How does the 457 work now?

[alialbabe]

Hi there

Bad news for me today...:sad:

I'm currently with an agent going for a 190 (Project Administrator) and we got to the skills assessment, which was lodged in March, then the agent emails today saying it's come back negative. They've accepted the qualification (Diploma in Project Management) but not my work experience. Just under 2 years in Records & Projects in Australia and 10 months as Records & Projects admin in NZ.

He says he doesn't understand why and is going to talk to an assessor at VETASSESS.

But then he also said more bad news, as of 01 July none of the states have your occupation on their lists - not one.

I feel a bit p*ssed because I queried this with him back in September last year when we first made contact and he assured me Project Administrator would be put back on the lists and there was a huge ceiling for it - so I trusted him on this.

 

Now...I have a history of 1 x WHV and 2 x student visas so I kind of know my stuff. But...back on my last student visa (just before I ran out of funds to fund a new student visa and therefore left for NZ) a company who were implementing my current employers EDRMS system, took an interest in my IT/Records skills and they knew I was a pom on a student visa.

They called me a few times when I was in Auckland (crying in a backpackers) and talked about a 457 and told me to look into it. I did try but I couldn't call the DIAC helpline from another country and this was before the website had a makeover. I tried to get info from the Australian immigration office here in NZ but they didn't seem very sure about anything they told me and certainly didn't seem overly eager to help.

Eventually the company seemed to think they'd have to pay heaps of money for me to work for them so they backed out. Although they keep in touch and emailed me only last week asking if I'd managed to get back into Australia yet.

 

So my question is - how do they go about sponsoring me on a 457 and how can I explain it to them so they don't get put off?

Process, timeline, tests required?

 

I am willing to foot all costs incurred and do most of the paperwork but I think I need to take ownership of this or they may back away again.

 

My background - Age - 32, partner - 31 (no skills).

Quals: 2 x Cert 4's in IT completed in Aus, Diploma in Project Management done through RPL but also in Australia. In total 1.5 years Australian study (in WA).

Work exp: About 20 months experience in Aus (WA) and 10 months work experience in NZ as Records/Projects officer.

Both Native english speakers. No kids. Partner has a brother in Victoria who is a citizen.

 

I've been at this since 2008 when I had my WHV. I've been stuck in NZ for nearly 2 years (haha just kidding... no I'm really not :dull:).

Please help :cry:

[Adam Grey]

There's a few things wrong above. Companies don't always have to show they're unable to hire an Australian (certainly not for IT positions) and nothing needs to be certified as it's an online only application.

 

Essentially it's a 3 stage process:

 

- The company either already holds or applies for a standard business sponsorship. This involves amongst other things showing that they meet training benchmark requirements, are lawfully and actively trading and have the capacity to meet their obligations. There's all kinds of different criteria depending on whether the company is in or outside Australia or has been trading for less than 12 months....Far too much to go into on here.

 

- The standard business sponsor then nominates the nominee to fill a skilled position within their company or an associated entity. Amongst other criteria the position must be genuine, must relate to an occupation on the CSOL and must be paid at the 'market rate of salary' (which must also be above $53,900). For certain occupations (broadly, trades, nursing & engineering) Labour Market Testing applies and means the company must demonstrate they advertised the position and could not find a suitable Australian to fill it.

 

- The applicant applies for the 457 visa demonstrating that they have the skills required for the visa. The skill requirement depends on the occupation and is defined in ANZSCO and a skills assessment is generally not required, however one important thing to note in your case is that the occupation of program or project administrator does require a mandatory skills assessment for a 457 visa.

[MaggieMay24]

Adam has given a good summary of the steps involved in a 457 visa. Although you may be willing to foot the costs, it's a requirement of the 457 that the sponsoring employer pay all costs involved in the sponsorship application as well as the employer nomination. You can pay your own application fees if you'd like. The employer is also obligated to pay your airfare costs to depart Australia if the 457 visa is cancelled so they should be aware of that.

[scattley]

If you are applying with a partner, the company must be willing to sponsor them as well (and pay their airfares in the case listed above).