119 Nomination not accepted after 7 months

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Old Apr 29th 2011, 7:14 am
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Default 119 Nomination not accepted after 7 months

Hope someone can help. We have been through a long process of about 12 months altogether and 7 months of lodgement of Regional Sponsored Employee Visa 119. We have heard back today that the nomination will not be approved as we don't have diploma and that exceptional circumstances are not accepted and we have to apply for 457 and work in the job for 2 years. We have already worked in the job for 1 year already and our original visa is a totally different visa altogether (business 163). Our understanding was that 119 visa didn't require diploma. Our nominator is accepting the departments decision and are not willing to challenge them. Any suggestions as to what we can do please, we are desparate.
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Old Apr 30th 2011, 12:00 am
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Default Re: 119 Nomination not accepted after 7 months

Originally Posted by kimedwards
Hope someone can help. We have been through a long process of about 12 months altogether and 7 months of lodgement of Regional Sponsored Employee Visa 119. We have heard back today that the nomination will not be approved as we don't have diploma and that exceptional circumstances are not accepted and we have to apply for 457 and work in the job for 2 years. We have already worked in the job for 1 year already and our original visa is a totally different visa altogether (business 163). Our understanding was that 119 visa didn't require diploma. Our nominator is accepting the departments decision and are not willing to challenge them. Any suggestions as to what we can do please, we are desparate.
You can do what DIAC has said you have to do. If your nomination is not accepted then your nomination is not accepted.

what has your migration agent said?
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Old Apr 30th 2011, 12:52 am
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Default Re: 119 Nomination not accepted after 7 months

Originally Posted by kimedwards
Hope someone can help. We have been through a long process of about 12 months altogether and 7 months of lodgement of Regional Sponsored Employee Visa 119. We have heard back today that the nomination will not be approved as we don't have diploma and that exceptional circumstances are not accepted and we have to apply for 457 and work in the job for 2 years. We have already worked in the job for 1 year already and our original visa is a totally different visa altogether (business 163). Our understanding was that 119 visa didn't require diploma. Our nominator is accepting the departments decision and are not willing to challenge them. Any suggestions as to what we can do please, we are desparate.
The idea of the 163 visa, is that you would invest in and run and develop a business. you must have experience in this or you would not have got the 163 visa in the first place. The idea is not to get a job.

Anyway it clearly states in the 119 eligibility rules that you must have relevant qualifications. How did you miss this, it is the first sentence?

http://www.immi.gov.au/skilled/skill...bclass-119.htm

To be eligible for permanent residency under this visa, you must meet all of the following requirements at the time of lodging an application.

You must:

* have the relevant qualifications for the nominated position, which is at least an Australian equivalent trade, diploma or higher qualification
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Old Apr 30th 2011, 2:26 am
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Default Re: 119 Nomination not accepted after 7 months

Yes, it has said the diploma thing for at least five years since I first looked at it, as I spent ages trying to find out if my uk diploma was equivalent. I also can't really see how you missed that.
I would do what they have told you.
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