Hi. Any advice would be greatly appreciated. Here's my story:
I applied for a 190 visa as a Human Resource Adviser for my husbands business (pawnshop/money changer). I got a positive assessment from VETASSESS. On mid August, we got a visit from an integrity officer from the AU embassy in Manila. I was not in the office during that time. They interviewed one of our employees (head cashier). Our employees doesn't know that we applied for an AU Visa. Below is the explanation why i was not awarded the 10 points for work experience, thus reducing my claimed points from 65 to 55, hence the Visa Refusal.
(1) "On 14 August 2013 this office conducted an investigation into your employment with ____________________. Our officer visited the premises of your employer and spoke to some of the staff attending the shop.
(2) The staff at the shop advised our officers that the shop is a family business and your spouse is the manager of the shop and you assist him in the management of the business including hiring of personnel.
(3) Your staff advised our officers that there are four (4) current employees. Namely: 2 cashiers, 1 filing clerk and 1 ticket writer, all of whom are long term employees.
(4) The staff further advised our officer that you only assist in the management of the business including hiring of personnel. After receiving a phone call the staff changed her information that there are 10 employees but they are not present. The staff advised our officers that staff use time cards to report attendance but later said that the shop keeps a notebook of staff attendance but they are not allowed to show it to anybody.
(5) The next day you contacted our officers and informed them that since they maintain regular employees for many years there is no need to perform personnel tasks on a daily basis. You do not perform the duties the duties and tasks such as study and interpret legislations, collective agreements and employment contracts, developing, planning and formulating enterprise agreements etc.
(6) Based on the information you provided to our officers, together with information collated at the time of visit I have determined that the tasks and duties you performed are closely related of to that of business owner or shop manager ANZSCO 14211 which is not included in the Skilled Migration List and therefore no points are awarded. You do not perform the majority of tasks and duties of a Human Resource Adviser (ANZSCO 14211)."
(2) As per our cashier, she was asked kung ano trabaho ko doon and ang sabi nya ako ang HR adviser and asawa ko ang may ari at manager.
(3) when she was asked kung ilan sila ngayon sa tindahan, sinabi nya 4 sila ngayon na nasa shop
(4) nung tinanong sya kung ano pa ang ibang ginagawa ko, sinabi nya, hindi na nya alam lahat ng ginagawa ko, ang alam lang nya is ako yung nag hire at nag interview at ako din ang nag-aayos ng sss/philhealth, pag-ibig. habang magkausap sila, may tumawag na customer at nagtanong ng rate (as per our cashier). may mga iba pa daw tinanong sa kanya yung officer, kung tuwing kailan ako nadoon at yung asawa ko. during the conversation, i believe na sinabi ng cashier namin na 10 lahat ang employee pero may mga hindi pumapasok, the officer said "ah, awol" (why is it insinuated that after receiving a phone call she changed the number of employees, i believe what happened is that she is informing the officer kung ilan talaga lahat kami sa shop). re: time card, i asked her kung sinabi nya na may ganun kami. our cashier said, ang sinabi nya sa notebook sila pumipirma ng attendance. hindi daw nya sinabi na may time card kami. and nung tinanong sa kanya kung pwede makita, hindi nya pinakita. sinabihan sya ng isa naming staff na nasa back office na bawal magpakita ng records ng business sa ibang tao. (it is our company policy that they are not allowed to show any records or divulge any information about the company and our employees for security reasons). tinanong pa daw sya ng officer kung hindi ko ba sila sinabihan na may dadating from AU embassy, ang sagot ng cashier is hindi po, nagulat nga ako e. i did not inform our employees that we are applying for an AU visa. nung paalis na yung officer and sabi nya sa cashier namin "sorry na lang hindi ko nakausap si madam" as per our cashier sinabi nya ito na parang naka ngiti, parang sarcastic ang pagkakasabi.
(5) i did not inform the officer that there is no need to perform personnel tasks on a daily basis. he asked me if i could honestly say that 99% of my day is spent doing hr tasks, i said no, not 99% of my day. And no, i do not perform this particular task (legislation, collective agreement....) because we are just a small business and our staff does not have a union, therefore no need for this task.
(6) how could he say that my duties is more related to that of a shop manager or business owner, that is my husbands job. and thru that interview, how did he assess that outcome. why would VETASSESS give me a positive assessment if my duties are not fit to that of an HR Adviser.
* most of the tasks i perform is that of an hr adviser. if i remember correctly, during my conversation with the officer he was already insisting that i am more of a shop manager. i honestly do not have any idea how he came up with that assessment. why didnt the case officer contacted me after he was given the report so i could have explained?
any help or input would be greatly appreciated. i refuse to accept this outcome. is there anything i could do? we do not have a mara agent. processed this application on our own
sorry for the long post, i am really stressed for help.
thank you.
Comments
Posts: 1,416Member, Moderator
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Primary Applicant: Wife
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Posts: 326Member
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Construction Project Manager 13311 (Hubby main applicant) 60 points, Visa 189
17 Jul 13 : Positive skills assessment
26 Jul 13 : Submitted EOI
19 Aug 13 : Invitation to lodge visa 189 ( 60 points)
23 Aug 13 : Lodge Visa
30 Aug 13 : Medical ( Sata AMK), wife, 5 yrs old, 1 yr
6 Sept 13 : Medical uploaded (No health examination required)
30 Sept 13 : SG PCC application
22 Oct 13 : SG PCC uploaded
DIRECT GRANT: 30 Oct 2013 (GSM Brisbane T34)
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Posts: 4,336Member
Joined: Feb 24, 2011
Primary Applicant: Wife
Accountant (General): 221111
04 Aug 2012 - IELTS (Academic Module)
07 Aug 2012 - IELTS (Academic Module) Speaking Part
17 Aug 2012 - IELTS Results (L: 8.5 R: 8.5 W: 7.0 S: 7.5 OBS: 8.0)
24 Aug 2012 - CPAA Submitted (docs mailed same day via SG EMS)
25 Sep 2012 - Received +Skills Assessment from CPAA
25 Sep 2012 - Lodged EOI Application with 70pts
30 Sep 2012 - Invited by DIAC to apply for 189 Visa
01 Oct 2012 - Submitted 189 Visa Application
20 Oct 2012 - Medical Examinations
23 Oct 2012 - CO Assigned; Team 7 - SA
05 Nov 2012 - Submitted SG PCC and NBI Clearance
06 Nov 2012 - Visa Granted (IED: 23/10/2013)
03 Apr 2013 - Flight to MEL
03 Jun 2013 - started work
12 Jun 2013 - wife started work
15 Jun 2016 - applied for citizenship
29 Jul 2016 - citizenship examination
20 Oct 2016 - Aussie, Aussie, Aussie Oi Oi Oi!!
Posts: 1,455Member
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Posts: 32Member
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Visa 190
Lodge: May 2013
CO: Last week of May 2013. Team 34 Brisbane
Grant ???
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Posts: 22Member
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HL ang initial ng CO ko, chinese sounding ang name.
Posts: 22Member
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may idea paano mag appeal? hindi ko nga alam bakit hindi ako binigyan ng chance ng CO to explain my side after na receive nya yung report.
Posts: 22Member
Joined: Mar 12, 2012
oo, nagulat nga kami na nag visit sila e. hindi pa ako nakakapag try mag appeal. alam ko kasi ang appeal sa MRT applicable lang sa onshore applicants. We could only appeal thru our sponsor, which is ACT, that is kung papayag sila na mag appeal para sa amin.
i will email the CO regarding the refusal.
Posts: 326Member
Joined: Jun 12, 2013
Construction Project Manager 13311 (Hubby main applicant) 60 points, Visa 189
17 Jul 13 : Positive skills assessment
26 Jul 13 : Submitted EOI
19 Aug 13 : Invitation to lodge visa 189 ( 60 points)
23 Aug 13 : Lodge Visa
30 Aug 13 : Medical ( Sata AMK), wife, 5 yrs old, 1 yr
6 Sept 13 : Medical uploaded (No health examination required)
30 Sept 13 : SG PCC application
22 Oct 13 : SG PCC uploaded
DIRECT GRANT: 30 Oct 2013 (GSM Brisbane T34)
---- Thank you God for this wonderful blessing ----
Posts: 270Member
Joined: Jun 12, 2011
27 March 2013 - EOI Submission
02 April 2013 - SS Approval
09 April 2013 - Invitation to Lodge visa
1 May 2013 - CO allocated
13 May- Medical Submitted
28 May - Police clearance submitted
29 July 2013 ---- VISA GRANT
Trust in the Lord with all your heart, and do not lean on your own understanding. In all your ways acknowledge him, and he will make straight your paths.
Posts: 32Member
Joined: Oct 21, 2013
Sa letter po ba nya may sinabi na final decision and may chance of appealing? Or hinihintay ka nya to explain on the grounds of providing more evidence until certain date?
Visa 190
Lodge: May 2013
CO: Last week of May 2013. Team 34 Brisbane
Grant ???
Posts: 326Member
Joined: Jun 12, 2013
Construction Project Manager 13311 (Hubby main applicant) 60 points, Visa 189
17 Jul 13 : Positive skills assessment
26 Jul 13 : Submitted EOI
19 Aug 13 : Invitation to lodge visa 189 ( 60 points)
23 Aug 13 : Lodge Visa
30 Aug 13 : Medical ( Sata AMK), wife, 5 yrs old, 1 yr
6 Sept 13 : Medical uploaded (No health examination required)
30 Sept 13 : SG PCC application
22 Oct 13 : SG PCC uploaded
DIRECT GRANT: 30 Oct 2013 (GSM Brisbane T34)
---- Thank you God for this wonderful blessing ----
Posts: 32Member
Joined: Oct 21, 2013
Visa 190
Lodge: May 2013
CO: Last week of May 2013. Team 34 Brisbane
Grant ???
Posts: 326Member
Joined: Jun 12, 2013
Medyo matagal naba ung sau?
Construction Project Manager 13311 (Hubby main applicant) 60 points, Visa 189
17 Jul 13 : Positive skills assessment
26 Jul 13 : Submitted EOI
19 Aug 13 : Invitation to lodge visa 189 ( 60 points)
23 Aug 13 : Lodge Visa
30 Aug 13 : Medical ( Sata AMK), wife, 5 yrs old, 1 yr
6 Sept 13 : Medical uploaded (No health examination required)
30 Sept 13 : SG PCC application
22 Oct 13 : SG PCC uploaded
DIRECT GRANT: 30 Oct 2013 (GSM Brisbane T34)
---- Thank you God for this wonderful blessing ----
Posts: 147Member
Joined: Nov 15, 2011
Posts: 22Member
Joined: Mar 12, 2012
team 7 adelaide
Posts: 22Member
Joined: Mar 12, 2012
yes, ni research ko muna yun if the same. i am assuming what i do is comparable sa Aus Standard kasi nabigyan ako positive assessment ng VETASSESS. Thank you for your advice, I will email my CO. Sana lang, i consider nya explanation ko.
Posts: 22Member
Joined: Mar 12, 2012
I think it is a final decision, pero may sinasabi doon na i could appeal sa MRT. Kaya naguguluhan ako, kasi alam ko ang pwede lang mag appeal sa MRT is onshore applicants.
Posts: 326Member
Joined: Jun 12, 2013
Construction Project Manager 13311 (Hubby main applicant) 60 points, Visa 189
17 Jul 13 : Positive skills assessment
26 Jul 13 : Submitted EOI
19 Aug 13 : Invitation to lodge visa 189 ( 60 points)
23 Aug 13 : Lodge Visa
30 Aug 13 : Medical ( Sata AMK), wife, 5 yrs old, 1 yr
6 Sept 13 : Medical uploaded (No health examination required)
30 Sept 13 : SG PCC application
22 Oct 13 : SG PCC uploaded
DIRECT GRANT: 30 Oct 2013 (GSM Brisbane T34)
---- Thank you God for this wonderful blessing ----
Posts: 22Member
Joined: Mar 12, 2012
oo nga e, sobra strict nila, di ko akalain na disadvantage sa akin dahil employed ako sa family business
Posts: 22Member
Joined: Mar 12, 2012
wala sya email before naglabas ng decision. 1st email nya was to ask for additional documents. 2nd email nya decision na. 2 months after ng site visit lumabas yung decision.
Posts: 326Member
Joined: Jun 12, 2013
Sana makapag appeal kapa. Para mahabol ung decision..
Construction Project Manager 13311 (Hubby main applicant) 60 points, Visa 189
17 Jul 13 : Positive skills assessment
26 Jul 13 : Submitted EOI
19 Aug 13 : Invitation to lodge visa 189 ( 60 points)
23 Aug 13 : Lodge Visa
30 Aug 13 : Medical ( Sata AMK), wife, 5 yrs old, 1 yr
6 Sept 13 : Medical uploaded (No health examination required)
30 Sept 13 : SG PCC application
22 Oct 13 : SG PCC uploaded
DIRECT GRANT: 30 Oct 2013 (GSM Brisbane T34)
---- Thank you God for this wonderful blessing ----
Posts: 32Member
Joined: Oct 21, 2013
Visa 190
Lodge: May 2013
CO: Last week of May 2013. Team 34 Brisbane
Grant ???
Posts: 22Member
Joined: Mar 12, 2012
nag lodge ako ng EOI june 10, CO assigned July 23, Site visit August 14, Decision October 15.
additional documents na hiningi nya is additional payslips, org chart, certificate of employment, taxation documents.
honestly feeling ko minalas lang sa CO, may mga nabasa kasi ako sa ibang forum na yung CO namin hindi masyado helpful. kasi may mga ibang CO na nag co-confirm pag natanggap na nila additional documents na hiningi nila and sumasagot sa email pag may tinanong ka. pero sa forum yung CO daw namin hindi nag re-reply.
sana nga ma appeal ko pa, pero alam ko kasi sa MRT pang onshore applicants lang ang pwede mag appeal, pag off shore, sponsor dapat ang mag appeal para sa amin.
Posts: 22Member
Joined: Mar 12, 2012
hi. nag research ako, appeal thru MRT pwede lang pag onshore, pag off shore sponsor ko lang ang pwede mag appeal para sa akin. unfortunately nabasa ko sa ACT website, hindi sila mag a-appeal pag na refuse ng DIAC ang visa application.
ngayon, nagta-try ako maghanap ng MARA agent na magaling sa ganitong situation.
nakaka-frustrate lang na ang reason ko for refusal is more of shop manager/business owner daw ako (as per CO). positive naman assessment ko for hr adviser sa vetassess.
Posts: 82Member
Joined: Oct 24, 2013
My sympathy on your visa refusal.
I'd like to highlight some points how your case officer came up with unfavorable result.
VETASSES is just an assessing body which gives an impartial opinion about the suitability of the occupation you nominated with based on the documents you submitted. DIAC is only the sole agency to validate and even contradict the opinion released by any assessing bodies.
DIAC's case officers don't refuse applicants that easily. They have the so called "Invitation to Comment" where you can rectify any issues that have previously misunderstood, misled, or misinterpreted carried out by all parties involved.
When the Case Officer asked you if:
"You could honestly say that 99% of your day is spent doing hr tasks..."
"You perform , legislation, collective agreement..."
You should have answered YES as those were actually the major tasks of your nominated occupation. A confirmatory answer will satisfy the condition that you really are the HR adviser of your husband's company. If more arguments are to follow, you must stick on HR adviser's job description only.
MRT is not available to 190 applicants. However, you must consult migration lawyer for other options and to provide you a definite realistic advice.
My 2 cents in.
skilled migrant now Aussie.
Registered ACS Certified Professional (MACS CP) since 2012
Manila-based
Posts: 5,037Member, De-activated
Joined: Feb 23, 2012
enquire with them about your case... goodluck po..
@pissedball - OT.. did you change your user name?
parang familiar ang tagline/quote sa timeline mo..
Sep 24, 2011 - IELTS (L-8 R-8 W-8 S-7.5 : OBS-8)
Jan 04, 2012 - EA application submitted | Feb 23, 2012 - EA assessment result (IE ANZSCO 233511)
May 8, 2012 - Lodged GSM 175 online application | June 4, 2012 - CO Allocated
June 22, 2012 - Medicals Finalized | Aug 30, 2012 - PCCs Completed (PH, UAE, USA)
Sep 3, 2012 - Visa Granted (IED Jun 11, 2013) Thank You Lord!
Oct 16-28, 2012 - Initial Entry Completed - Sydney
July 28, 2013 - Final move to Perth
Sep 9, 2013 - Started work with the same company i worked for in UAE/USA
Oct 28, 2013 - Moved to another company..
Posts: 82Member
Joined: Oct 24, 2013
Yup, ako si ako hahahaha. Nakalimutan ko ang PW ko kaya nag-create ng bago. So nasa Perth kana pala and already working. Congrats! Parang kelan lng noh? ang kukulit natin dito sa forum. Hahahah.
skilled migrant now Aussie.
Registered ACS Certified Professional (MACS CP) since 2012
Manila-based