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457 questions


Alix Fisher

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Hi!

 

So I've got a few questions in relation to the 457 visa.. So I am currently here on a WHV, I'm a qualified radiographer and when my AHPRA comes through I'll be apply for jobs that come with a 457 sponsorship option. Now, on 457 you have to prove that you are better than another person going for the same job to get sponsorship, that they can't find anyone better.

 

Say if I and another person, presumably is Australian, (I'm from the UK), went for the same job, and I was already employed with them on a 6 month contract.. And then they re interviewed me for a sponsorship position say after 3 months, but had no choice but to advertise it publically even if they wanted to hire me.. How can the company get around not employing them over me even if they have the same skills and training etc?

 

Just confused in relation to this.. What if they're better than me in some aspects of the job and they have no choice to hire them but they WANT to give me sponsorship cos I've been working with them for 3 months already. Sorry for the long post...hopefully not too confusing to read!!

 

Alex

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I think that a lot of people assume that is how it works. There is no market testing for many 457 visa roles (not entirely sure about yours). If a sponsor shows that they want to sponsor & employ a particular person, then they just have to make sure that all the required criteria are met. That's how it worked with me!

 

Immigration cant force an employer to employ someone local just because they meet some qualification requirements and they look good on a CV.

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Hi!

Now, on 457 you have to prove that you are better than another person going for the same job to get sponsorship, that they can't find anyone better.

 

 

 

I didn't think "better" had anything to do with it. This is the departmental explanation of a 457 eligibility:

 

A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

 

https://www.border.gov.au/Trav/Visa-1/457-

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Hi!

 

So I've got a few questions in relation to the 457 visa.. So I am currently here on a WHV, I'm a qualified radiographer and when my AHPRA comes through I'll be apply for jobs that come with a 457 sponsorship option. Now, on 457 you have to prove that you are better than another person going for the same job to get sponsorship, that they can't find anyone better.

 

Say if I and another person, presumably is Australian, (I'm from the UK), went for the same job, and I was already employed with them on a 6 month contract.. And then they re interviewed me for a sponsorship position say after 3 months, but had no choice but to advertise it publically even if they wanted to hire me.. How can the company get around not employing them over me even if they have the same skills and training etc?

 

Just confused in relation to this.. What if they're better than me in some aspects of the job and they have no choice to hire them but they WANT to give me sponsorship cos I've been working with them for 3 months already. Sorry for the long post...hopefully not too confusing to read!!

 

Alex

 

Hi Alix,

 

I agree with the previous comments. There is no labour market testing for most Skill Level 1 occupations, and yours in one of them.

 

Joy

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It varies a bit by job.

 

Most roles carry out labour market testing. This is supposed to mean they have attempted to find a local for the job, but have been unable. In practise though, it doesn't really happen. If they have a dozen candidates and you are the only one requiring a 457, but they think you are the best candidate, most places would hire you

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