major metropolitan centres such as Sydney, Melbourne, Brisbane and Perth provide for temporary visas only.
    

    Temporary visas include TSS 482 and Training 407 visas.
    

    Permanent residence visa option is available with RSMS 187 visa.
    

    

    

    

    

    

    

    
			
    
		
    
		
	
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    Refund of Nomination Application Fee verses Cost Recovery?
    
			
    Migration Regulation provides for refunds of nomination fee paid in relation to nominations made by standard business sponsors or parties to a labour agreement under a limited set of circumstances. These circumstances are outlined below.
    

    Where a nomination application has been refused and refunds are not given, funds can be recovered. There are a number of ways for costs to be recovered but each of them require dealing with independent bodies outside of the Department. Cost recovery approaches are a case by case matter and the means of achieving costs recovery will depend on the nature of application refusal. Contact us for review of your case. 
    

    Refund of nomination application fee amounts may occur where a written request has been made by the person who paid the nomination fee. The fee may also be refunded where the delegate considers it is reasonable in the circumstances to refund the fee without receiving a written request.
    

    The refund of the fee must only be made to the person who paid the fee. It can be made in Australian currency, or the currency in which the fee was paid.
    

    Refund due to mistake made by the Department
    

    Nomination fee may be refunded where the nomination application was made because of a mistake by the Department.
    

    For example, there may be isolated cases where the Department grants a subclass 482 visa for the wrong period of time or with the wrong visa conditions. The Department then requires the sponsor and visa holder to lodge another nomination and visa application to remedy the mistake. The new nomination application would be attributable to the Department’s mistake in this case and the fees would be refunded.
    

    Refund party to a labour agreement
    

    The regulations provide that the nomination fee for a pending application may be refunded where nomination application is withdrawn before a decision is made because:
    

      

    • the nominated occupation is not included in the relevant labour agreement; or
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    • the number of nominations permitted for the yearly ceiling has been reached.
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    Refund due to incorrect SAF levy payment
    

    Regulations provide that the nomination fee and contribution to the SAF may be refunded where the nomination is withdrawn because the information in the nomination used to work out the nomination training contribution charge was incorrect.
    

    Refund due to sponsorship application withdrawn or refused
    

    Regulations provides that the nomination fee and contribution to the SAF may be refunded if the nomination is withdrawn because the person has withdrawn their application to be approved as a standard business sponsor or their sponsorship application is refused.
    

    Refund due to labour agreement not entered into
    

    Regulations provides that the nomination fee and contribution to the SAF may be refunded because the person withdraws the nomination, as their requested labour agreement is not entered into.
    

    Refund due to visa application being refused on certain grounds
    

    Regulations provides that the nomination fee and contribution to the SAF for an approved nomination may be refunded if the related TSS visa application is refused under s501, s501A or s501B of the Act or because the visa applicant did not satisfy public interest criterion (and the visa application has been finally determined). Under policy, the Department would generally only refund the SAF contribution in this scenario because the nomination fee is a fee for service and the service (processing of the nomination) has been provided.
    

    Refund failure to commence employment
    

    Regulations provides that the nomination fee and contribution to the SAF for an approved nomination may be refunded if a TSS visa is granted on the basis of the nomination and the visa holder fails to commence employment in the position associated with the nominated occupation. Under policy, the Department would generally only refund the SAF contribution in this scenario because the nomination fee is a fee for service and the service (processing of the nomination) has been provided.