Raul Senise

Although a student visa is possible, studying business is unlikely to get you any closer to your visa goal. Yes, they can be included on your student visa. Your wife would have a 20 hour work limitation. This would require 1) A positive skills assessment in an occupation on the CSOL, 2) Sponsorship by a State or Territory Government, 3) More than 60 points. If you are unsure of the process, an assessment by a professional may be advisable. Very few, if any Registered Migration Agents will assist with finding you a sponsor. There are many scams where companies will take your money and promise you to find you a job. Rather than being annoyed with an honest response, you should consider yourself lucky.

It will depend on your personal situation, the complexity of the matter and your understanding of the visa process. If you have not looked at the process, be prepared for a steep learning curve with the 190 visa. Some of the things that you will need to gain an understanding of: · The points system: · SkillSelect; · Skills Assessment; · State Sponsorship; · Visa application process. As mentioned before, the Embassy has nothing to do with your application.

Natural Justice letters are becoming more common and are not to be taken lightly. There is no one size fits all response as a natural justice letter will be specific to your situation. As such you will not receive any specific insight on a forum. Take some professional advice and act quickly.

If you arrive on a visitor visa and they see that you have a subclass 457 being processed, they may question whether you are a genuine tourist, so be prepared for that. Below is an extract from an old Immigration fact sheet on the subject: "Visitor visas are not appropriate for people wanting to travel to Australia for the purpose of waiting for their Subclass 457 visa to be processed. Applicants for a 457 visa, as with any visa applicant, should await the outcome of their application before booking airfares to come to Australia unless they are planning to travel to Australia for a short visit for tourism or business purposes. All Visitor visa applicants must satisfy the decision maker that they intend a genuine visit, among other things, as set out in Australian Migration Law. Visa processing officers must take into account relevant considerations such as the applicant's: •personal circumstances •incentive to return home •financial situation •ability to support themselves while in Australia. An applicant seeking to overstay their visitor visa or to remain in Australia on a subsequent visa is not considered a genuine visitor."

The problem is that every industry is different but the 457 program is judged as a whole, with no regard or differentiation between industries, business size, etc. There is a small portion who rort the system but the whole system is judged as bad, even though the vast majority are doing the right thing. The ones doing the right thing and the many success stories are never reported. I have countless clients who because of a few key positions filled by 457 visa holders, have built successful businesses which employ many Australians. There are some industry sectors that do not do adequate training, so all Australian business is deemed as not adequately training their Australian staff, when this is not the case. A common theme I have personally experienced countless times in the Hospitality industry is the lack of apprentices entering the industry. Almost all of the hospitality client I represent want to hire more apprentices, but they cannot find any. Most apprentices last less than a month, when they see that the reality of a commercial kitchen is nothing like Master Chef.

If applying under the TRT pathway, you must have already completed 2 years of employment while the holder of a subclass 457 visa, before the nomination is lodged.

No, not at all. Chefs, Cooks, Restaurant Managers. Table staff can not be sponsored under a 457 but yes, if not for working holiday makers and student visa holders, there would be a critical shortage of table staff too.

Sure, why not start with Hospitality. If you were to stop the 457 program as some have suggested, many of the restaurants in the capital cities will close overnight. We simply do not have enough local talent to fill key roles and there are too few apprentices to fill the void. This situation is well know, researched and documented.

The truth about the 457 program is rarely reported. It is an easy political target and thus always shown in a bad light in the media. Yes, there are rorts, but they are minimal. Yet it is the rorts that are always highlighted and paraded by the media, unions and political parties when required. The truth of the matter is that it is a very successful program and there are many industries in Australia that would not survive if not for the 457 program, as the skills are simply not available locally.

Currently well prepared Nomination applications are taking between 3 to 4 months. If documents are missing expect longer.

For a full skills assessment, yes. You are asking a very technical and specific question and you are asking about a qualification which you are not expected to complete until 2017. Nobody know what the requirements will be so far in the future.

About time too.

It depends what you mean by "recognised" and what visa you want to "strengthen". For a skills assessment by Vetassess? To meet the skill requirement for a subclass 457 Visa, 186 ENS, 187 RSMS, etc?

It will depend entirely on your specific circumstances. An EOI is a mandatory step for some visas (such as a subclass 189), voluntary for others (such as a subclass 186) and for some not even an option. For employer sponsored visas where an EOI can be submitted, it is, in most cases a waste of time. For skilled visas where it is a mandatory step, the EOI is crucial. The information submitted at this stage will determine your visa eligibility and form the foundation of your visa application if invited.

It depends on the specifics. I would need more information and then undertake research before I could rate your chances of success with an appeal. The quality of your previous representatives advice is not something that would be considered at the appeal. Again, it depends on the specifics, but the fact that English is and was a time of lodgement criteria does not bode well for you. Yes, but only if we believe there is merit to the case.

In October 2012 the relevant Regulation was 487.215 and it stated "the applicant has competent English." The information you quoted was from 2010, when "concessional English" was specified, not from 2012 when you applied. Off the top of my head, I do not remember if there were any transitional arrangement for English during this time.

Depending on the time frame, you may still be eligible under the Temporary Residence Transitional pathway if you return on a subclass 457. This is not a standard or straightforward matter, so professional advice would be well advised.

If they were not registered they are not an Agent. It appears that you were misled as this is not correct. Neither was the unregistered person you used. Your appeal will be with the AAT as the MRT no longer exists.. Good advice. Unlikely, as even in 2012, Competent English was a "time of application" requirement for this visa. This is not something the AAT will consider as they will be reviewing the case against the relevant Regulations. Good luck with your matter.

It will depend on the circumstances and the documents provided. Vetsasss are currently quoting 10-12 working weeks and at the moment are taking a bit longer than that. Again it depends on the circumstances. Do you have enough points? Do you meet South Australia’s requirements for sponsorship? There is more to state sponsorship than having an occupation on their list. 3 to 12 months depending on your circumstances. Are these not questions that you should be asking your Agent? It is difficult for anyone to give you a detailed response with such little information.

An RRV can be issued for 5 years, 1 year or 3 months, depending on the circumstances.

If your questions relates to employment experience counting for points on a skilled visa, it must be “skilled employment”. There is extensive Migration Policy defining what is considered “skilled employment”.

Not sure if you did the application yourself or used a third party, but you have either misread the communication form Immigration or you are not being told the true reason for refusal. Immigration cannot refuse a visa because “the case officer doesn't think the relationship will last”. If you can clarify who told you this information and the actual wording, you may get some better feedback from the forum.

I advise you proceed with caution and do your research well. Be mindful that advice from Immigration over the phone is not binding. The situation is not straight forward and will depend on certain factors which are detailed in Policy. Time spent overseas while working for your 457 sponsor is not automatically included in the 2 years. Policy specifically states that claims of overseas work must be assessed on a case by case basis. If the requirements are not satisfied, the period of time spent working overseas will be treated as a period of unpaid absence.

As per condition 8107, 90 consecutive days from the period you cease employment. Depending on the circumstances, there can be some wiggle room. May be wise to have a good contacts or employment lawyer review the contact. Difficult to comment without seeing the specific wording. No, if a new employer has a nomination for you approved, the obligations for your visa transfer to them.

You may want to read this thread for some background. May be relevant.