457 standard business sponsorship application and bridging visa

[Melbelle]

Hi Everyone,

 

This is my first post so please bare with me.

 

I arrived in Oz 18 Jan 2012 on working holiday visa (completed my specified work in a regional area) and was granted my second WHV which expires 17.1.14

 

My current employer is willing to sponsor me (they have never sponsored anyone before). We are going to submit the standard business sponsorship application, nomination and my 457 application all at once (tomorrow) and i would then go onto bridging visa. However we have been told that the bridging visa will not be granted until the standard business sponsorship application has been approved - which may be after my visa expires. Looking for advice on what to do - is this true?

 

Any help/experience would be much appreciated.

 

Thanks,

Mel

[wrussell]

Hi Everyone,

 

This is my first post so please bare with me.

 

I arrived in Oz 18 Jan 2012 on working holiday visa (completed my specified work in a regional area) and was granted my second WHV which expires 17.1.14

 

My current employer is willing to sponsor me (they have never sponsored anyone before). We are going to submit the standard business sponsorship application, nomination and my 457 application all at once (tomorrow) and i would then go onto bridging visa. However we have been told that the bridging visa will not be granted until the standard business sponsorship application has been approved - which may be after my visa expires. Looking for advice on what to do - is this true?

 

Any help/experience would be much appreciated.

 

Thanks,

Mel

 

If you lodge a valid application for a visa that can be granted in Australia you would usually be eligible for a bridging visa:

 

This might help you:

 

If a prospective standard business sponsor or prospective party to a labour agreement makes a nomination application, the application is not considered to have been made until their sponsorship is approved or they are approved as a party to the labour agreement. This is because, technically, only an approved sponsor can make a nomination application. The nomination form and fees, however, may be accepted provided the nominator has lodged a sponsorship application or made a submission to the Minister to enter into a labour agreement. If the person is approved as a sponsor, the processing of the nomination can be progressed.

In the case of an applicant who seeks to satisfy the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa on the basis that the applicant meets the requirements of subclause 457.223(4) of Schedule 2:

 

(i) the application must specify the person who has nominated, or who proposes to nominate, an occupation in relation to the applicant; and

(ii) the application must be accompanied by evidence that the person who has nominated, or proposes to nominate, the occupation is:

(B) a standard business sponsor; or

© a person who has applied for approval under regulation 2.61 as a standard business sponsor but whose application has not yet been decided; or …

 

 

If a prospective standard business sponsor or prospective party to a labour agreement makes a nomination application, the application is not considered to have been made until their sponsorship is approved or they are approved as a party to the labour agreement. This is because, technically, only an approved sponsor can make a nomination application. The nomination form and fees, however, may be accepted provided the nominator has lodged a sponsorship application or made a submission to the Minister to enter into a labour agreement. If the person is approved as a sponsor, the processing of the nomination can be progressed.

In the case of an applicant who seeks to satisfy the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa on the basis that the applicant meets the requirements of subclause 457.223(4) of Schedule 2:

(i) the application must specify the person who has nominated, or who proposes to nominate, an occupation in relation to the applicant; and

(ii) the application must be accompanied by evidence that the person who has nominated, or proposes to nominate, the occupation is:

(B) a standard business sponsor; or

© a person who has applied for approval under regulation 2.61 as a standard business sponsor but whose application has not yet been decided; or …

457.223(4)

(4) The applicant meets the requirements of this subclause if:

(a) each of the following applies:

(i) a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Act;

(ii) the nomination was made by a person who was a standard business sponsor at the time the nomination was approved;

(iii) the approval of the nomination has not ceased as provided for in regulation 2.75; and

And so on.