imthedave Posted August 25, 2017 Share Posted August 25, 2017 Hi, I'm after some advice. My 457 has recently been granted for a position on the MLTSSL list. It was a renewal as I'd held one that was about to expire. The title says it all in that although the eligibility is supposed to be 4 years, the visa was only granted for 2. I'm hoping its a clerical error but as some background, the position was put on the 2 year list in April then moved back the MLTSSL list in July. The position (111111 CEO/Managing Director) has some a caveat against it which links to the ability to actually apply in the first place rather than the length of time it would be granted for. Either way, I very easily meet this so it's not an issue. The renewal application was submitted in May and it was granted in August (last week). Even though at the time of submission, the position was on the 2 year list, we still applied for the 4 years (48 months) on the application. The Company sponsorship SBS was also up for renewal at the same time and this was renewed for 5 years 2 weeks before the visa was granted. I can't see any reason at all why this would only have been granted for 2 years and feel it is possibly a clerical error (there was no explanation or anything in the visa grant) other than the conditions it was granted against... employment, salary level, health insurance etc.. All the normal things. The only thing out of the ordinary was at the time of application submission, the position was on the 2 year list. It wasn't even processed or looked at other than granting the bridging visas before August. No updates between 2nd May (submission and bridging visas granted) and 21st August (when finalised and granted) I've asked my MA to contact them about this and ask why. They say its about 3 hours work (which they will of course charge me for!) and although there is a timeframe to appeal against rejected visa applications, there is no specific timeframe to question a granted one. They reckon it would take the department 2 - 3 weeks to respond. I know technically the MLTSSL visa says 'a maximum of 4 years' but it doesn't imply anything that would result in a shortened period or an 'up to 4 years' condition. I'm pushing my MA to hurry up with this because I don't want the rules to change again and the position be moved back to the short list but other than go through the MA to deal with, I don't actually know who to contact directly myself. If I phone the Immigration department, they give out general advice and not case specific. Any thoughts would be appreciated. Thanks Quote Link to comment Share on other sites More sharing options...
imthedave Posted August 30, 2017 Author Share Posted August 30, 2017 UPDATE: Department have corrected my visa and granted it for 4 years :-) No explanation but I'm not bothered by that. At least I've got it now! 1 Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 30, 2017 Share Posted August 30, 2017 Well done Quote Link to comment Share on other sites More sharing options...
Cheryl and Wayne Posted September 21, 2017 Share Posted September 21, 2017 On 30/08/2017 at 04:14, imthedave said: UPDATE: Department have corrected my visa and granted it for 4 years :-) No explanation but I'm not bothered by that. At least I've got it now! Hello Dave, my visa was granted this morning and similar to you it is for 2 years but should be 4 years. How did you go about correcting the error? Many Thanks Cheryl Quote Link to comment Share on other sites More sharing options...
NicF Posted September 22, 2017 Share Posted September 22, 2017 7 hours ago, Cheryl and Wayne said: Hello Dave, my visa was granted this morning and similar to you it is for 2 years but should be 4 years. How did you go about correcting the error? Many Thanks Cheryl You have posted on another thread that your employer only offers a 2 year contract to start with? This will be why you have only been given a two year visa. Quote Link to comment Share on other sites More sharing options...
Cheryl and Wayne Posted September 22, 2017 Share Posted September 22, 2017 I dont think thats the case, another social worker in exactly the same position as me has just been granted a 4 year visa Quote Link to comment Share on other sites More sharing options...
imthedave Posted September 23, 2017 Author Share Posted September 23, 2017 I dont think thats the case, another social worker in exactly the same position as me has just been granted a 4 year visa Actually NicF may be right but I don't know. My contract is permanent without an expiry date and the job description that went with the application also stated that.That said, my MA just contacted the immigration department and pointed out that the position was on the 4 year list and a mistake had occurred.They just corrected it without question.We put it down to a genuine error as when my original application went on, it moved down to the 2 year list. Then back to the 4 year one before it was completed.Even though it was on the 2 year list we still applied for the full 48 months.My agent said it was probably just linked to some computerised output upon application submission and it wasn't changed.Get your agent to appeal and maybe get your employer to confirm the position is permanent and the 2 year contract is just an initial one or something.Your visa will be specifically linked to the employment anyway so if it's granted for 4 years and your contract ends after 2, your visa becomes void and you have a limited time to find another job and sponsor.Another consideration is how long the employers sponsorship is valid for.My initial visa was only granted for 18 months (first 457 before this renewal) because the company was newly established and we could only get SBS sponsorship for 18 months.This time around the SBS was granted for the full 5 years.Hope this helps and good luckSent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 23, 2017 Share Posted September 23, 2017 If an agent has been used, contact them to see what was requested as the nomination can ask for anything from one day to four years. However, normally if an employment contract has a fixed term a 457 will only have that duration on it. Quote Link to comment Share on other sites More sharing options...
Cheryl and Wayne Posted September 23, 2017 Share Posted September 23, 2017 I dont think thats the case, another social worker in exactly the same position as me has just been granted a 4 year visa Quote Link to comment Share on other sites More sharing options...
Cheryl and Wayne Posted September 23, 2017 Share Posted September 23, 2017 I might have thought that too but another person in exactly the same position has been given 4 year contract, employer is a government agency Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 23, 2017 Share Posted September 23, 2017 But, if the employer has just put two years, then that is what you get. On the nomination, the employer puts the duration requested. But, although someone might have got a four year visa, it is very possible an error and they should have received a two. The quick way to resolve is speak to the agent that has dealt with it or the employer. Quote Link to comment Share on other sites More sharing options...
Cheryl and Wayne Posted September 23, 2017 Share Posted September 23, 2017 I might have thought that too but another person in exactly the same position has been given 4 year contract, employer is a government agency Quote Link to comment Share on other sites More sharing options...
Cheryl and Wayne Posted September 23, 2017 Share Posted September 23, 2017 I will speak to employer, i know several social workers sponsored by same government agency with initial 2 year contract and they got 4 year visas Quote Link to comment Share on other sites More sharing options...
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