He Stood by the Business and They Stood by Him

The Dream

A local café in New South Wales had found its rhythm. With a trusted cook in the kitchen and a steady stream of regular customers, the owners felt they had the right team in place. The cook, skilled, reliable and part of the business since 2018, had been working full time under a 482 visa. Together, they applied for a 186 visa through the Temporary Residence Transition stream, hoping to secure a future that reflected years of loyalty and hard work.

The Problem

The nomination was refused. The Department claimed the business failed to meet training benchmark obligations under its most recent sponsorship agreement. Despite providing a stable job, paying the cook fairly and consistently and meeting workplace law standards, the application was denied. The visa pathway collapsed and a valued worker’s future in Australia was placed at risk.

The Solution

Solve Migration appealed the decision to the Tribunal. We prepared a detailed case, highlighting the cook’s long-term full-time employment, the business’s payroll and financial records and proof of ongoing viability, even though disruptions like COVID-19 and major nearby construction. We addressed the training benchmark issue directly, showing that due to changes in the law, the requirement no longer applied to the most recent sponsorship period. The cook and business owner both gave evidence and additional documents were submitted showing continued salary payments and superannuation.

The Victory

The Tribunal agreed. It found that the cook had been employed full time in the nominated role for years, that the business was stable and capable of continuing his employment and that there was no valid reason to deny the nomination on training grounds. The refusal was set aside. The nomination was approved.

Their Words

“We did not expect a refusal, we had done everything right. Solve Migration helped us understand what went wrong and how to fix it. Thanks to them, our cook stayed and our kitchen stayed strong.”

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.