Australian 457 Visa megathread (sponsorship)

markymark21 · 03-10-2012 1:51pm

Batgurl wrote: »

Mellor wrote: »

It's a case of working for them for the first time OR transferring from over seas.

The rest is fairly straight forward.

So does that mean that people coming over on WHV's with the aim of working for a company for 6 months to prove themselves for a 457, can't then be sponsored as they won't be working for the company for the first time?

It is quite confusing...

I reckon it's means that if you work for a company - lets say for 6 months on a WHV if you then go do your regional or work somewhere else for a while if you decide to go back to your first employers you then can't get sponsored

However, when you worked for said company originally and they offered you sponsorship I assume there would be no problem as there is still continuation of employment when you go from the 417 to 457.. So technically when your getting sponsored your still only working for that company for the first time

Don't see the reasoning behind this rule though

Bungarra · 04-10-2012 5:19pm

Hi,

So I've been on my 457 nearly two years now. I want to get a permanent visa sorted. I'm working regionally so I should have just applied for RSMS from the start.:rolleyes:
Anyway, from what I can gather i can get the:

Employer Nomination Scheme (subclass 186) visa - Temporary Residence Transition stream
Regional Sponsored Migration Scheme (subclass 187) visa - Temporary Residence Transition stream
Skilled - Independent (subclass 189) visa

My occupation is on the list.
My employer is willing to sign more forms etc if I want.
My questions are:
If I go for the employer sponsored one, and decide I want to leave, which is a probability, I already have my permanent residency and am free to move around etc.? I'm not going to mess my employer around or anything, I'm not planning on going anywhere for another year and a half probably...
If I go for the Regional one and leave, the department can cancel the visa as I wouldn't be working regionally anymore?

Fair enough i guess...:cool: maybe they'd cut me some slack cause i'd be regional long enough at that stage...
Otherwise the skilled migrant with the points test etc is my only option?
I'm not sure i meet the points requirements yet with that one...:mad:
Any other options? besides the marriage route etc.

magh · 19-10-2012 6:53pm

Hey, Just got my 457 Visa through, It took 4 days to come through. I had all documentaion attached and much of it had been stamped by the guards. The company Im with had been approved as a sponsor so I skipped the first stage. My nomination took exactly a month (submitted the 5th Sept, I received it 5th October) I then submitted my Application last Thurs and it came through on Wednesday. Hope this is helpful.

markymark21 · 20-10-2012 1:33am

Someone on this site said they have gotten ride of the rule which states a potential sponsor must prove they couldn't find an Aussie to do the job, anyone know if this is true? I had a look on the website and although I seen the rule whereby a sponsor must prove they provide on site training for Australian's I couldn't find anything about finding an Aussie to do a job before you can sponsor an over seas worker

mandrake04 · 20-10-2012 1:53am

Its called Market Labour Testing, and its no longer required.

Instead the employer must prove that they have record of training Australian resident workers.

mandrake04 · 21-10-2012 1:06pm

Cost of visa's are up on the mid year budget.

457 is up from $350 to $450

417 is up from $280 to $350

The_Hustler · 25-10-2012 3:25am

markymark21 wrote: »

Someone on this site said they have gotten ride of the rule which states a potential sponsor must prove they couldn't find an Aussie to do the job, anyone know if this is true? I had a look on the website and although I seen the rule whereby a sponsor must prove they provide on site training for Australian's I couldn't find anything about finding an Aussie to do a job before you can sponsor an over seas worker

I don't know if I'm looking in the wrong place but I still see it on the website

" A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizen or permanent resident to fill a skilled position listed in the Consolidated Sponsored Occupations List ( 76KB PDF file)."

http://www.immi.gov.au/skilled/skilled-workers/sbs/

The_Hustler · 30-10-2012 2:23pm

So is the website wrong?

hussey · 30-10-2012 11:30pm

No, but certain occupations have known skill shortages, e.g. nurses, IT workers, so they might not ask if the company tried to find Australian applicants

Mellor · 31-10-2012 4:12am

The_Hustler wrote: »

So is the website wrong?

The website is stating a simple fact. That companies can employ somebody from overseas if they can't find somebody locally. That's the very purpose of the 457 visa. To help Australian businesses. If doesn't say anywhere that they have to try find a local first, simply that the option is there if they need it.

mandrake04 · 31-10-2012 5:54am

Mellor is right it's a statement on what the 457 is used for not a ruling, if it was a rule it would be a condition of the nomination.

Nominating a Position Page 20

http://www.immi.gov.au/allforms/booklets/books9.pdf

Pisco Sour · 31-10-2012 1:21pm

Question about the 457. Once you apply for the visa how long does it take before you are granted the bridging visa?

Basically I got hired full time at the end of September, and they are fully aware of my visa expiring mid December and have no problem sponsoring. However when I started he said we'll wait for awhile before we worry about all of that paperwork, so I took this as them wanting me to prove myself before they go ahead with it all. I'm now in my 6th week and things are going well, but I feel it may still be a bit early to bring up the topic with them as I still feel I need to prove myself and I would feel a bit cheeky asking. I have 7 weeks left on my visa and don't want to leave it too late though. So am wondering how long does it take after submitting the application for the bridging visa to be granted? I'm aware it can take months for the actual 457 to be granted, but the bridging visa is the one I'm more concerned about at the moment.

Thanks

The_Hustler · 31-10-2012 2:50pm

Mellor wrote: »

The website is stating a simple fact. That companies can employ somebody from overseas if they can't find somebody locally. That's the very purpose of the 457 visa. To help Australian businesses. If doesn't say anywhere that they have to try find a local first, simply that the option is there if they need it.

I think they should phrase it much better then. It could be interpreted as meaning only if, seeing as they don't give any alternative scenarios.

Mellor · 31-10-2012 11:08pm

Pisco Sour wrote: »

Question about the 457. Once you apply for the visa how long does it take before you are granted the bridging visa?

As long as you lodge a valid application, you'll be granted a bridging visa when the WHV expires.
There's no processing time, it's automatic once the application is lodged.

The_Hustler wrote: »

I think they should phrase it much better then. It could be interpreted as meaning only if, seeing as they don't give any alternative scenarios.

The requirements for the business and applicant are listed clearly in the relevant section. So there shouldn't be any confusion.
Visa descriptions use very general language,

massdebater · 31-10-2012 11:09pm

Pisco Sour wrote: »

Question about the 457. Once you apply for the visa how long does it take before you are granted the bridging visa?

Basically I got hired full time at the end of September, and they are fully aware of my visa expiring mid December and have no problem sponsoring. However when I started he said we'll wait for awhile before we worry about all of that paperwork, so I took this as them wanting me to prove myself before they go ahead with it all. I'm now in my 6th week and things are going well, but I feel it may still be a bit early to bring up the topic with them as I still feel I need to prove myself and I would feel a bit cheeky asking. I have 7 weeks left on my visa and don't want to leave it too late though. So am wondering how long does it take after submitting the application for the bridging visa to be granted? I'm aware it can take months for the actual 457 to be granted, but the bridging visa is the one I'm more concerned about at the moment.

Thanks

As far as I'm aware, you're automatically put on a bridging visa as soon as your 457 application is received. I'd mention it to your employer now though. It took me about a month to get all the relevant paperwork together for my 457 application so don't leave it too close to the date. Leaving it another 2/3 weeks to apply won't be of any benefit to anyone.

Bungarra · 01-11-2012 6:58am

massdebater wrote: »

As far as I'm aware, you're automatically put on a bridging visa as soon as your 457 application is received. I'd mention it to your employer now though. It took me about a month to get all the relevant paperwork together for my 457 application so don't leave it too close to the date. Leaving it another 2/3 weeks to apply won't be of any benefit to anyone.

Bridging visas go to Tasmania. You have to send it in seperate to the 457 application. at least I did anyway. They told me I'd have to stop working until I got either 457 or bridging visa granted. I got the bridging visa two days before my 6 months and the 457 on the day I would have had to stop working.
Sort it ASAP to save any unnecessary sweating.

Mellor · 01-11-2012 7:28am

Bungarra wrote: »

Bridging visas go to Tasmania. You have to send it in seperate to the 457 application. at least I did anyway. They told me I'd have to stop working until I got either 457 or bridging visa granted. I got the bridging visa two days before my 6 months and the 457 on the day I would have had to stop working.
Sort it ASAP to save any unnecessary sweating.

This is wrong.

It isn't a separate application, an application for a bridging is included as part of a 457 visa application. There is no wait period. It is in effect as soon as your WHV expires. If you are going from a WHV, you will be granted a bridging visa A - which means you can continue working full time, if you were on a student visa, you would continue with those working conditions, etc. Once you are on a bridging visa the 6 month rule no longer applies.

Unless it was a long time ago and the rules were different, who ever told you that you had to apply separately was mistaken.

Bungarra · 01-11-2012 4:30pm

Mellor wrote: »

This is wrong.

It isn't a separate application, an application for a bridging is included as part of a 457 visa application. There is no wait period. It is in effect as soon as your WHV expires. If you are going from a WHV, you will be granted a bridging visa A - which means you can continue working full time, if you were on a student visa, you would continue with those working conditions, etc. Once you are on a bridging visa the 6 month rule no longer applies.

Unless it was a long time ago and the rules were different, who ever told you that you had to apply separately was mistaken.

https://docs.google.com/viewer?a=v&pid=gmail&attid=0.1&thid=132f6498cdc594f8&mt=application/msword&url=https://mail.google.com/mail/?ui%3D2%26ik%3Df9212e06ee%26view%3Datt%26th%3D132f6498cdc594f8%26attid%3D0.1%26disp%3Dsafe%26realattid%3Df_gtnsh5ec0%26zw&sig=AHIEtbT6hkJmyIo0NnkeYcPT8yXP6zewUw

Thats the form I filled out. About 3 different DIAC people told me i needed that.

"• remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia.
Example: Subclass 457 - Temporary Business (Long Stay) visa, subclass 820 – Spouse visa."

What's this form for then?

Mellor · 02-11-2012 6:14am

Bungarra wrote: »

https://docs.google.com/viewer?a=v&pid=gmail&attid=0.1&thid=132f6498cdc594f8&mt=application/msword&url=https://mail.google.com/mail/?ui%3D2%26ik%3Df9212e06ee%26view%3Datt%26th%3D132f6498cdc594f8%26attid%3D0.1%26disp%3Dsafe%26realattid%3Df_gtnsh5ec0%26zw&sig=AHIEtbT6hkJmyIo0NnkeYcPT8yXP6zewUw

Thats the form I filled out. About 3 different DIAC people told me i needed that.

"• remaining in your current job while a decision is being made on an application for a visa which would allow you to continue full time work with your employer without leaving Australia.
Example: Subclass 457 - Temporary Business (Long Stay) visa, subclass 820 – Spouse visa."

What's this form for then?

It's an application to extending the work limitation on a WHV. Very different to a bridging visa. Not relevant to the OP as his WHV is running out (he hasn't mentioned 6 months being up). The bridging visa application in included with the 457 application.

That form is for when you still have plenty time on your WHV when applying. So the 6 months with that company is up before the WHV expires, therefore a bridging visa is not yet required, so you are technically in breach of your WHV conditions. You can also get permission in writing by calling into immigration, which is quicker than applying with the form.

Pisco Sour · 02-11-2012 11:43am

The amount of information and paperwork for the 457 is quite overwhelming. I wouldn't know where to start. Can anybody recommend some good visa agents who deal with 457 in Melbourne who are reasonably priced?

Mellor · 02-11-2012 11:59am

Pisco Sour wrote: »

The amount of information and paperwork for the 457 is quite overwhelming. I wouldn't know where to start. Can anybody recommend some good visa agents who deal with 457 in Melbourne who are reasonably priced?

Expect to pay a few thousand.

I found the paperwork pretty straight forward really. After i did it i was glad i did it myself. A few forms and a letter or two.

Pisco Sour · 02-11-2012 12:10pm

Mellor wrote: »

Expect to pay a few thousand.

I found the paperwork pretty straight forward really. After i did it i was glad i did it myself. A few forms and a letter or two.

Did you do it all or did the company do it aswell? It genuinely looks like a mountain of info to provide.

Mellor · 02-11-2012 11:13pm

Pisco Sour wrote: »

Did you do it all or did the company do it aswell? It genuinely looks like a mountain of info to provide.

I did it all. I was working there at the time so I just did at work.
The three forms repeat a lot of info. So it looks line more than it actually is. Most is straight forward names, addresses, passport number etc. Then you'll need some company specific info, ABN, turnover, money on training etc.

mandrake04 · 03-11-2012 4:43am

Just get the employer to pay for an agent and all the visa costs, that why its called sponsorship.

Mellor · 03-11-2012 10:03am

mandrake04 wrote: »

Just get the employer to pay for an agent and all the visa costs, that why its called sponsorship.

If only all company's were so generous.

Pisco Sour · 07-11-2012 12:23pm

Trying to get myself prepared for when the company decides to go ahead with sponsorship and am trying to put together of things which will be needed.

For myself there is a checklist on the IMMI website so it seems like the following is what I need certified copies of:

1) Passport
2) Exam results (University and professional)
3) Work references
4) Certificate of adequate health cover
5) Passport sized photo
6) CV

However with regards what the company needs to provide theres no checklist and I've had to dig through a lot of waffle. The below needs to be provided by the company to prove they are a lawfully operating business:

1) business registration details, such as Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN) or Australian Stock Exchange (ASX) Code.
2) recent financial reports (profit and loss statements for the most recently concluded financial year)
3) company annual report
4) business tax returns for the most recently concluded financial year
5) Business Activity Statements (BAS).

But with regards the training criteria what exactly do the company have to provide? Is it like what you would provide an auditor to prove a figure is true and fair, as in loads of invoices, evidence of payment for training through bank statements etc etc etc or is it simpler than that?

Anything else of importance that the company needs to provide? Trying to get as sorted as possible before we start the application process, so as not to lose any more time having to gather things.

It would be nice if they had a bit of a checklist for this.

mandrake04 · 07-11-2012 9:32pm

Pisco Sour wrote: »

But with regards the training criteria what exactly do the company have to provide? Is it like what you would provide an auditor to prove a figure is true and fair, as in loads of invoices, evidence of payment for training through bank statements etc etc etc or is it simpler than that?

Tax Receipt's from a Registered Training Organisation would be the obvious.

Mellor · 08-11-2012 2:24am

Pisco, your making the work more than it needs to be.

Pisco Sour wrote: »

For myself there is a checklist on the IMMI website so it seems like the following is what I need certified copies of:

1) Passport
2) Exam results (University and professional)
3) Work references
4) Certificate of adequate health cover
5) Passport sized photo
6) CV

They don't need to be certified copies. Standard scans where fine for me.
You don't need the health cover if you have a ROI passport. If its a UK passport, you need to register for medicare and scan or photograph the card.

However with regards what the company needs to provide theres no checklist and I've had to dig through a lot of waffle. The below needs to be provided by the company to prove they are a lawfully operating business:

1) business registration details, such as Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN) or Australian Stock Exchange (ASX) Code.
2) recent financial reports (profit and loss statements for the most recently concluded financial year)
3) company annual report
4) business tax returns for the most recently concluded financial year
5) Business Activity Statements (BAS).

ABN and ACN if they have it should be fine. The rest really only apply to very large companies.
The total staff wages is also asked soemwhere.

But with regards the training criteria what exactly do the company have to provide? Is it like what you would provide an auditor to prove a figure is true and fair, as in loads of invoices, evidence of payment for training through bank statements etc etc etc or is it simpler than that?

Its far simpler than that. There's no checklist, different companies will provide training is different ways. There's a section to include a statement about training. Just detail all the training the companies provides, or might provide in the future. Courses staff attend, in house training etc.
You don't need evidence at this stage.

Bungarra · 11-11-2012 11:41am

Mellor wrote: »

It's an application to extending the work limitation on a WHV. Very different to a bridging visa. Not relevant to the OP as his WHV is running out (he hasn't mentioned 6 months being up). The bridging visa application in included with the 457 application.

That form is for when you still have plenty time on your WHV when applying. So the 6 months with that company is up before the WHV expires, therefore a bridging visa is not yet required, so you are technically in breach of your WHV conditions. You can also get permission in writing by calling into immigration, which is quicker than applying with the form.

Ah right..... Sorry. Okay. I should have read his message more clearly instead of just saying whatever popped into my head.

Also, yeah the forms are pretty easy to fill out yourself. And the employers ones are ok too as far as i remember. I don't think there should be reason to go down the agent route.

Plug · 21-11-2012 5:53am

Hello people. im in the process of getting sponsored. i have provided everything they wanted but now they are looking for a police clearance from Ireland and Australia. what is the best way of getting one from back home? Can my father go to the local garda station and apply for one. My 6 months work will come to an end on the 21 of next month. should i apply for a bridging visa? Im on a whv currently.
thanks

Australian 457 Visa megathread (sponsorship)

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