457 Application Pending

[Elliot]

Hi guys, 

Long time lurker, first time poster..

Me and my partner are currently waiting for our 457 visa application to be approved.

We are very close but todays news of 457 abolishment is worrying.

Does anyboday know how this will affect applicants whose visas are currently processing?

Thanks

[VERYSTORMY]

From what I understand, if you fulfill the new criteria, then all is good.

[Elliot]

Thanks for the reply. I am a graphic designer which appears to be unaffected, hopefully all good as the application was lodged in January.

[OZnewbie]

I've spoken to the Immigration office yesterday.. 59th caller but managed to get through within an hour..

Apparently the new changes are coming into effect as of March 2018 so I think if you've lodged your application already, this should not be effected. 

I'm also relieved that Elliot is also waiting on his 457 since January. We've lodged ours beginning of Jan when we thought it the process would be 2 months max ( low risk country)... now we are aiming for the 6 month processing time...hopefully we don't get stuck as being the 10% of applications that don't get approved within this period. 

 

[VERYSTORMY]

6 hours ago, OZnewbie said:

I've spoken to the Immigration office yesterday.. 59th caller but managed to get through within an hour..

Apparently the new changes are coming into effect as of March 2018 so I think if you've lodged your application already, this should not be effected. 

I'm also relieved that Elliot is also waiting on his 457 since January. We've lodged ours beginning of Jan when we thought it the process would be 2 months max ( low risk country)... now we are aiming for the 6 month processing time...hopefully we don't get stuck as being the 10% of applications that don't get approved within this period. 

 

First, never take advice from immigration - notorious for incorrect advice.

Second, that seems to be the case here as migration agents posting are making it clear that changes come in immediately - the new visa doesn't come in immediately, but the regs do and will apply to applications made but not granted. Hence, the department have stated if you no longer qualify, you should seek a refund.

[Elliot]

Our agent came back to us today. I have a degree in graphic design but only 20 months work experience. The new legislation states a 24 month minimum work experience term.

Our agent has advised us that although the occupation is still on the list its now unlikely it will go through :(. 

We are from the uk (low risk). This is very worrying as we were so close for getting it.

[Welshtone]

The general requirement for 2 years experience will be for all occupations from March 2018.  Unfortunately, your occupation now has a caveat immediately requiring that the POSITION requires a person with at least 2 years experience - of course, it would then follow for your visa assessment that you have at least 24 months experience.  

 

So withdraw both applications and immediately re-lodge the Nomination which clearly states that it requires a qualified Graphic Designer with a minimum of 2 years experience.  If that gets approved in the next 6 to 8 weeks or whatever, when you have the 2 years experience, re-lodge your 457 visa application.  It will now be a 2 year 457 visa with a maximum on-shore extension of one further 2 year period and no avenue to Permanent residence unless the occupation swaps to the MLTSSL List or you obtain State Sponsorship for the 190 Skilled Visa - so you would have to look at it as a maximum 4 year overseas placement unless things turn in your favour during the 4 year period of stay. 

 

 

[Raul Senise]

On 4/19/2017 at 10:45 AM, OZnewbie said:

I've spoken to the Immigration office yesterday.. 59th caller but managed to get through within an hour..

Apparently the new changes are coming into effect as of March 2018 so I think if you've lodged your application already, this should not be effected. 

 

The information you have received from the Immigration Department is incorrect.

Some of the changes came into effect immediately and any pending subclass 457 applications will need to meet the new rules.

Many applicants will be given the chance to withdraw or face refusal.

 

[OZnewbie]

On 4/21/2017 at 7:58 AM, Raul Senise said:

The information you have received from the Immigration Department is incorrect.

Some of the changes came into effect immediately and any pending subclass 457 applications will need to meet the new rules.

Many applicants will be given the chance to withdraw or face refusal.

 

Indeed you are right... I literally called them as the story broke so I don't think they properly knew themselves... What are your opinions on how this new process will impact the processing times of the applications which are currently in the queue? In my opinion, it could really go both ways.. either the still 'eligible' applications will be processed quicker as non eligible occupation applications will be easily refused, or each and every single application will be scrutinized in detail...

[Raul Senise]

It will most likely delay processing as Immigration has stated that they will give non eligible applications the chance to withdraw and seek a refund.

This means they need to assess all pending application to determine which ones the new rules apply to.

[Almas]

On 4/19/2017 at 13:37, VERYSTORMY said:

First, never take advice from immigration - notorious for incorrect advice.

Second, that seems to be the case here as migration agents posting are making it clear that changes come in immediately - the new visa doesn't come in immediately, but the regs do and will apply to applications made but not granted. Hence, the department have stated if you no longer qualify, you should seek a refund.

Is it clear whether the pending applicants are affecting 100% or not? If they yes, what sort of affect for them? My position is now in Short List. My nomination was ok in 2016/ Nov. One Ausse lawyer told me not to worry if the visa approved before March 2017. So what does mean???

[VERYSTORMY]

57 minutes ago, Almas said:

Is it clear whether the pending applicants are affecting 100% or not? If they yes, what sort of affect for them? My position is now in Short List. My nomination was ok in 2016/ Nov. One Ausse lawyer told me not to worry if the visa approved before March 2017. So what does mean???

Is the visa approved now? If not, then the new rules will apply. Meaning you would only get a 2 year visa with limited prospects to later get a permanent visa. 

[Almas]

4 hours ago, VERYSTORMY said:

Is the visa approved now? If not, then the new rules will apply. Meaning you would only get a 2 year visa with limited prospects to later get a permanent visa. 

But according to new rules no one from SHORT LIST will not get the pathway to PR in later. Also they can apply to extend for 2 year only. After that come back from Australia!!! What do you think in this issue?

[VERYSTORMY]

1 hour ago, Almas said:

But according to new rules no one from SHORT LIST will not get the pathway to PR in later. Also they can apply to extend for 2 year only. After that come back from Australia!!! What do you think in this issue?

Correct and that will apply to you.