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Employer doesn't nominate me until new regulation comes out


Pickles67

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Hi there,

I am holding 457 visa for 2 years and 2 weeks. My employer told me that they can't nominate me yet because regulations are changed, immigration doesn't process the current applications and they also need to apply for new certificate or licence to be able sponsor more people or nominate me, because since regulations are changed, they are not compliment anymore. This is what I understood; not exact word. So they want to hold my nomination until march. Is this legal? Do I have to wait?

thanks

 

 

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I'm not sure I understand your questions.  You are currently on a 457 and what nomination are you asking your employer for....a permanent visa (either 186 or 187) ?  Or a new 457?

There are a number of proposed changes to the 186 and 187 visas but no new legislation is in place yet.  Immigration continues to process applications though.  Your employer may need to renew their Standard Business Sponsorship depending on its status and whether they will sponsor you for a PR or new 457 visa, but they don't need to wait for that to be approved before submitting any nomination.

As for whether they can legally delay nominating you, yes they can.  There's no legal requirement for them to nominate you again at all.

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I am asking my employer to nominate me for 186. The immigration lawyer they hired said that we need to wait until new legislation comes out. My concern is that I am sponsored as a web developer and this is removed from the list. I could also be a software engineer or developer programmer as my role fits in those descriptions too. So I am concerned if they nominate me after March whether my job title would be a problem.

Thank you for your response. I'll try to get more information from my employer. 

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23 hours ago, Pickles67 said:

I am holding 457 visa for 2 years and 2 weeks. My employer told me that they can't nominate me yet because regulations are changed, immigration doesn't process the current applications and they also need to apply for new certificate or licence to be able sponsor more people or nominate me, because since regulations are changed, they are not compliment anymore.

 

20 hours ago, Pickles67 said:

The immigration lawyer they hired said that we need to wait until new legislation comes out.

You should consider obtaining some advice independent of your employers Agent. The statements above make little sense and are not correct.

 

23 hours ago, Pickles67 said:

So they want to hold my nomination until march. Is this legal? Do I have to wait?

There is no obligation for the company to nominate you for PR. It is their choice and they are not compelled by law.

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