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Guys, need help!

 

Does anyone have any idea about same positions? I mean when there is a same position as 457 holder in organization, whose salary should be higher? 457 holder or the other one who might be a permanent or citizen?

We submitted a statement explaining my husband experience and qualifications and now our MA is questioning why the other person is getting less salary while she is casual and should be paid more!! We are so confused and don't know what does this mean and who should get paid more and why?!

Does anyone face same issue?

 

There could be many reasons why the other employee's pay is different (whether higher or lower) than your husband's. However neither your MA or your employer should be sharing other employee pay details with your husband as that should be considered confidential information.

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Hi everyone.

 

I've been lurking in the shadows following this thread for months now, but today I had some news so I thought I'd contribute.

 

My time line is...

Nomination submitted: 27/01/15

Nomination approved: 20/05/15

Visa application submitted: 20/05/15

Occupation: Civil Engineer

Processing Center: NSW

Home Country: UK

No Migration Agent Used

 

I'll add all that to my signature once I get enough posts under my belt.

 

So anyway, my story goes...I work for a small civil engineering contractor in Victoria, have done for 3 & 1/2 years now on a 457. HR & admin issues happen pretty slowly here as we are only a small team and I'm the only employee on a visa, so even though I passed the 2yr mark on my 457 visa a while back, my employer didn't get round to submitting the nomination until January this year. I decided not to apply for my visa at the same time as the nomination was submitted as as I didn't want to risk loosing the application fee if the nomination was declined for whatever reason. The nomination was approved 20th May and I submitted my visa application the same day. Did the medical the next week, submitted all the police checks from the UK and Australia, employment contracts, payslips, group certificates, birth certificates, proof of address, passport details, copy of my degree...everything I could think of, and everything that was required. At least that's what I thought....

 

Today, finally after years of working towards this (and believe me I've been working hard, 65-75hrs a week, everyweek, on salary, for the last 3.5yrs) and 9 months since the nomination was submitted, I heard back from immigration, or "Borders" was they like to call themselves these days. Of course I was expecting the email to be an approval, but no, it was a request for information. Information I don't have. They're asking me for proof of my license or registration to work as a Civil Engineer in Victoria. Trouble is I'm not licensed or registered. This request was a real shock to me as obviously I've been working in this role for 3.5yrs now, and most of our clients are Government Bodies such as VicRoads & RMS, and not once have I heard of a requirement for me to be licensed or registered. Plus when I went through this whole process years ago to get my 457 this requirement was never asked for. So I've looked into it, and the requirement for civil engineers to be licensed is only for those engaged in the Building Industry in Victoria (Just as plumbers, electricians, builders etc need to be licensed) . My company is a civil engineering contractor, we don't work in the Building Industry, all our work is highway and bridge construction. In my time here I've work with dozens of other civil engineers from the likes of VicRoads, Thiess, John Holland etc. and not one of them would have been licensed with the Victorian Building Authority, as it's not a requirement in our industry unless one is proof checking and certifying designs, which I'm not. The Construction industry is different from the Building Industry. The trouble is, I'm not sure if a case officer would be aware of this difference, as I guess it's not something one would know unless they worked in the industry.

 

I've emailed my case officer trying to explain the situation, and I've sent a few links to the Victorian Building Authority website where it states that "only civil engineers engaged in the building industry need to be licensed" but I think the trouble I'm going to have is convincing them that Civil Engineering construction is not part of the building industry.

 

I'm hopeful that they understand this, but at the same time I think it might take more than just a simple email to prove it. I'm confident that an immigration lawyer could successfully argue my case, but to be honest, right now I just want an answer one way or another, I don't think I could bear to drag this out for another 6 months. As you'll know, having the unknown hanging over you for months and years on end is a huge burden and takes it's toll. I've been in a committed relationship with an Australian girl for the last 2.5yrs and we're at the stage (and age) where we would like to consider what's next for us, and not knowing if I can stay in the country has been hard on us both. I know I we could go down the defacto route, but how long will that take and how much will it cost?? Also I wanted to get PR off my own effort., I arrived in Australia on my own 4yrs ago, and it's been a long slog to get to where i am today (as it has for everyone on this forum) and I was hoping to get a sense of achievement when my PR was granted, to feel like all my effort was worth it. But maybe it won't happen now. I've not heard of a 186 transition application being rejected once the nomination has been approved, but maybe I could be the first!

 

Well anyway, apologies for the long and boring post, I guess I just wanted to get that off my chest, and also let you know that another May application was looked at today, even if it wasn't approved!

 

Once I hear back from immigration I'll let you know. I think I have a 50/50 chance of some good news, but I'm going to have some sleepless night waiting to find out.

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@DanC welcome!

 

This is not acceptable. The transition stream is exactly for people who don't need to actually prove their skills anymore - they already did it when applying for a 457. Are you absolutely sure you applied for the transition stream and not for the direct entry? I know it's obvious, but some people actually got their application rejected for applying in the wrong stream!

 

See what the CO says but in any case remember that if your application is refused, you have all rights to apply for a tribunal review. Only thing is, it will take so many months!

 

This sucks and I feel for you, I am sure there's a way out of it!

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Hi everyone.

 

I've been lurking in the shadows following this thread for months now, but today I had some news so I thought I'd contribute.

 

My time line is...

Nomination submitted: 27/01/15

Nomination approved: 20/05/15

Visa application submitted: 20/05/15

Occupation: Civil Engineer

Processing Center: NSW

Home Country: UK

No Migration Agent Used

 

I'll add all that to my signature once I get enough posts under my belt.

 

So anyway, my story goes...I work for a small civil engineering contractor in Victoria, have done for 3 & 1/2 years now on a 457. HR & admin issues happen pretty slowly here as we are only a small team and I'm the only employee on a visa, so even though I passed the 2yr mark on my 457 visa a while back, my employer didn't get round to submitting the nomination until January this year. I decided not to apply for my visa at the same time as the nomination was submitted as as I didn't want to risk loosing the application fee if the nomination was declined for whatever reason. The nomination was approved 20th May and I submitted my visa application the same day. Did the medical the next week, submitted all the police checks from the UK and Australia, employment contracts, payslips, group certificates, birth certificates, proof of address, passport details, copy of my degree...everything I could think of, and everything that was required. At least that's what I thought....

 

Today, finally after years of working towards this (and believe me I've been working hard, 65-75hrs a week, everyweek, on salary, for the last 3.5yrs) and 9 months since the nomination was submitted, I heard back from immigration, or "Borders" was they like to call themselves these days. Of course I was expecting the email to be an approval, but no, it was a request for information. Information I don't have. They're asking me for proof of my license or registration to work as a Civil Engineer in Victoria. Trouble is I'm not licensed or registered. This request was a real shock to me as obviously I've been working in this role for 3.5yrs now, and most of our clients are Government Bodies such as VicRoads & RMS, and not once have I heard of a requirement for me to be licensed or registered. Plus when I went through this whole process years ago to get my 457 this requirement was never asked for. So I've looked into it, and the requirement for civil engineers to be licensed is only for those engaged in the Building Industry in Victoria (Just as plumbers, electricians, builders etc need to be licensed) . My company is a civil engineering contractor, we don't work in the Building Industry, all our work is highway and bridge construction. In my time here I've work with dozens of other civil engineers from the likes of VicRoads, Thiess, John Holland etc. and not one of them would have been licensed with the Victorian Building Authority, as it's not a requirement in our industry unless one is proof checking and certifying designs, which I'm not. The Construction industry is different from the Building Industry. The trouble is, I'm not sure if a case officer would be aware of this difference, as I guess it's not something one would know unless they worked in the industry.

 

I've emailed my case officer trying to explain the situation, and I've sent a few links to the Victorian Building Authority website where it states that "only civil engineers engaged in the building industry need to be licensed" but I think the trouble I'm going to have is convincing them that Civil Engineering construction is not part of the building industry.

 

I'm hopeful that they understand this, but at the same time I think it might take more than just a simple email to prove it. I'm confident that an immigration lawyer could successfully argue my case, but to be honest, right now I just want an answer one way or another, I don't think I could bear to drag this out for another 6 months. As you'll know, having the unknown hanging over you for months and years on end is a huge burden and takes it's toll. I've been in a committed relationship with an Australian girl for the last 2.5yrs and we're at the stage (and age) where we would like to consider what's next for us, and not knowing if I can stay in the country has been hard on us both. I know I we could go down the defacto route, but how long will that take and how much will it cost?? Also I wanted to get PR off my own effort., I arrived in Australia on my own 4yrs ago, and it's been a long slog to get to where i am today (as it has for everyone on this forum) and I was hoping to get a sense of achievement when my PR was granted, to feel like all my effort was worth it. But maybe it won't happen now. I've not heard of a 186 transition application being rejected once the nomination has been approved, but maybe I could be the first!

 

Well anyway, apologies for the long and boring post, I guess I just wanted to get that off my chest, and also let you know that another May application was looked at today, even if it wasn't approved!

 

Once I hear back from immigration I'll let you know. I think I have a 50/50 chance of some good news, but I'm going to have some sleepless night waiting to find out.

 

Welcome the forum mate !

 

Don't know why but I have a feeling that your issue will be resolved quickly. They might be unaware of this info but I don't expect them to be so unreasonable on license, and hopefully the info which you provided would guide them to right direction. You have not done anything wrong and just complied with the law, if there was any objection then 457 would have been a problem too. Can you try to reach out to someone in department handling Civil Engineering matters and try to get a letter from them to clarify this point? (just to re-enforce the links/details you provided)?

 

I am quite confident this will be resolved, be positive mate :)

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@DanC welcome!

 

This is not acceptable. The transition stream is exactly for people who don't need to actually prove their skills anymore - they already did it when applying for a 457. Are you absolutely sure you applied for the transition stream and not for the direct entry? I know it's obvious, but some people actually got their application rejected for applying in the wrong stream!

 

See what the CO says but in any case remember that if your application is refused, you have all rights to apply for a tribunal review. Only thing is, it will take so many months!

 

This sucks and I feel for you, I am sure there's a way out of it!

I think you r right they might have applied direct stream. .. not trt... as its not recommended any sort of other documents like license. ..

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Just a reminder to people who are viewing the forum and not sharing their timeline and dates - not good guys. Its just like peeping into someones bedroom.

Just felt that way, not that you cant do it but theres no harm in saying hello and introduce yourself just so god forbidden you need to use this sentence - been following the forum from long time and thought will say hi and i need help looks mean.

Don't know i might feel its normal tomorow morning but this is what im currently feeling.

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Hi everyone.

 

I've been lurking in the shadows following this thread for months now, but today I had some news so I thought I'd contribute.

 

My time line is...

Nomination submitted: 27/01/15

Nomination approved: 20/05/15

Visa application submitted: 20/05/15

Occupation: Civil Engineer

Processing Center: NSW

Home Country: UK

No Migration Agent Used

 

I'll add all that to my signature once I get enough posts under my belt.

 

So anyway, my story goes...I work for a small civil engineering contractor in Victoria, have done for 3 & 1/2 years now on a 457. HR & admin issues happen pretty slowly here as we are only a small team and I'm the only employee on a visa, so even though I passed the 2yr mark on my 457 visa a while back, my employer didn't get round to submitting the nomination until January this year. I decided not to apply for my visa at the same time as the nomination was submitted as as I didn't want to risk loosing the application fee if the nomination was declined for whatever reason. The nomination was approved 20th May and I submitted my visa application the same day. Did the medical the next week, submitted all the police checks from the UK and Australia, employment contracts, payslips, group certificates, birth certificates, proof of address, passport details, copy of my degree...everything I could think of, and everything that was required. At least that's what I thought....

 

Today, finally after years of working towards this (and believe me I've been working hard, 65-75hrs a week, everyweek, on salary, for the last 3.5yrs) and 9 months since the nomination was submitted, I heard back from immigration, or "Borders" was they like to call themselves these days. Of course I was expecting the email to be an approval, but no, it was a request for information. Information I don't have. They're asking me for proof of my license or registration to work as a Civil Engineer in Victoria. Trouble is I'm not licensed or registered. This request was a real shock to me as obviously I've been working in this role for 3.5yrs now, and most of our clients are Government Bodies such as VicRoads & RMS, and not once have I heard of a requirement for me to be licensed or registered. Plus when I went through this whole process years ago to get my 457 this requirement was never asked for. So I've looked into it, and the requirement for civil engineers to be licensed is only for those engaged in the Building Industry in Victoria (Just as plumbers, electricians, builders etc need to be licensed) . My company is a civil engineering contractor, we don't work in the Building Industry, all our work is highway and bridge construction. In my time here I've work with dozens of other civil engineers from the likes of VicRoads, Thiess, John Holland etc. and not one of them would have been licensed with the Victorian Building Authority, as it's not a requirement in our industry unless one is proof checking and certifying designs, which I'm not. The Construction industry is different from the Building Industry. The trouble is, I'm not sure if a case officer would be aware of this difference, as I guess it's not something one would know unless they worked in the industry.

 

I've emailed my case officer trying to explain the situation, and I've sent a few links to the Victorian Building Authority website where it states that "only civil engineers engaged in the building industry need to be licensed" but I think the trouble I'm going to have is convincing them that Civil Engineering construction is not part of the building industry.

 

I'm hopeful that they understand this, but at the same time I think it might take more than just a simple email to prove it. I'm confident that an immigration lawyer could successfully argue my case, but to be honest, right now I just want an answer one way or another, I don't think I could bear to drag this out for another 6 months. As you'll know, having the unknown hanging over you for months and years on end is a huge burden and takes it's toll. I've been in a committed relationship with an Australian girl for the last 2.5yrs and we're at the stage (and age) where we would like to consider what's next for us, and not knowing if I can stay in the country has been hard on us both. I know I we could go down the defacto route, but how long will that take and how much will it cost?? Also I wanted to get PR off my own effort., I arrived in Australia on my own 4yrs ago, and it's been a long slog to get to where i am today (as it has for everyone on this forum) and I was hoping to get a sense of achievement when my PR was granted, to feel like all my effort was worth it. But maybe it won't happen now. I've not heard of a 186 transition application being rejected once the nomination has been approved, but maybe I could be the first!

 

Well anyway, apologies for the long and boring post, I guess I just wanted to get that off my chest, and also let you know that another May application was looked at today, even if it wasn't approved!

 

Once I hear back from immigration I'll let you know. I think I have a 50/50 chance of some good news, but I'm going to have some sleepless night waiting to find out.

 

Honestly im not sure but from what others said if 457 was approved with same position there shouldnt be a problem. Rest if you need a lawyer hire a lawyer not an agent you need someone strong by the looks of it. There are few in west and i know people contracted by vicroads and john holland who used this particular lawyer previously for 186.

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you must be more crazy as their are doing last days of may, mine is still 1 june.

 

Hahaha you can say that again. My nomination was approved in 3 months and 2 days. I'm beating myself up for not lodging my visa at the same time. Only got the courage to lodge it 2.5 months later when I realised my sanity is probably worth more than the visa fee.

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