Staying or Leaving – When Time is Against You

June 5, 2020

FACTS

One of our clients came to our firm with the tightest deadline. Our client wanted to apply for the Employer Nomination Scheme (subclass 186) Direct Entry stream. The “Direct Entry” stream requires a positive skills assessment. Our client explained her previous lawyer from a known firm applied for a skills assessment. However, the skills assessment was unsuccessful. After reviewing the client’s instructions, we noted that there was very little time left for them to apply for the Direct Entry stream. This is because at time of application, the Applicant must be under 45 years of age. Our client had less than a month to challenge the skills assessment outcome and appeal the decision for a positive outcome, before being able to proceed with their 186 visa application.

IMMIGRATION SOLUTIONS

When our client came to Immigration Solutions Lawyers (ISL) they were concerned about the time limit on proceeding with their 186 visa. The client was frustrated that their first skills assessment came back negative and were very concerned about the prospects of success for a reassessment. The client explained that they had already settled in Australia and were married with children. Our client told us that this was their last chance to stay in Australia as a permanent resident and did not wish to be away from their family or return to their home country to start their life again.

ISSUES

We note that our client was applying for the Direct Entry stream since they were turning 45 years old in less than a month. The applicant was on a Temporary Skill Shortage visa (subclass 482) with a nominated occupation for Management Consultant (ANZSCO 224711). Note that once an applicant chooses a nominated occupation this cannot be changed. Had our client been younger, they could have simply opted for the “Transition Stream” however this was no longer an option and the only way our client could get permanent residency, was to apply for a reassessment. After we reviewed the refusal letter and application, we noted some issues with how the first skills assessment was prepared. We noted that our client had a broad range of experience in financial services. The case officer had concluded that the applicant was more suited for a managerial role due to the level of seniority that the applicant had in their previous roles. As such, the only way forward was to apply for a reassessment and to rebuke the refusal with a detailed submission.

RESOLUTION

At ISL we endeavor to provide clients with the most streamlined pathway to permanent residency.  The tight deadline for this matter demonstrated that ISL will stay focused and vigilant in meeting even the toughest deadlines. Reassessments of skills assessments can take months to process. However, the team at ISL managed to get an outcome for our client within two weeks. To the great relief of our client the reassessment was successful. The team at ISL work extremely hard to ensure that our clients have a successful outcome, even where the prospects and timeframes are slim. This case is yet another example of the professionalism that the team at ISL have in dealing with even the most stressful applications.

CLIENT’S GOOGLE REVIEW COMMENT

Taraneh and Sarah are nothing short of miracle workers. They helped me after a previous migration agent had submitted incorrect work experience details to the skills assessment body for management consulting. l had to appeal the original decision with very little time to spare. At first I was worried that I would spend a lot of money and not get the results I was looking for, but with the professional and thorough approach taken by the team, I was able to submit an appeal with strong rationale for an overturned decision. Be prepared to do the work as asked for. Rest assured they will be honest with you about your chances of success and do their best to get you there!

Disclaimer: The information provided is not legal advice and is not intended to serve as legal advice. Immigration Solutions Lawyers do not accept any liability for any damages suffered by persons who rely on the general information provided on this website. Liability limited by a scheme approved under Professional Standards Legislation.