When Years of Effort Were Finally Recognised

The Dream

A growing food manufacturing business built its reputation by supplying baked goods to cafés and wholesale partners. Behind the scenes, production depended on careful planning, quality control and consistent delivery. A Production Manager had filled this role for several years, overseeing schedules, staff, output and coordination across the operation. When the business decided to support him for permanent residence through the Employer Nomination Scheme under the Temporary Residence Transition stream, the goal was continuity. The business wanted to safeguard its operations and retain the person who kept production running smoothly.

The Problem

The nomination was refused. The Department concluded the business was not the standard business sponsor who last identified the nominee. This decision did not reflect the full sponsorship history, or the reality of how the business had operated over time. It also failed to account for changes in the business structure caused by safety issues and later compounded by pandemic disruption. The refusal placed both the business and the nominee in a difficult position, threatening stability after years of lawful operation and employment.

The Solution

The appeal focused on the full history of the business and the genuine nature of the role. Evidence showed the business had been operating for many years and had re-established itself after pandemic disruption through significant reinvestment. Financial records confirmed the business was trading again, growing steadily and capable of employing the nominee on a full time basis. Evidence from the business owner and the nominee confirmed the role extended far beyond hands on production and involved managing the entire manufacturing process. The appeal also clarified that the business was in fact the approved sponsor who last nominated the employee.

The Victory

The Tribunal accepted the evidence. It found the business was actively and lawfully operating, had a genuine need for the position and had the financial capacity to employ the nominee for at least two years. The refusal was set aside and the nomination was approved.

Their Words

“This decision gave our business certainty. We were able to protect what we rebuilt and keep the person who makes our operation work.”

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:

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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.