gridlocker1981 Posted July 27, 2016 Share Posted July 27, 2016 I have a valid 457 visa with close to three years left on it. I got made redundant and I am now on my 90-day period in which to find a new job. The good news is that I have found a job that has previously sponsored employees under the 457 scheme. They have said they will provide a letter to say they want to employ me, but they said the application is down to me. I have been through various different sponsors before and never had to make the application myself before. Are they right saying all they need to provide is a letter? Or do they need to set something up with the department of immigration? It seems weird that I would have to do all the chasing round on their behalf (they're a big company). Any advice would be much appreciated, many thanks. Quote Link to comment Share on other sites More sharing options...
Bungo Posted July 27, 2016 Share Posted July 27, 2016 Yes very weird and I would doubt very much that a single letter is required. Keep looking for a new sponsor, this company don't seem to be bothered about employing you. Quote Link to comment Share on other sites More sharing options...
xxlornaxx Posted July 27, 2016 Share Posted July 27, 2016 When I changed employers I didn't need to do anything, they transferred it all over, I think I maybe had to sign an agreement to them doing that but that was all..it all went on without me..I just got told when it was complete Quote Link to comment Share on other sites More sharing options...
zoedan24 Posted July 27, 2016 Share Posted July 27, 2016 we were in a simular situation, previous employer told immi that my other half was no longer employed with them and we did a visa transfer. maybe speak to an agent about it and get them to help you out. ours took about 5 weeks. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 27, 2016 Share Posted July 27, 2016 I have a valid 457 visa with close to three years left on it. I got made redundant and I am now on my 90-day period in which to find a new job. The good news is that I have found a job that has previously sponsored employees under the 457 scheme. They have said they will provide a letter to say they want to employ me, but they said the application is down to me. I have been through various different sponsors before and never had to make the application myself before. Are they right saying all they need to provide is a letter? Or do they need to set something up with the department of immigration? It seems weird that I would have to do all the chasing round on their behalf (they're a big company). Any advice would be much appreciated, many thanks. This is not how it works. The new employer will need to lodge a nomination application for the potion to be filled by you. They will need to provide much more documentation than a letter. Quote Link to comment Share on other sites More sharing options...
chrispeck Posted July 27, 2016 Share Posted July 27, 2016 Raul is quite right, they will need to provide more than a letter. However, they can ask you to pay for the process, there's nothing wrong with that. We have had many people come to us when their employer said "find an agent and get them to lodge this", so in that sense the employee was sorting it out, but as an agent we can't do anything without the co-operation of the company. Assuming they went ahead it should take about 4 weeks to come through and then you can legally work for them. However, that's assuming their approval as a sponsor is still valid. Just because they sponsored people in the past doesn't mean they can still sponsor someone now. I think you need to speak to an agent, find out what's required, or go back to the employer and ask some more questions. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 27, 2016 Share Posted July 27, 2016 However, they can ask you to pay for the process, there's nothing wrong with that. This information is not correct. A sponsor can not pass the costs of subclass 457 sponsorship or nomination onto the visa applicant as this would be a breach of their sponsorship obligation. "Not recover, transfer or charge certain costs to another person: Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include: cost of sponsorship and nomination charges migration agent costs associated with the lodgement of sponsorship and nomination applications" Quote Link to comment Share on other sites More sharing options...
chrispeck Posted July 28, 2016 Share Posted July 28, 2016 Hey Raul, Thank you for pointing that out. I think in our cases we have gotten away with it due to usually splitting our fees between the company and the employee when doing the whole process (SBS, Nom and 457). However, we need to make sure we aren't charging the employee when we are doing the nomination only, or the nomination fee itself when doing the whole process. Many thanks, you may have saved us and a future client some grief! Quote Link to comment Share on other sites More sharing options...
Gkng Posted July 28, 2016 Share Posted July 28, 2016 Hi there, just wondering maximum how long immigration will took to make decision in 457 visa cases? I have been waiting from last july 2015. visa & nom- 12 july 2015 nomination approved - 22 july 2015 requested documents submit- 24 august 2015 since then no response from case officer.. Status shows - in progress Can anyone know whats reason behind delay ? And how many chances to get approval now ? thanks Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 28, 2016 Share Posted July 28, 2016 Hi there,just wondering maximum how long immigration will took to make decision in 457 visa cases? I have been waiting from last july 2015. visa & nom- 12 july 2015 nomination approved - 22 july 2015 requested documents submit- 24 august 2015 since then no response from case officer.. Status shows - in progress Can anyone know whats reason behind delay ? And how many chances to get approval now ? thanks Unfortunately they will take as long as they feel they should take. There was one forum member a year or so ago who also waited a year as his case kept being shuffled from one CO to another. If you are working with a migration agent, I'd hope they have escalated this to a senior official to find out the reason for the delay. If you have done this on your own, I'd contact DIBP to see if they can give you any information as to why it's taking so long and ask if there's any other information or documents they need to finalise your application. Quote Link to comment Share on other sites More sharing options...
Bungo Posted July 28, 2016 Share Posted July 28, 2016 Hi there,just wondering maximum how long immigration will took to make decision in 457 visa cases? I have been waiting from last july 2015. visa & nom- 12 july 2015 nomination approved - 22 july 2015 requested documents submit- 24 august 2015 since then no response from case officer.. Status shows - in progress Can anyone know whats reason behind delay ? And how many chances to get approval now ? thanks This is a very unusual length of time. Have you been following up? How about the employer? Are they really happy to keep the position open for that long? Perhaps they have withdrawn and just not told you? Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 28, 2016 Share Posted July 28, 2016 Hi there,just wondering maximum how long immigration will took to make decision in 457 visa cases? I have been waiting from last july 2015. visa & nom- 12 july 2015 nomination approved - 22 july 2015 requested documents submit- 24 august 2015 since then no response from case officer.. Status shows - in progress Can anyone know whats reason behind delay ? And how many chances to get approval now ? thanks This is an unusually long time, but it can sometimes happen unfortunately, as some "integrity checks" can take a very long time to process. That said you should follow up and obtain clarity as to the reason behind the delay. You also have the problem that your nomination has expired as it is longer than 12 months from when it was approved. As such the visa application can not be finalised until another nomination is approved for your position. Quote Link to comment Share on other sites More sharing options...
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