Visa Type
TSS/Temporary Skill Shortage Visa (subclass 482)
Decision Date
15 Sep 2022
Case Summary
After receiving the rejection letter, we consulted with the client and decided to directly complain to the immigration department. Two weeks after the complaint, the immigration department admitted their mistake. The applicant’s nomination was directly reapproved, and the 482 visa was granted simultaneously.
1. Applicant’s Background:
James graduated with a Master’s in Accounting in Melbourne and worked for a large local company. The employer proposed to sponsor him for a work visa. The employer entrusted us to handle James’s 482 visa from employer sponsorship qualification to completion.
James’s employer had a turnover of over ten million dollars, and despite losses during the pandemic, the overall company situation was good. James had been with the company for over a year. When submitting the application, we provided detailed explanations of the necessity and authenticity of the company-sponsored occupation. However, unexpectedly, we received a rejection letter from the immigration department, stating that the position was not a genuine one.
2. Case Details:
The key to this case was the moment we received the nomination rejection. Typically, most agents would choose to appeal through the AAT to get the nomination approved. However, AAT appeals require a long wait, currently with a waiting period of 2.5-3 years. Directly complaining to the immigration department has a shorter timeframe but requires a thorough understanding of the situation, and actions must be taken quickly to obtain the complaint result in the shortest time possible. We also prepared for the worst, considering the client’s visa was about to expire, and if necessary, we would have to appeal. The complaint processing time ideally should be within the appeal’s validity period.
We comprehensively explained the situation to the client, detailed each point in the immigration department’s rejection letter, and informed the client of the arrangements, routes, and cost considerations for different options. Finally, the client confirmed their choice to submit a complaint.
Within just two days, we reviewed all documents, wrote a detailed submission, and sent a comprehensive complaint to the immigration department, requesting them to quickly reassess the case.
Two weeks later, we received a response from the immigration department, stating that they hadn’t made a mistake and asking us to appeal as soon as possible. We were just sinking into disappointment when, 10 minutes later, we suddenly received a call from the visa officer, saying to disregard the previous email. They had identified the problem and would immediately reassess the nomination application. That afternoon, we received the approval letter for the nomination. The 482 visa was granted the next day.
3. Case Summary
Faced with a complex situation, we approached it with a professional and calm demeanor, leveraging our extensive experience accumulated over many years of handling diverse cases. Prioritizing the client’s interests, while also considering the financial and time costs for the client, we actively sought solutions. In the shortest time frame, we spared the client unnecessary expenses and time costs, securing the rightful benefits for the client and achieving the most optimal outcome.
