Company has not kept up with Training Obligations. Unable to apply for permanent residency.

[PRTroubles]

Hi everyone. Not sure this was the correct place to post but I was looking for some advice on my next move.

 

I have been in Australia over 4 years, and in Sydney working for the same company for almost 3 years. I got a 457 with the company in Feb 2016, and last week got on to my manager to get the ball rolling on applying for my PR via the temporary residence transition scheme.

My manager contacted the agent they work with (she did my 457) and got a reply detailing how my boss hasn't met the standards regarding payment of training, 1 or 2% of payroll, for 2 of the last 3 years.

She has advised that at this time it would be pointless to apply as the company would be denied. 

This has left me with a dilemma of course, as I was hoping to get the PR applied for ASAP. 

What would be the best course of action for someone in my position? 

The company I work for is a rather large painting company. Who only started sponsoring people on 457 a few months before I got mine.

 

I am a fully qualified painter, 31, with almost 15 years experience. Single, no kids. 457 expires 2020.

 

Thanks in advanced for any advice.

[rammygirl]

Apply for a 189 or 190 if your occupation is in the list. 

[PRTroubles]

I will look into those. Thanks for the reply.

[Working Visa]

Regarding training benchmark requirement, Home Affairs has its most recent advice (3/2018):

 Additional advice on training requirements

The Bills to implement the SAF levy are currently before the Parliament. As a result, for ENS and RSMS applications lodged on or after 18 March 2018:

• DE stream nominations will still need to meet the training benchmark requirements.
• TRT stream nominations will still need to meet training compliance requirements – although a flexible approach will be taken to assessing such compliance during the period between July 2017 and July 2018 consistent with current subclass 457 policy arrangements.

Note:

• Training compliance information will no longer be collected on ENS/RSMS application forms from the date of SAF levy implementation.
• Pipeline TRT stream nominations that remain on hand when the SAF levy is implemented will still be assessed against training compliance requirements where the training obligation was in place for the full year of their standard business sponsorship. There will be no assessment of compliance for part-years before SAF levy implementatio

[Working Visa]

DoHA just released its August Statement confirming SAF implementation shortly before end of Sept. Training benchmark will no longer apply after SAF commencement.

https://www.homeaffairs.gov.au/visas/supporting/Pages/employer-sponsored/employers-agreement-stream.aspx?modal=/visas/supporting/Pages/482/saf.aspx