graphicalstatus Posted August 18, 2015 Share Posted August 18, 2015 Hi all, My girlfriend and I are flying to Melbourne for a year on 7th September. Her work is due to commence on 14th September. She has been nominated by her employer for a 457 (Temporary work visa) and I am her dependant. We will be lodging the application tomorrow. I understand that this can take 2-3 months to process. In the meantime, can we get a Working Holiday VISA (417) to work with our employers lined up in Australia whilst we wait for the 457 to process? I contacted immigration today and they told me if we arrive on a holiday VISA, after applying for a 457, this is obvious we are not taking a holiday, and they can refuse you entry!? A 417 is different to a pure holiday visa though... If anyone can give us any advice or experience, I would really appreciate it! It's silly it's got to this point but we thought the VISA was taken care of by her employer, turns out, it was just the nomination. Many thanks, Dan Link to comment Share on other sites More sharing options...
Bungo Posted August 18, 2015 Share Posted August 18, 2015 You are kind of cutting that tight. How can you possibly say she is commencing work on 14 September when she doesn't have a visa yet? The employer knows she doesn't have a visa so can't work, so just wait for it to come through. To your plan, yes you can do it, it is a WHV not a straight tourist visa and I see no such issues such as the one you describe. But I really recommend against it for a different reason. A WHV is a once in a life time visa, why would you waste it for a couple of weeks work? Make the employer wait. I have seen people lose their jobs on a 457 visa but they are still young enough for a WHV and it has provided the life line they needed to get something else sorted out. Unless you are both turning 31 in the next few weeks, I think it is extremely foolish to throw your WHV away. You might need it, Link to comment Share on other sites More sharing options...
graphicalstatus Posted August 18, 2015 Author Share Posted August 18, 2015 Hi Bungo, First of all, thank you very much for replying. I appreciate it! We stupidly assumed that the employer was sorting out the visa for us. It turns out they were just doing the nomination. It wasn't until we recieved the nomination last week, that we could start the full application. Problem is, we have purchased our flights and our jobs end in the UK pretty soon. Therefore we are ready to get over to Oz and get started! I've already received my Working Holiday Visa and i'm hoping my girlfriend will be able to get hers pretty quickly. We are both turning 30 in the next 6 months so I don't mind us using it now. Thanks again, Dan Link to comment Share on other sites More sharing options...
Bungo Posted August 18, 2015 Share Posted August 18, 2015 The WHV is good until you are 31, so 18 more months. Let me play out a scenario. You arrive in Australia and both of you start working on your OH's 457 visa, her with the sponsoring employer and you with some other employer. But things don't pan out with her employer, either just a personality clash and she hates it and cannot continue, or perhaps the economic downturn currently evident in Australia just means they cannot keep her on. Well in this case, you could switch to the WHV when the 457 is cancelled and it gives you up to a year to find something else for yourselves. But if you have started the WHV for a couple of weeks to get yourself going, then you have no such option. The WHV is gone and you may both need to leave the country unless you can sort something else out with a new employer very quickly. Honestly I have seen the WHV being used as a life line time and time again. Change your flights and save the WHV or be prepared to throw it away for ever. Link to comment Share on other sites More sharing options...
adaminoz Posted August 18, 2015 Share Posted August 18, 2015 Yeah, I have a friend who would currently benefit from such a lifeline that for a similar reason to yours isn't available and she very much wishes it was. Link to comment Share on other sites More sharing options...
graphicalstatus Posted August 19, 2015 Author Share Posted August 19, 2015 So, i've spoke to the very diplomatic immigration staff who can't give advice either way other than it’s not recommended to apply for a 457 then WHV, it’s “not the appropriate pathway” he says that it’s “doable” but he can’t predict the questions the border guards will ask. He says you should enter Australia with the visa that is correct for the purpose of the visit. He wouldn’t give me an answer as to whether we should apply in Australia, or outside Australia... he just kept saying “it’s up to the client”. It takes usually 2-10 working days for a WHV to come through and applying for one, should not affect the other application, it’s whichever one comes first. I will discuss delaying our trip with my partner. I agree it's the wisest thing to do! Lets hope we get the 457 as quickly as possible. I am keen to get going! Dan Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 19, 2015 Share Posted August 19, 2015 Nice to see that occasionally DIBP staff get it right when you speak with them. That's basically correct information from what I know. It's doable, but it's not the right way to go about it and you may get some questions upon arrival (and the border officials can cancel a visa if they think you've arrived on a visa that isn't appropriate to the purpose of your travel). Link to comment Share on other sites More sharing options...
Suzukiscottie Posted August 19, 2015 Share Posted August 19, 2015 Seems strange that an employer would employ someone with no work rights in that country, and then specify a starting date within a short time-frame, knowing that the required sponsored visa process can be lengthy. And the new employee already has flights arranged, a date of arrival, and no visa arranged. Has this employer sponsored previously? Link to comment Share on other sites More sharing options...
Quinkla Posted August 20, 2015 Share Posted August 20, 2015 Seems strange that an employer would employ someone with no work rights in that country, and then specify a starting date within a short time-frame, knowing that the required sponsored visa process can be lengthy. Employers want to fill the post quickly and absolutely don't want to hold a post open whilst someone migrates very slowly - sometimes prospective employees keep faffing around and way later decide to pull out because it's all too hard. The employer want the employee to get on with it and a short time-frame can help to focus minds. Many of them would be open to small extensions to the start date provided you can show that the migration process is actually happening. Link to comment Share on other sites More sharing options...
Bungo Posted August 20, 2015 Share Posted August 20, 2015 Employers want to fill the post quickly and absolutely don't want to hold a post open whilst someone migrates very slowly - sometimes prospective employees keep faffing around and way later decide to pull out because it's all too hard. The employer want the employee to get on with it and a short time-frame can help to focus minds. Many of them would be open to small extensions to the start date provided you can show that the migration process is actually happening. But the employer is sponsoring them. So they have significant control over the application and a more reasonable employer would not expect someone to up sticks and book flights before they visa they are sponsoring is actually granted! Link to comment Share on other sites More sharing options...
Nemesis Posted August 20, 2015 Share Posted August 20, 2015 But the employer is sponsoring them. So they have significant control over the application and a more reasonable employer would not expect someone to up sticks and book flights before they visa they are sponsoring is actually granted! The OP did say that they thought the employer was sorting the visa out for them, so I guess perhaps they assumed all they had to do was book the travel and then the visa would be granted withut them doing anything. Sounds crazy to us, but then we've all been dealing with visas for years, for someone dipping their toe in for the first time I can see where the misunderstandings could arise...... Link to comment Share on other sites More sharing options...
Bungo Posted August 20, 2015 Share Posted August 20, 2015 The OP did say that they thought the employer was sorting the visa out for them, so I guess perhaps they assumed all they had to do was book the travel and then the visa would be granted withut them doing anything.Sounds crazy to us, but then we've all been dealing with visas for years, for someone dipping their toe in for the first time I can see where the misunderstandings could arise...... I was not commenting on the wisdom of OPs plan. I was responding to another comment about employers not wanting to wait for future employees to migrate. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 20, 2015 Share Posted August 20, 2015 Whenever I speak with a prospective employee that will involve a 457 visa, I always quote 3 months as a target start date and then advise them not to make any irreversible plans until their visa is granted. Ours tend to be intra-company transfers so we can be more flexible perhaps, but any employer should have some leeway with their schedule if they know anything about the visa process. Link to comment Share on other sites More sharing options...
Cubiscus Posted August 20, 2015 Share Posted August 20, 2015 Employers want to fill the post quickly and absolutely don't want to hold a post open whilst someone migrates very slowly - sometimes prospective employees keep faffing around and way later decide to pull out because it's all too hard. The employer want the employee to get on with it and a short time-frame can help to focus minds. Many of them would be open to small extensions to the start date provided you can show that the migration process is actually happening.Quite, this scenario does legitimately happen and often the employer will just go with a local worker instead if an opportunity isn't taken quickly. Not every business can wait 3 months. Link to comment Share on other sites More sharing options...
Bungo Posted August 20, 2015 Share Posted August 20, 2015 Quite, this scenario does legitimately happen and often the employer will just go with a local worker instead if an opportunity isn't taken quickly. Not every business can wait 3 months. And employers should be going with local workers rather than a 457 applicant! The fact they need to resort to sponsoring, ought to mean they cannot find somebody locally and accordingly they should be reasonable with start dates. Link to comment Share on other sites More sharing options...
Cubiscus Posted August 20, 2015 Share Posted August 20, 2015 It may be that the 457 applicant is of a higher quality or has skills not available locally, but they won't wait forever. Business needs are often immediate, as are opportunities. Link to comment Share on other sites More sharing options...
graphicalstatus Posted August 20, 2015 Author Share Posted August 20, 2015 We are going to wait for the 457. My girlfriend has applied and had her medical today, and received her nomination. Flights not yet changed but if it doesn't come through in 10 working days, she'll put the flight back to October. Thanks for all your responses. Link to comment Share on other sites More sharing options...
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