Raul Senise

We will not know the intricacies of how the grandfathering arrangements will be applied, util the actual new Regulations are released.

Hi Oren, A nomination application will transfer your current 457 visa to a new employer. The new nomination does not need to be in the same occupation. However, at the nomination stage, they can ask for evidence that your have the skills and experience to perform the new occupation. As for whether you can expect problems during this transition period; at this point no one knows. The Government has stated that applications lodged prior to the change will be processed under current rules, however, we are already witnessing delays in processing.

The Immigration Department has stated that they will not respond to requests asking for updates on processing of applications which are within current processing standards. The only way to speed it up is to make a request for priority processing, which you can only do if your application falls under certain circumstances.

Probably best to re assess your situation post March 2018 when all of the new Regulations are know. You can then make a more informed decision on future visa prospects.

What would be the point? If the nomination refusal is not appealed, the visa appeal will fail.

I do not give individual advice on complex matters in a public forum. To so so would be a disservice to you as Schedule 4 Public Interest criteria, in regards to a re entry ban, can be complex. A proper assessment would require considerably more information about your individual situation and more detail about the circumstance surrounding the issuing of the ban.

The ban does not stop you from applying for a visa, however, you will have to request a waiver of the ban (for most visas) in order to pass Schedule 4 "Public Interest" criteria.

Be careful re entering on a visitor visa as, depending on your circumstances, you may be questioned on entry as to whether you are a genuine visitor.

Retail Manager is an often overused occupation under the subclass 187 for Positions who's duties fall well below the full ambit of a Retail Manager as prescribed by ANZSCO.

This is often a tactic used by student visa applicants. A large amount of borrowed money is placed in a bank account and then immediately withdrawn after lodgement. The Government is wise to this and often check. If what you say is true and your father can show the money is real, then you should be able to explain the situation. If however you have provided a false bank statement or used borrowed money to falsely inflate the bank balance, then you will have serious issues. If the application is genuine, you may be wise in obtaining the services of a reputable Agent who deals with student visas.

You are responding to a post from over 5 years ago.

Although no Regulations are yet available, Information from the Government so far is that: transitional arrangements are expected to provide that sponsors are not required to meet the training benchmarks for any period where charging of the SAF has commenced; however, training compliance requirements for earlier periods for which the training benchmarks were in place will still need to be met.

Based on the latest information, it would appear that you will qualify once you have been employed and sponsored on your 457 for two years. We will only now for certain once the new Regulations are released in March 2018.

No, I did not say that at all. My point is that the employment experience part of the skills assessment is judged under different criteria than that required for 186 Direct entry. As such, each situation needs to be judged against it's own merits.

It is the latest update on the previous information released. reforms-australia-permanent-employer-sponsored-migration-programme.pdf

More details about grandfathering arrangements for people who held or applied for a subclass 457 before 18 April 2017: "People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream: - occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa); - the age requirement will remain at less than 50 years of age; and - the work experience requirement, and the requirement to have worked at least two out of the three years prior to nomination on a subclass 457, will remain at two years."

Vetassess skills Assessments are geared towards the points tested visas (subclass 189/190, etc.) and they therefore base their assessments on the rules for those visas. As such the occupation assessment of the Skills assessment can be used for the Direct Entry 186 but the employment section is not always useful or relevant.

It has become vary rare to speak with case officers as Immigration has adopted a no contact policy, with case officers not providing their full name or any contact details in most cases. The reality is however, that you need to meet the Regulations, there is no discretion. Sometimes however , there are grey areas which need to be argued with a well researched and presented written submission.

If the company has restructured, he can potentially still apply under the Transitional pathway of the subclass 186 without being affected by caveats. The issue will be the 457 transfer which will most likely be required. Unfortunately, at the moment, fairness does not seem to be a consideration of the migration program.

If only the "trading name" has changed, this is not a big issue and is only a notifiable event. If however, the business entity has changed, i.e. change of ABN, then this will be an issue as it will require an 457 nomination transfer and 186 under the new entity. If a 457 nomination is required, it will be assessed under the current Regulations, including the caveats. No "grandfathering" arrangements will apply. I believe that you will only confuse the situation by trying to obtain a solution to a potentially complex issue on a public forum. There is simply not enough information in your post to offer any worthwhile advice. If they are not clear or confident with the information they are receiving from their employer's Agent, they should seek an independent assessment of their situation.

From Policy: "Under policy, three months is taken to mean 88 days, which is the shortest possible combination of months in a calendar year. One full day of work is defined as having worked the minimum number of hours considered a standard day by the particular industry in which the applicant is employed. Generally, the Australian working week is 35 to 40 hours, comprising 7 to 8 hours of work each day. Individual employers cannot set a smaller period of time than the industry standard to satisfy the specified work requirement."

You were most likely confusing the subclass 186 and 187 as the conditions are different.

You need to be careful as your have an obligation to remain with your employer for 2 years. Make sure that your leave due to illness is noted and documented on your staff file. This is not correct. The subclass 187 has a condition to remain with the employer for two years. The visa can be cancelled if this obligation is not met.

If you actually read my post I did not say anything of the sort, as I have met and worked with good Lawyers. My point was that just because someone is a Lawyer, does not automatically mean that they will have any experience or knowledge of the Immigration process. My other point was that your assertion that Registered Agents do a two month course was total and utterly incorrect and misleading You have obviously had a good experience with a Lawyer, that's great. But that does not mean that you should try and discredit the entire Immigration profession based on your single experience. I have taken over refused Immigration matters from Lawyers and been successful in obtaining approvals. By your logic that should discredit the whole legal profession, which it certainly does not.

If a Lawyer is not involved in the Immigration industry they can find it difficult, as unlike many other facets of Law, Immigration changes constantly. That said there are many Lawyers who now specialize in Immigration almost exclusively. Don't assume that a Lawyer will know about immigration, simply because they are a lawyer. I often have Lawyers refer clients to me and when I teach CPD courses I have many lawyers participating in the same course as Registered Agents. As for Agents having 2 months of education, maybe you need to do some research yourself, before writing such incorrect statements. The current minimum qualification to become registered is a Graduate Certificate in Australian Migration Law and Practice and further assessment items.