Raul Senise

Nomination ceilings on 457 sponsorship were imposed for a short period of time, so if their sponsorship was approved during that time, they may well have a cap. The fact that they are allowed 15 per year is unusual however and I would therefore suspect that they may have a Labour Agreement. If they do have a Labour Agreement in place, the term are usually very specific and will be individual to the company.

Immigration statistics often don't make much sense. I believe that the figure of "1939" is not in regards to processing days but the actual number of applications processed in a given period. I think that the point that Westly is trying to highlight, is the huge number of Partner refusals. Since the massive increase in the lodgement fee to almost $7,000, many applicants are going it alone simply due to costs. This correlates to a massive increase in refusals. As an example, the latest AAT figures show that in the two months of July and August 2016 alone, 957 appeals for refused Partner visas were lodged. The same report shows that there are currently 4,379 active cases on hand (not yet decided) for refused partner visas.

Proceed with caution as many Uni's do no have Registered Migration Agents but rather Education Agents who by law should not be giving Immigration advice. The fact that you state that "I think she is not fully aware of the visa" indicates that you are probably not getting advice from a Registered Migration Agent. The role of an Education Agent is to sell you education, therefore it is not surprising that the solution suggested is another course.

There is some confusion in regards to licencing on this thread. For many visa types, such as a Subclass 189, licencing is not a requirement, irrespective of the occupation. For others however, such as the subclass 186, it is a mandatory requirement for some occupations. This can make it very difficult if applying under the Direct Entry pathway from offshore, as some licences require a physical presence in Australia. As such, it can be a very tricky issue to navigate successfully.

Hi Nick, Here is some input which may assist based on the basic information in your post: · Labour Market Testing IS required for the occupation of Real Estate Agent under the subclass 457 program; · Your comment about “not enough Labour Market Testing” seems strange however, as there is no minimum amount; · The Regulations are however very strict on what documents are required and when they must be provided. I believe it is more likely that the Labour Market Testing documents were either not correct or provided too late; · The issue of “Licencing” is very tricky when applying for a subclass 186 from off shore. In regards to Licencing, the Regulations do state “or is eligible to become”, however this needs to be carefully assessed on an individual basis and as such way beyond a public forum; · The other issue you need to be careful about when applying for a subclass 186 under the Direct Entry pathway and not having previously worked for the company, is that the company can provide strong evidence that there is a need for the nominated role. Hope this helps and good luck.

The points above relate to "Market Rate" and there is no single answer or example statement as it is specific to the occupation being nominated, the industry your work in, your employer, whether there are comparable Australians in your role, etc.

Some of the information on this thread may not be relevant to you, as the criteria to be classed as a "member of family unit" has many different Regulatory requirements depending on what visa is being applied for. You should obtain advice about your specific situation and most importantly what yours and your parents' future visa intentions are as this is crucial.

I agree and can see it happening when applying for Citizenship, as Immigration applies ever increasing scrutiny and higher standards. One of the criteria for Citizenship is "Behaving in an ethical manner, conforming to the rules and values of Australian society" which is further explained as "a decision maker can be satisfied that an applicant is of good character if the applicant has demonstrated good enduring/lasting moral qualities that are evident before their visa application and throughout their migration and citizenship processes." I think that it would be hard to argue that immediately breaching the “Moral Obligation” to the State, be considered as behaving in an ethical manner.

It may be worthwhile to have someone look at it. Bear in mind that there is often more work involved trying to fix a lodged application than doing it right in the first place. English is a time of lodgement criteria. As such if he does not meet the English language requirement, he can not sit an IELTS test post lodgement. Visa medicals are valid for 12 months.

There are differing Regulations and Policy as to what constitutes a "de facto relationship" based on a number of factors, including the type of visa that is being applied for. Trying to obtain the answer to an often complex legal definition of a term and how it relates to Immigration Regulations and Policy, in your specific circumstances is not recommended. You have been given a possible option based on the limited information to hand. You are unlikely to get more detailed "correct" advice on your very specific circumstances on a public forum. Some professional advice relevant to your situation may be advisable.

If you meet the requirements for a 189, this would be a better option as it avoids the necessity for state sponsorship. If you are an Early Childhood (Pre-Primary School) Teacher and can pass a skills assessment in this occupation, then state sponsorship is unnecessary unless you are short on points. Sales and marketing manager would be more difficult as it is not on the SOL and is assessed by AIM, whose criteria for assessment are quite high.

There is no way of knowing without assessing the business and viewing the documents submitted with the nomination application. The fact that they have successfully sponsored for subclass 457 visas, does not automatically mean that they meet the requirements to nominate for a subclass 186. Where I see most problems in similar scenarios, is where the employer has not maintained their training obligations since being approved as a 457 sponsor.

Although the facility exists to lodge an EOI for a 457 visa, I have never heard of any employer sponsoring for a subclass 457 through EOI. As for the subclass 190 visa, if you obtain state sponsorship, you will receive an invitation to apply for the visa shortly thereafter.

Your plan to avoid the Victoria onshore requirements are unlikely to work as you are still considered to be resident in WA. Being on holidays does not change that. The state sponsorship requirements are not like the Visa onshore/offshore Regulations.

Realistically, you will most likely need to find a company who will sponsor you for a subclass 457 visa. There is quite a shortage in hospitality staff, especially in Sydney and Melbourne.

He can not.

This is an unusually long time, but it can sometimes happen unfortunately, as some "integrity checks" can take a very long time to process. That said you should follow up and obtain clarity as to the reason behind the delay. You also have the problem that your nomination has expired as it is longer than 12 months from when it was approved. As such the visa application can not be finalised until another nomination is approved for your position.

This information is not correct. A sponsor can not pass the costs of subclass 457 sponsorship or nomination onto the visa applicant as this would be a breach of their sponsorship obligation. "Not recover, transfer or charge certain costs to another person: Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include: cost of sponsorship and nomination charges migration agent costs associated with the lodgement of sponsorship and nomination applications"

This is not how it works. The new employer will need to lodge a nomination application for the potion to be filled by you. They will need to provide much more documentation than a letter.

A subclass 400 visa would not be appropriate if the intention is to remain in the position long term. A requirement of the subclass 400 visa is that the work being undertaken is "not on going" (generally less than 3 months). As such, if the intention is to remain there permanently after the trial, you will have difficulty meeting the "not on going" requirement. You also have the issue that undertaking a job trial would be unlikely to meet the definition of highly specialised work.

This advice is questionable and risky with serious ramifications if you are refused entry for not being a genuine visitor.

That's not how it works. If your 457 visa is cancelled, the only option to restore your lawful status is a bridging visa E. A bridging visa E does not have work rights. This must be applied for separately.

I suggest you obtain professional advice and be cautious with advice from the Immigration Department, as it does not appear that they have told you the full implications of cancelling your 457 visa. If your subclass 457 visa is cancelled, your bridging visa will also be cancelled and you will become unlawful. You will then go onto a bridging visa E with no work or travel rights. You can apply for work rights (which many or may not be granted) but you can not apply for permission to travel. This course of action will also affect your eligibility for Australian Citizenship in the future.

If applying under the Graduate Work stream you need an occupation on the SOL. If you are applying under the Post Study Work stream you do not but need to study a degree qualification or higher. I advise you do your research well as this visa can be tricky, especially under the Post Study Work stream. Be weary of picking courses based on advice from student agents as most are paid commissions by the institutions. I have seen many cases of people studying useless courses which they were not interested in, based on flawed advice.

You would need to apply for a Resident Return Visa. To be granted an RRV without having met the residency requirements, you would need to show that you have substantial business, cultural, employment or personal ties of benefit to Australia, and compelling reasons for any continuous absence from Australia.