457 refusal

we have just had our 457 rejected and we are going to appeal but I have been told that hardly anyone wins these appeals so why bother doing it can anyone give me

advise ???

Can you give a bit more information? Why was it refused? On what grounds will be your appeal?

originally I was on a student visa which was cancelled because they believed I went over my 20 work limit on 2 occasions even though I had the evidence that I didn't, the immigration case officer interpreted my time sheets incorrectly so she cancelled it. I immediately appealed against this and I am now on a bridging visa until the case comes to court. just before my student visa was cancelled I applied for the 457 visa. after many letters and stat decs they said that they would not grant my visa unless I could show that it affected an Australian resident/ citizen. my sister who has a café restaurant wants to sponsor me as head cook and she wrote a state dec stating that because of my experience she wants to sponsor me through her business and because she knows that she can trust me fully to run it for her ( she has a full time job away from the café) she also took on 2 traineeships. the immigration stated that they did not feel that it would affect my sister because she has been running the business for 4 weeks without me and the trainees can get other jobs elsewhere. My eldest son who is applying for his second student visa also had a phone call from his case officer on the same day my application was refused stating that she did not think that he was a genuine student and accused us of running a business and he know we had done the wrong thing against Australia and our visa

To tell you the truth I don't think you have a chance.

I came on a student visa, and even knew people who worked over their allowed hours. I have not heard of one person actually being pulled up on it. They must have got the idea that you were working over your hours from somewhere. What I mean is, someone must have reported you. I don't even know if anyone being asked for copies of their pay slips. They must REALLY think you have broken your visa rules. It doesn't sound like payslips from a family member who's interests are to protect you are going to cut it.

As for the 457.... I am not surprised they turned you down. Family trying to sponsor family under the guise of employer sponsored visas never goes down well. I know people who have been advised not to even try as it is frowned on.

You need to employ a good migration agent. Try George Lombard or go Matilda. There isn't much we can do for you I'm afraid.

thank you for your advise

When you get on the wrong side of immigration they watch like hawks. My daughters friend's husband had to leave Aus and return to the UK for similar reasons. His mother, grandmother and sisters were all permanent residents here but it made no difference.

Unfortunately people have had a laugh at immigration doing what they like for too long and there are plenty of Aussies out of work now in this type of employment. So I can see their point.

Immigration is similar to Tax when you get on the wrong side. Your best of bet would be trying to get a sponsorship from an outside person if at all possible. With the long awaited tightening up the abused 457 visa this may be more difficult than previously.

I wouldn't normally recommend but in your case a migration agent may be worth a shot.

I'm absolutely distraught reading this thread and petrified about our application.

Our MA advised us to self-sponsor, we have spent a fortune setting up company, paying accountant and miscellaneous other costs. OH can't work until SBS is confirmed/nomination approved/employer changed (he is on a 457 now but was let go by original employer). Our funds are slipping away despite living frugally, and I have a job offer pending. We haven't a case officer yet despite applying on 26 June, but I am about to throw up reading this about family-involved sponsorship. I am absolutely terrified that we will be refused, and we (OH, me, 3 kids) will have to leave having spent virtually everything getting here. All we want to do is pay tax, develop our business, contribute to society etc.

I'm a bit unclear though about the family-involved sponsorship - it's obviously not explicitly banned? It doesn't say anywhere that it's *not* allowed as far as I can see.

I can't believe this. It's a very bad dream.

The minister of immigration 23rd Feb

And of course we will look to ensure that my department can crack-down on rorts by ensuring that employers provide the information necessary upon application and if need be during the course of that application.

 

We have seen too many examples of abuse across the nation. We have seen situations where peoples' jobs have been 'dressed up' to be so-called skilled jobs but in fact when they come here they are working in unskilled or semi-skilled areas.

 

We have seen situation where people have come out on this visa which are friends or family of the sponsors and that is not the way in which those people should come here. They have perfectly good streams of migration to apply and this stream should not be used in this manner.

 

So these are very important reforms that will reduce the rorts that occur in workplaces because, as I said earlier, it will always be Labor that puts Australian jobs and Australian workers first.

 

 

http://www.minister.immi.gov.au/media/bo/2013/bo193679.htm

Thanks for this Joebloggs.

It's actually a bit comforting because the position certainly is skilled, and the business is ready to expand immediately, to take on apprentices, start training them etc. If a Case Officer looks at the totality of the situation, it should be okay. Of course there's no idea when the CO will be assigned so I'm still extremely concerned about finances. But slightly less worried about the family-involved situation.

Thank you.

Thanks for this Joebloggs.

 

It's actually a bit comforting because the position certainly is skilled, and the business is ready to expand immediately, to take on apprentices, start training them etc. If a Case Officer looks at the totality of the situation, it should be okay. Of course there's no idea when the CO will be assigned so I'm still extremely concerned about finances. But slightly less worried about the family-involved situation.

 

Thank you.

If you wanted to start a business there are Business visas like the http://www.immi.gov.au/skills/skillselect/index/visas/subclass-188/ would be more suitable.

and of course PR visa you can start you own business.

The above visas are there for a reason and would be more suitable for you than a 457.

Thanks Joe. Unfortunately, it's a bit late for us to pursue these lines. If I had PR I wouldn't be applying for 457 change of employer and I can't wait for invitation to apply for 188 subclass visa, nor do I have another min. $4065 to spend.

But I appreciate your taking the time to send these links. I am cross with my MA that she didn't suggest 188 though, but we are on a very tight timeline, so perhaps that's why.

Nothing I can do now, except wait and see, and eat beans on toast.

Thanks Joe. Unfortunately, it's a bit late for us to pursue these lines. If I had PR I wouldn't be applying for 457 change of employer and I can't wait for invitation to apply for 188 subclass visa, nor do I have another min. $4065 to spend.

 

But I appreciate your taking the time to send these links. I am cross with my MA that she didn't suggest 188 though, but we are on a very tight timeline, so perhaps that's why.

 

Nothing I can do now, except wait and see, and eat beans on toast.

the 188 was likely not suitable for your situation, as you need to be running a business for a period of time with turn over of $500,000 and $800,000 assests or have significant assets $2.5million or $5million for the different streams.

If your RMA is registered which they should be if they are in Australia, listen to your agent. Self sponsored 457 are possible but not easy to understand how they work.

wouldn't read too much in to the above situation I believe there is alot more to this story than meets the eye.

I'm absolutely distraught reading this thread and petrified about our application.

 

Our MA advised us to self-sponsor, we have spent a fortune setting up company, paying accountant and miscellaneous other costs. OH can't work until SBS is confirmed/nomination approved/employer changed (he is on a 457 now but was let go by original employer). Our funds are slipping away despite living frugally, and I have a job offer pending. We haven't a case officer yet despite applying on 26 June, but I am about to throw up reading this about family-involved sponsorship. I am absolutely terrified that we will be refused, and we (OH, me, 3 kids) will have to leave having spent virtually everything getting here. All we want to do is pay tax, develop our business, contribute to society etc.

 

I'm a bit unclear though about the family-involved sponsorship - it's obviously not explicitly banned? It doesn't say anywhere that it's *not* allowed as far as I can see.

 

I can't believe this. It's a very bad dream.

I guess you just need to hope that your migration agent knows what s/he is doing and has done this before. I would not assume that your situation will go same way as the OPs, obviously there was some "history" with the OP. The 188 visa is not an easy visa to get, it requires a substantial track record of running a business with very high turnover and certainly is not for anyone that just fancies starting a business. It may well be that the 457 self sponsorship was the way to go.

And I know it is too late for you and my next comment is not directed at you, but it just cannot be said often enough in my opinion. NOBODY should be spending their life savings or sinking everything into coming to Australia on a 457. It is a temporary visa and everyone that moves on this visa should accept and be prepared to leave the country at relatively short notice.