From Doubt to Confidence, A Company’s Stability Recognised

The Dream

A technology company operating in Australia built its reputation developing specialised financial software
for the disability and aged care sectors. The business grew steadily, supported by investor funding and
long-term innovation in a highly regulated industry. At the centre of its engineering team was a senior
developer who had been leading product development and system integration for several years. When
the company nominated him for permanent residence under the Employer Nomination Scheme in the
Direct Entry stream, the goal was stability. The business wanted to secure leadership in its technical team
and continue scaling its operations.

The Problem

The nomination was refused. The Department accepted the proposed salary met the market rate but was
not satisfied the business had the financial capacity to employ the nominee for at least two years. The
refusal focused heavily on tax losses recorded in previous financial years. The concern was that historical
losses suggested insufficient capacity to meet long term salary obligations, despite evidence of investor
backing and ongoing salary payments.
The decision placed the company and the nominee in uncertainty. The role was already in place. The
salary had been paid consistently. Yet the nomination was rejected based on how the business model
was interpreted.

The Solution

The matter was taken to the Tribunal. The appeal provided updated financial evidence, including recent
tax returns, business activity statements, investor support letters and a letter of solvency from
accountants. The company demonstrated that it operated on a venture capital funded model and had
secured substantial investment over several years. It also showed the nominee had already been
employed full time for more than two years and had been paid consistently at the agreed salary.
The Tribunal considered the broader business model. It accepted that venture capital funded growth does
not automatically indicate financial instability. It examined cash flow, capital injections, staffing levels and
forward projections. The focus shifted from historical losses to overall sustainability and capacity.

The Victory

The Tribunal found that the nominee was employed full time, that the employment terms met regulatory
requirements and that the business had the financial capacity to meet its obligations for at least two
years. The decision was remitted with a direction that the financial capacity requirement was satisfied.
Their Words
“We always knew the business was stable and growing. The Tribunal looked at the full picture and
recognised that.”
If you are in a similar situation, or know someone who may require professional assistance with a visa
nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:
Book a Consultation: https://solvemigration.com/book-an-appointment/

Email:
ask@solvemigration.com
Our team can assess your circumstances, identify available pathways, and guide you through each stage
of the process with clear and practical advice.