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Thread: Work Visa Declined!

  1. #1
    Join Date
    Sep 2014
    Location
    Fiji
    Posts
    5

    Default Work Visa Declined!

    Hi everyone,
    My parents are in a bit of a dilemma at the moment, today they found out that my dads work visa application has been declined because the CO says the the job offer is not genuine.
    Bit of history on this is that they had previously applied for residency under SMC and it was declined because they said that they verified and he wasn't working majority of his work hours as a Diesel Mechanic.His contract stated that he was to provide relief driving when drivers were away. They said that he was driving more than mechanical work in the company even though they sent in job sheets and so on. That was early 2014 this year. The work visa was for a Diesel mechanic and that has run out now.

    When applying for the work visa this time, the employer told immigration that he was not driving for the company at all now and that 100% of my dads work hours are of mechanical work. A new employment contract was sent as well which only said that he works only as a Diesel Mechanic. Immigration then sent a PPI letter saying that because the SMC was declined and that verification was done and it was found that he worked most of his time as Driver in the company not as Diesel mechanic, that they needed to provide their comments on that.
    They sent in evidence such as job descriptions for him as a Diesel mechanic, client letters saying he worked only as a Diesel Mechanic, letters for neighbors and his service job sheets as well. Photos of him working on the truck were also sent. The employer wrote in stating that he only worked as mechanic now and that he is nowhere near the steering wheel now.
    Even with this they declined the work visa saying that because the verification officer at the time of the SMC application deemed that he didn't work most hours as Diesel mechanic that this work visa is being declined. They are not willing to accept that he now works only as Diesel mechanic and its looks like they see the evidence and material sent in but do not consider it as all and only focus on the fact that the SMC application was declined under the same employer.

    what i don't understand is why the CO does not consider this application of a Diesel mechanic on its own rather than only referring back to the SMC application. I understand that they would need to cover it as it was the reason it was declined but even after providing more evidence that he now only works as a Diesel Mechanic, they were not satisfied. He is only working full time as diesel mechanic now but the CO didn't care about that again saying in the decline letter that due to SMC application declined, they do not think that the job offer is genuine. They have given 3 months visitors visa to stay and decide what path to take. Is there grounds for a reconsideration in this case?

    Thanks for your help.

    Darren

  2. #2
    Join Date
    Feb 2013
    Location
    UK
    Posts
    1,547

    Default

    Hi Darren. It would seem from what you have said that there is a possibility of reconsideration as your dad is onshore, but that's not to say it woud be successful. One possible reason for the decline is that INZ doesn't believe he has enough work experience as a Diesel mechanic. When he had his previous job, what percentage of his time was it agreed he worked as a diesel mechanic? If it was, say, 50%, then he would need 5 years in the old job plus 6 months working only as a diesel mechanic to get to to the three years. Are there any other circumstances that might have affected the decision? They might have reason to believe that the employer has just altered the contract to be able to keep your Dad - that might be based on other dealings they have had with this employer. It is so hard to prove that these things didn't happen. By all means send me a Private Message once you have made 5 posts and I will see if I think it is worth having a go at reconsideration.

  3. #3
    Join Date
    Sep 2014
    Location
    Fiji
    Posts
    5

    Default

    thanks for your reply Karen, they do seem to think that the employer is only doing it to keep him but he now works only as a mechanic and that is really hard to prove since its the same employer. If he were to look for another job as a Diesel mechanic apart from this employer, would that be considered genuine. When they applied for the SMC application, the majority of his work hours were of a diesel mechanic like 80% and other 20% as driving but the verification officer didn't believe the employer or my dad when they spoke on the phone conversations.

    I'll get to 5 posts and send you a message, thanks.

  4. #4
    Join Date
    Sep 2014
    Location
    Fiji
    Posts
    5

    Default

    third post

  5. #5
    Join Date
    Sep 2014
    Location
    Fiji
    Posts
    5

    Default

    fourth

  6. #6
    Join Date
    Sep 2014
    Location
    Fiji
    Posts
    5

    Default

    fifth post

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