457 Visa - Self Application

[tomo3666]

Hi All,

 

My employer agreed to sponsor my 457 application, but has decided to go it alone rather than use an agent (they have agreed to pay the actual visa fee).

 

I work for a company that manufactures engravers/laser markers, and my job is to install/service/repair them. I've been in Oz since September, and have been working since I arrived.

 

I'm worried as I'm currently here on a 417 and I only have 4 months left (work wise), but there has been no mention of a skills assessment, English test or anything... Are there circumstances where these tests/assessments do not apply? I'm a little confused, and a bit worried that this all may come crashing down around me if not done correctly.

 

TIA

 

Carl

[wrussell]

Hi All,

 

My employer agreed to sponsor my 457 application, but has decided to go it alone rather than use an agent (they have agreed to pay the actual visa fee).

 

I work for a company that manufactures engravers/laser markers, and my job is to install/service/repair them. I've been in Oz since September, and have been working since I arrived.

 

I'm worried as I'm currently here on a 417 and I only have 4 months left (work wise), but there has been no mention of a skills assessment, English test or anything... Are there circumstances where these tests/assessments do not apply? I'm a little confused, and a bit worried that this all may come crashing down around me if not done correctly.

 

TIA

 

Carl

 

Once a valid 457 application is lodged, the 417 'clock' stops.

 

I have posted this before, but it would not hurt your employer to read it:

 

1. From a RMA:

DIBP are refusing 457 SBS, nominations and 457s for

any reason

The Department of Immigration and Border Protection

(DIBP) are doing their utmost best to

refuse any component of the 457 application process, but

most of all, 457 nominations.

Example of a large supermarket refusal

A large supermarket with more than 20 staff in a regional

area is trying to sponsor a marketing

specialist. The DIBP have refused the application on the

basis that the salary offered is too low,

at $55,000. However the market salary rates show $50K-

$60K and TSMIT is $53,000. And yet

the DIBP are still saying that $55,000 is too low and have

refused the application without giving a

chance for the sponsor to increase the salary. The sponsor

is more than happy to increase the

salary to whatever the DIBP want it to be as they need the

person badly. See the end of this

article for the interesting salary offered to ACS ICT case

assessors in Sydney city. Proceed to

roll your eyes.

Refusal on 'Genuineness' Criteria

Now let's look at the 'genuineness' criteria. The DIBP have

for a while 'deemed' that a position is

not necessary for the operation of a business and is hence,

not a genuine position. Don't you

just love the word 'deem' in the context of a case officer

and their decisions?

Take the example case of Mr S. Mr S is a man who has

given up a career in his home country

and moved to Australia on a 457 visa in around 2009. Mr S

qualified for permanent residency

(PR) to Australia but the business Mr S was sponsored by

was taken over by another company

with a different ABN. The PR application could therefore not

be lodged. Mr S originally started

on his 457 as a project and programme administrator, but

now to obtain a new 457 visa for the

same job at the second company, he needs to undergo a

skills assessment for the position of

project and programme administrator (the position he

currently holds and has held since

2009). Mr S holds a bachelors degree in nursing from

Indonesia.

Refusal due to PAMS conflicting with ANZSCO

On closer inspection, there is a discrepancy between the

skills assessment requirement

(qualification plus work experience) and ANZSCO

requirement. ANZSCO states that only work

experience is required, and not necessarily a qualification.

In the case of Mr S, the DIBP case officer inflexibly applied

PAMS. Whoever created this rule in

PAMs is probably referred to as the 'PAM GOD' within the

DIBP, such is the size of the brick wall

[W8ENN]

Once a valid 457 application is lodged, the 417 'clock' stops.

 

I have posted this before, but it would not hurt your employer to read it:

 

1. From a RMA:

DIBP are refusing 457 SBS, nominations and 457s for

any reason

The Department of Immigration and Border Protection

(DIBP) are doing their utmost best to

refuse any component of the 457 application process, but

most of all, 457 nominations.

Example of a large supermarket refusal

A large supermarket with more than 20 staff in a regional

area is trying to sponsor a marketing

specialist. The DIBP have refused the application on the

basis that the salary offered is too low,

at $55,000. However the market salary rates show $50K-

$60K and TSMIT is $53,000. And yet

the DIBP are still saying that $55,000 is too low and have

refused the application without giving a

chance for the sponsor to increase the salary. The sponsor

is more than happy to increase the

salary to whatever the DIBP want it to be as they need the

person badly. See the end of this

article for the interesting salary offered to ACS ICT case

assessors in Sydney city. Proceed to

roll your eyes.

Refusal on 'Genuineness' Criteria

Now let's look at the 'genuineness' criteria. The DIBP have

for a while 'deemed' that a position is

not necessary for the operation of a business and is hence,

not a genuine position. Don't you

just love the word 'deem' in the context of a case officer

and their decisions?

Take the example case of Mr S. Mr S is a man who has

given up a career in his home country

and moved to Australia on a 457 visa in around 2009. Mr S

qualified for permanent residency

(PR) to Australia but the business Mr S was sponsored by

was taken over by another company

with a different ABN. The PR application could therefore not

be lodged. Mr S originally started

on his 457 as a project and programme administrator, but

now to obtain a new 457 visa for the

same job at the second company, he needs to undergo a

skills assessment for the position of

project and programme administrator (the position he

currently holds and has held since

2009). Mr S holds a bachelors degree in nursing from

Indonesia.

Refusal due to PAMS conflicting with ANZSCO

On closer inspection, there is a discrepancy between the

skills assessment requirement

(qualification plus work experience) and ANZSCO

requirement. ANZSCO states that only work

experience is required, and not necessarily a qualification.

In the case of Mr S, the DIBP case officer inflexibly applied

PAMS. Whoever created this rule in

PAMs is probably referred to as the 'PAM GOD' within the

DIBP, such is the size of the brick wall

 

If the employer lodges an application and for whatever reason it gets turned down, can they resubmit or is there only 1 shot at this? If there is would you recommend using an immigration agent?

[Raul Senise]

Hi All,

 

My employer agreed to sponsor my 457 application, but has decided to go it alone rather than use an agent (they have agreed to pay the actual visa fee).

 

If they have never sponsored before, you should proceed with caution, as it is no longer a simple or straight forward process.

 

I work for a company that manufactures engravers/laser markers, and my job is to install/service/repair them. I've been in Oz since September, and have been working since I arrived.

 

Do you know what occupation you will be sponsored under?

 

I'm worried as I'm currently here on a 417 and I only have 4 months left (work wise), but there has been no mention of a skills assessment, English test or anything... Are there circumstances where these tests/assessments do not apply? I'm a little confused, and a bit worried that this all may come crashing down around me if not done correctly.

 

It depends on your specific circumstance in regards to the Skill and English requirements for the visa. As your situation is time critical, you need to know what is required in good time.

 

Some professional advice would be warranted in your situation.