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sponsorship

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  • 28-10-2013 11:42am
    #1
    ben10afc
    Registered Users Posts: 71 ✭✭


    Visa was up in august. Now on a bridging visa for second year. However opportunity has arose for me to get sponsored . Can I still go threw with it as im already on a bridging visa?


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    #2
    Pinny_1
    Registered Users Posts: 12 ✭Pinny_1


    On a bridging visa to get what 2nd year ? WHV ?


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    #3
    ben10afc
    Registered Users Posts: 71 ✭✭ben10afc


    Yes second whv


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    #4
    aido79
    Registered Users Posts: 5,374 ✭✭✭aido79


    Pinny_1 wrote: »
    On a bridging visa to get what 2nd year ? WHV ?

    If you apply for the 2nd year visa and the application isn't processed before the 1st year visa expires then you go on to a bridging visa until the visa is either approved or denied.


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    #5
    Vertakill
    Registered Users Posts: 2,262 ✭✭✭Vertakill


    Not sure what the exact implications are for the bridging visa and sponsorship...

    But one thing I'll mention is that if you go onto the sponsorship, whatever visa you were on is cancelled (not sure if this will kill your 2nd WHV if you're on a BV... but it'll definitely kill the BV which would probably mean it kills the 2nd WHV as well seeing as you can't be without a visa..).

    My point is, make 100% sure that you want to be sponsored and you're happy with the job.
    Then also assess whether you think your company will keep you on for the 2 or 4 years or however long 457 you're being put on.

    Most people jump at the idea of sponsorship and I know of people who've gotten 457's in the first 6 months of arriving in the country and went on the 457 and either the company couldn't keep them on, or they didn't like the job and then you're screwed because you've no way of getting a 2nd WHV seeing as your 1st WHV has been cancelled when you switch over to the 457.

    A colleague of mine is in his 1st WHV and has been offered sponsorship by a recruitment agency but they're notoriously unreliable and if they mess him about and drop him at some point... he has 90 days to find a new sponsor or he'll have to leave the country.


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    #6
    mandrake04
    Registered Users Posts: 4,435 ✭✭✭mandrake04


    Vertakill wrote: »
    A colleague of mine is in his 1st WHV and has been offered sponsorship by a recruitment agency but they're notoriously unreliable and if they mess him about and drop him at some point... he has 90 days to find a new sponsor or he'll have to leave the country.

    A lot of people also get sucked into that one, also a 457 under a LA with a recruiter and you cant be sponsored for PR on a 186 as there is no transitional path.

    The problem is most of these people on LA are going work for 2 years and then find that out they cant move to to PR unless they can obtain a skills assessment and go 189 or 190.


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    #7
    Mellor
    Registered Users Posts: 39,339 ✭✭✭✭Mellor


    Vertakill wrote: »
    But one thing I'll mention is that if you go onto the sponsorship, whatever visa you were on is cancelled (not sure if this will kill your 2nd WHV if you're on a BV... but it'll definitely kill the BV which would probably mean it kills the 2nd WHV as well seeing as you can't be without a visa..).
    But he wouldn't be without a visa, he would be sponsored on a 457. :confused:

    You'd have to go about it in the right order to preserve the option of a 2nd WHV. But it shouldn't be difficult. You'd also have to get the 457 together quickly.

    Withdraw 2nd WHV
    Apply for 457
    You'll stay on a BV until 457 is granted
    mandrake04 wrote: »
    A lot of people also get sucked into that one, also a 457 under a LA with a recruiter and you cant be sponsored for PR on a 186 as there is no transitional path.

    The problem is most of these people on LA are going work for 2 years and then find that out they cant move to to PR unless they can obtain a skills assessment and go 189 or 190.

    There's the Agreement stream, which is for people sponsored by an employer through a labour agreement.

    And even without that, they could still go for a 186 direct entry.


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    #8
    Vertakill
    Registered Users Posts: 2,262 ✭✭✭Vertakill


    Mellor wrote: »
    But he wouldn't be without a visa, he would be sponsored on a 457. :confused:

    I worded my answer a bit badly but... his question was if he's on his second visa, can he still go through with sponsorship... my answer was that if he goes through with sponsorship, it'll probably work but he'll lose his current BV and also his 2nd WHV (even if he hasn't had it granted yet, based on the fact he's already applied for it).
    So, yes you can get sponsored but it's a bit of a waste seeing as the money is paid for already for the WHV and, depending on what kind of sponsorship it is, it may not actually be more valuable than the 2nd WHV.

    You'd have to go about it in the right order to preserve the option of a 2nd WHV. But it shouldn't be difficult. You'd also have to get the 457 together quickly.
    Mellor wrote: »
    Withdraw 2nd WHV
    Apply for 457
    You'll stay on a BV until 457 is granted

    How sure are you of that though?
    I thought if he's on a BV now, his 1st WHV has been cancelled the moment he applied for a 2nd WHV.
    So what visa would he go back on if he were to withdraw his application?
    Mellor wrote: »
    There's the Agreement stream, which is for people sponsored by an employer through a labour agreement.

    And even without that, they could still go for a 186 direct entry.

    Had quite a lengthy meeting with Peoplebank about this 3 weeks ago.

    I thought a lot of the labour agreements were stopped as of July 1st and only ENS/186 could get you PR via sponsorship?
    mandrake04 wrote: »
    A lot of people also get sucked into that one, also a 457 under a LA with a recruiter and you cant be sponsored for PR on a 186 as there is no transitional path.

    The problem is most of these people on LA are going work for 2 years and then find that out they cant move to to PR unless they can obtain a skills assessment and go 189 or 190.

    Too true.
    This is the biggest loophole by recruiters that has been filled now I think.

    My recruiter pitched the idea of a 'sister company' and getting employed by them for 2 years, but still effectively being pimped/used as labour for hire in whatever company needed staff, and after 2 years you could go down the ENS route.
    But, apparently they already did that last year and didn't tell DIAC and their ploy was shutdown... until they disclosed the whole thing to DIAC and started it up again.

    Problem is, you could go on their 457, voiding your current visa, and after a month or two the recruiter could drop you for whatever reason they wanted and you've only 90 days to get your sh!t in order before you're deported.


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    #9
    mandrake04
    Registered Users Posts: 4,435 ✭✭✭mandrake04


    Mellor wrote: »
    B

    There's the Agreement stream, which is for people sponsored by an employer through a labour agreement.

    From a Labor Agreement 457?....LOL

    Agreement stream is not worth shite unless the On Hire company is going to employ you directly, so for example if you were an Engineer on a 457 under a LA and the recruiter was farming you out to their client you wouldn't have the option of a 186.

    Visa options

    The OHLA allows only for the sponsoring of temporary skilled workers who will enter under the subclass 457 visa. This is because labour agreements are intended to provide specialised skilled workers to fill immediate gaps in the labour market while the employer commits to training Australian workers in these skills. The proportion of overseas workers in the business’ workforce is expected to decrease over the life of the agreement.

    Currently there is no ability for on-hire businesses to gain access to employer sponsored visas such as the Employer Nomination Scheme (ENS), except if you are looking for staff for direct employment within the on-hire business, such as recruitment consultants and managers. While there was a little-used option, under policy, for on-hire businesses to access the ENS in the past, this pathway was removed on 1 July 2012 to simplify the permanent employer sponsored programme, reduce administrative costs, and improve programme integrity.

    http://migrationblog.immi.gov.au/files/2013/08/ON-HIRE-Labour-Agreement-information-booklet-September-2013.pdf
    Mellor wrote: »
    B

    And even without that, they could still go for a 186 direct entry.

    Really? I don't think so... not for the recruiter unless they are a Recruitment consultant or recruitment Manager.


    They could possibly get a skills assessment and maybe be sponsored directly by the recruiters client if they can get a skills assessment and have 3 years post qualifying experience. That is if the client is interested in sponsoring which is another story.

    Those without a skills assessment looking a pathway to PR, working the 2 years on a LA 457 means FA.


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    #10
    mandrake04
    Registered Users Posts: 4,435 ✭✭✭mandrake04


    Vertakill wrote: »

    Too true.
    This is the biggest loophole by recruiters that has been filled now I think.

    My recruiter pitched the idea of a 'sister company' and getting employed by them for 2 years, but still effectively being pimped/used as labour for hire in whatever company needed staff, and after 2 years you could go down the ENS route.
    But, apparently they already did that last year and didn't tell DIAC and their ploy was shutdown... until they disclosed the whole thing to DIAC and started it up again.

    Problem is, you could go on their 457, voiding your current visa, and after a month or two the recruiter could drop you for whatever reason they wanted and you've only 90 days to get your sh!t in order before you're deported.

    LA 457 is used a lot in the financial sector, good supply of cheap disposable staff working for buttons and the recruiter is creaming a nice hourly rate of them. Suits the client any sign of a wobble they just turn them off like a tap.


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    #11
    Mellor
    Registered Users Posts: 39,339 ✭✭✭✭Mellor


    Vertakill wrote: »
    . his question was if he's on his second visa, can he still go through with sponsorship...
    That wasn't his question. He asked can he move from a BV to 457.
    Obviously if he on his 2nd WHV (ie it's been granted) he'll lose it if he moves to a 457.
    it'll probably work but he'll lose his current BV and also his 2nd WHV (even if he hasn't had it granted yet, based on the fact he's already applied for it).
    He won't.
    He can withdraw the application before it's granted. It's completely separate to the 457, people do it when plans change.

    How sure are you of that though?
    I thought if he's on a BV now, his 1st WHV has been cancelled the moment he applied for a 2nd WHV.
    The 1st isn't cancelled when you apply for a 2nd one, why would it be? You can apply for a 2nd WHV after 3 months, you don't piercer next 9 months.

    He is on a BV now because his 12 months on the 1st were up, it wasn't cancelled.
    So what visa would he go back on if he were to withdraw his application?
    He doesn't go back to any visa. The BV stays valid for a short while (28 days I think), so that you remain legal while you make other arrangements to leave, or apply for aother visa.

    I went through similar with my 457.
    When I applied my WHV had ran out. Although in my case it was a 2nd WHV, so it was a bit more complicated.


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    #12
    Mellor
    Registered Users Posts: 39,339 ✭✭✭✭Mellor


    mandrake04 wrote: »
    From a Labor Agreement 457?....LOL
    I think you misunderstood. The LA 457 means nothing for the ENS. I just meant you can still go for ENS via LA or direct route. You still needs skills assessment, and an employer.
    They could possibly get a skills assessment and maybe be sponsored directly by the recruiters client if they can get a skills assessment and have 3 years post qualifying experience. That is if the client is interested in sponsoring which is another story.
    That's what I was getting at. It's not a shortcut around skills like transition stream. I just mean it keeps open options other that 189/190.

    [/quote]
    Those without a skills assessment looking a pathway to PR, working the 2 years on a LA 457 means FA.[/quote]
    Yup
    Gotta have skills


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    #13
    mandrake04
    Registered Users Posts: 4,435 ✭✭✭mandrake04


    Mellor wrote: »
    I think you misunderstood.

    No I didn't.
    Mellor wrote: »
    The LA 457 means nothing for the ENS.

    That's what I said in post #6
    Mellor wrote: »
    I just meant you can still go for ENS via LA

    Only in very limited circumstances. i.e as the example given recruitment consultant or manager or possibly an accountant working directly int the accounts department of the recruiter.
    Mellor wrote: »
    or direct route.

    as above in certain circumstances but in general any company who has an LA agreement with the government to hire staff can only sponsor for 457.


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