Working offsite on 457 Visa

[GoldieLookinChain]

Hey guys,

 

Not sure if anyone can shed any light on my situation. I'm currently sponsored as a recruitment consultant on a 457 visa. At the time my visa was lodged my employer wasn't (and still isn't) eligible to be a nominated sponsor. So instead I am sponsored by a 3rd party company and I work offsite with my actual employer - I hope this makes sense.

As I have signed a full time permanent contract with both parties I was under the impression that I would be considered in the yes of immigration that I have been working in the same role I was sponsored as, and accrue the 2 years to make me eligible to apply for PR. I am about 21 months into this role so should be eligible to apply soon, but after checking with the 3rd party company that actually sponsors me - they think that I haven't accrued any time in the eyes of immigration to count towards a PR employer nominated application?? My actual employer where i work, seems to disagree and wants to help me get PR asap.

I understand this is a little complex but if anyone can shed any light it would make me feel heaps better. I cant call immigration because they're not accepting incoming calls at this time - too many people calling about the visa changes I imagine.

 

Thanks Duncan.

[Guest The Pom Queen]

Who pays your wage is it the 3rd party? I'm hoping someone like @wrussell @Raul Senise @Richard Gregan May be able to advise.

[GoldieLookinChain]

Thanks mate, my wages, super, tax, holiday and sick pay are paid by the 3rd party. From my understanding where I work just pays them to have me here. They make a "management fee" on top of my wages.

[Samson]

I would imagine the 3rd party company has a On hire 457 Labour agreement and not a standard business sponsor, if you are employed by a company via a hire agreement  you are not entitled to ENS i.e 457-PR as per advice from this link 

http://www.ozmigration.net.au/oz_migration_blogs/australian-457-visa-the-difference-between-sponsorship

However, I am not sure if things have changed since that post. 

[GoldieLookinChain]

Thanks for that. Its still going back and forth. I consulted a 3rd party migration agent who is reviewing a few details and seeing what he thinks. He asked to see a copy of the 457 nomination certificate thingy-mah-bob to see exactly that - if i was sponsored on an On hire 457 Labour agreement, I cant specifically see anything about that myself on the form but I imagine it would entail a little more research? Or should it say "On Hire Labour Agreement" somewhere in the form?

[Raul Senise]

It depends on your specific situation but it is extensively covered in Migration Policy.

[SophXSydney]

Hi There, 

you are the first person we have found that is in the exactly the same position as us regarding being on a 'lend-hire'. My partners Main job is recruitment consultant but visa documents state 'sales & marketing' (as he has been lent out to a recruitment company)...We have also heard there is no progression to PR available on this 'lend hire' visa   I was wondering how your situation has progressed? Any luck with PR? Would be great to hear from someone going through the same experience as us!

Sophie

[GoldieLookinChain]

Hey, it’s a pretty unique situation hey!!

 

I spoke to about 4 lawyers who all have contrasting information based on the fact none of them actually know what changes the government are planning on enforcing. But they all agreed that the way in which I was working on my 457 meant that I was not eligible for a PR application. I actually called immigration and they said I was eligible - did some research then said I wasn’t. 

 

In the end I transferred my visa over to another employer whom I working directly for this time. Start the 2 year process again. Someone else in my position was able to go through a PR application based on the fact they had a degree, which might be an option if he does. 

 

Good luck!