Raul Senise

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.

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.

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.

If you are not from one of the nominated counties you do not need a skills assessment for a subclass 457 visa.

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.

DIBP instructions: "Apply in person or by mail to the District Superintendent of Police at your place of residence or former residence."

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.

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.

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.

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.

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.

Yes, it is an occuopation on the CSOL. The requirements will depend on which visa you a are looking to apply for.

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.

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.

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.

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.

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.

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.

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.

This will depend on the specifics of your particular application as there a number of ways and different evidence required. Depending on the circumstances it may include contracts of Australians working for the company, industry awards, occupation and industry surveys, advertisements, advice form HR and recruitment companies, etc. As with many issues with migrating, there is no one simple answer that covers all scenarios. I would advise caution, as if the company does not understand “Market Rate” from a subclass 457 Immigration perspective, they may inadvertently provide documents which are detrimental to the application.

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.

Not having a Nomination approval does not constitute an “invalid” application, as you only need the associated Nomination to have been lodged. For an application to be considered “Invalid” it would require that Schedule 1 criteria were not met.

The sponsor needs to provide evidence to substantiate the “Market Rate” for the position being offered.

I would hazard a guess that your friend applied in a Trade Occupation and was assessed by TRA. TRA assessment requirements for employment references are far above all of the other assessing authorities.

I don’t think anyone can tell you what ANZSCO code to apply under without viewing your qualification transcripts, employment references and duties. The ANZSCO code is not an arbitrary number which you should just guess at (as this has already got you into trouble). It is a code based on the specifics of YOUR qualifications and employment background.