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Raul Senise

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Everything posted by Raul Senise

  1. As Rupert has advised, this can be a grey area and very difficult to advise on. There is insufficient information in your post to even attempt an answer. A careful review of your qualifications and employment background would need to be done for a proper assessment. I would advise that you proceed with caution as “Computer Tech Support, Systems support, Network Support” could fall under the occupation of ICT Support Technicians which is a totally different occupation and skill level to Computer Networks and Systems Engineer.
  2. From what the OP has posted the 485 is not an option. Under the Graduate Work stream he would need an occupation on the SOL, which Graphic Designer is not. Furthermore Graphic designer requires a Bachelor Qualification for skills assessment purposes. Under the Post-Study Work stream they would need a minimum of a Degree Qualification, a Diploma would not suffice.
  3. The size of the company does not affect whether they can sponsor or not. The problem you will have for sponsorship is that the occupation of Graphic Designer requires a Degree Qualification. If you have already used your working holiday visa you cannot now go and do regional work while on a student visa to qualify for a second WHV. Not enough information on your post to advise any sort of visa strategy.
  4. If you are not from one of the nominated counties you do not need a skills assessment for a subclass 457 visa.
  5. The short answer is Yes, it is possible as all three applications can be lodged together. Whether it is achievable depends on how organised and efficient you and your sponsor are in collecting all necessary documents and lodging valid applications in time.
  6. DIBP instructions: "Apply in person or by mail to the District Superintendent of Police at your place of residence or former residence."
  7. It looks like labour market testing will be introduced fromthe 23rd of November. Not much detail available yet and no ideal if it will be retrospectively applied to already lodged applications.
  8. As an explanation for Agent posting being short and to the point, you must understand that: Some issues are complex and we do not have the time to post an in-depth analysis of the Regulations; The Regulations can be complex and often not able to be summed up in a short post. Condensing a complex issue can lead to confusion and misunderstanding. These are often the posts where we will advise professional advice; There is often insufficient information on a thread to give any cogent and specific advice, as such we keep it general; As you will have noticed from Agent posts on this forum, we do not post on many threads. In most cases Agents on this forum will only comment on a small number. Usually when we can add value to the conversation, advise when a post or comment is incorrect and potentially dangerous or highlight when a case is complex and may need professional assistance.
  9. There is nothing in the Regulations which makes it easier to obtain a 457 in Regional areas. There used to be exemptions for Regional 457 applications but this was removed from the Regulations years ago. There are no easy rides I’m afraid.
  10. You are mistaken as this part is not related to the position being sponsored, but the business in general. There is currently no labour market testing for a 457.
  11. The 457 visa does not require the position to be advertised, irrelevant of where it is located. There are no Regional concessions for the 457 program and there haven’t been for many years.
  12. Yes, it is an occuopation on the CSOL. The requirements will depend on which visa you a are looking to apply for.
  13. Sorry Ashgoon, but it is difficult to offer further comment on a complex matter based on such little information. Either a 186 or 189 may be possible depending on the specifics. A 189 would avoid the ANZSCO discrepancy more than a 186.
  14. If your wife is the secondary applicant, I disagree with the case officer stating that the IELTS needs to have been completed before the application was made. No, case officers do not have discretion in regard to English. The Regulations for Functional English must be met and working in an English speaking country does not count.
  15. Once you apply of the 457 visa you cannot go back to work for the company as your working holiday visa will continue to be valid. Only once the Working Holiday visa expires will the bridging visa come into effect.
  16. A bridging visa is granted once you lodge a valid application for a visa (such as the 457) onshore. A bridging visa will not help your situation as your 417 will continue to be valid. SkillSelect is irrelevant to your situation. Yes. They must lodge a nomination application before you can lodge the visa application. There is a process to apply for an extension of work rights once you have lodged the 457 visa application. It is unlikely to help however as they can take longer than the visa application to process. The best advice to speed up processing would be to do the applications correctly the first time. The fact that the company has been requested to provide further documents and not yet lodged the nomination seems to suggest that they do not really know what they are doing and thus slowing down the process. If speed is of the essence, trying to quickly learn the process to do it yourself may not be the best strategy.
  17. This is a problem which I have seen before as it appears that the Immigration Department has little experience on what IT people actually do and approved almost any IT occupation for a 457. Software and Applications Programmers NEC is on the new ANZSCO (261399) but is an occupation which is so obscure that even ANZSCO states that “No occupations have currently been identified for this residual category”. It falls under the ANZSCO group of SOFTWARE AND APPLICATIONS PROGRAMMERS which includes Analyst Programmer, Developer Programmer, etc. The solution going forward will depend on what visa you are applying for.
  18. I have to agree with what Rupert and Blossom have stated, as your situation does not make much sense. There is not enough information to give you any cogent advice but it would appear that your husband may still hold a substantive visa (the working holiday visa). You and the kids on the other hand may not. If this is the case and your 186 visa has been refused, you and the kids may well be blocked from lodging a visa while in Australia due to section 48 of the Migration Act. A VEVO check could soon sort out all of your visa status. In regards to the 186 Nomination application, it could have still been considered under Direct Entry even if Transitional was ticked.
  19. The 6 month timeframe is just the DIBP “service standard” for this type of visa. As such most enquiries to DIBP in regards to processing before this time are met with the answer: “it is still within the published service standards”. To the Departments credit, most applications are being processed well within this time. As for DRC, Yes, they are supposed to be given priority although again, from experience, this is not always the case and I have seen non DRC applications be processed quicker than DRC in some instances.
  20. Just some general advice which I believe is pertinent to this thread. You should not compare your situation and timeline to other as this will only cause you undue stress and worry. There are too many variables with the processing system and it is not so organised that applications are all methodically assessed and approved in accordance to a specified timeline. The Immigration Department looks to process application within their “Service Standards” which for the Subclass 186 is 6 months. Variables which can affect the processing time are many and include: processing office, case officer experience, case officer holidays, country of passport, medicals, character, documents provided, market rate, contracts, occupation nominated, licensing, stream applied under, complexity of application and how well the application has been prepared and presented. From experience I can advise that even very similar applications lodged on the same day and processed at the same office can have very different timelines.
  21. Processing times for Subclass 186 applications continue to be a bit erratic but are steadily improving again. Specific circumstances of each application will also dictate processing times. Below are a few of my recent approvals to highlight variance in processing times. Nom Lodged 19 June, approved 02 September; Visa lodged 19 June, approved 03 September; Nom Lodged 07 June, approved 09 August; Visa lodged 07 June, approved 09 August; Nom Lodged August 2012, approved 15 May 2013 (Lodged by company themselves); Visa lodged 19 June, approved 26 August; Nom Lodged 18 June, approved 16 August; Visa lodged 18 June, approved 16 August;
  22. It is part of the Migration Agent details section. Yes, I have done many. All ENS applications since 1 July 2012 have been under the new (e plus) electronic lodgment system.
  23. The ENS processing is starting to gain momentum although processing times are still a bit erratic. As a guide I have had approvals recently ranging from 6 weeks from date of lodgement (nom and visa) up to about 5 months.
  24. Unfortunately there is not a lot of good news to report for 186 application processing at the moment. The new electronic system is causing continuing problems which it is hoped that the pending updates will resolve to some degree. At the moment (this afternoon) the system is not working at all. Order of processing is a bit inconsistent at the moment as I have had some non DRC applications approved before DRC applications lodged at the same time. This was for pre 1 July applications however, so not sure if this will happen under the new system.
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