457 visa can a sole trader sponsor?

[Guest ilovemydogmolly]

Hi my husband and I are currently on a working holiday visa. My husband is an architectural draftsperson and is working for a small firm which is registered as a sole trader. His boss is willing to sponsor him for a 457 visa but will the fact that he is a sole trader go against his ability to get 'standard business sponsorship'? Does his boss need to become a 'company' first before applying?

 

I am a secondary school teacher and I am going to apply for a 175 independent visa. However, as it is very unlikely that it will be approved in 6 months (the time we have left on our working holiday visa) my husband is going to apply for the 457 visa instead. If the 457 visa is approved is it ok for me to go ahead with my application for the 175 visa?

 

Any help given on this would be greatly appreciated:goofy:

[Cerberus1]

Hi

Welcome to the forum. If you have at look at this link:

 

[url=http://www.visalawyers.com.au/content_common/newsitem.aspx?Id=876A3A84-4496-4FA2-93BC-44124684C716][/url]http://www.visalawyers.com.au/content_common/newsitem.aspx?Id=876A3A84-4496-4FA2-93BC-44124684C716

 

& the pdf below

 

http://www.immi.gov.au/skilled/skilled-workers/_pdf/faq-457-training-benchmarks.pdf

 

The suggestion seems to be yes if they met 'Training Benchmark A', but hopefully one of the migration agents who posts on the forum will be able to give you a definitive answer.

[Alan Collett]

There is no reason why a sole trader cannot become a Standard Business Sponsor under the 457 visa program - but the SBS and the 457 visa applicant cannot be the same person.

 

DIAC will look for certain documentation to support the application for approval as a SBS, including confirmation of the Australian Business Number issued by the Australian Taxation Office.

 

Best regards.

[Guest cazbob]

Hi and welcome to PIO.

 

I know when my employer applied for sponsorship they had to prove the training they give to australian citizens and how many australian citizens they employ etc etc so if the small firm doesn't have many employees (as i know small Architectural firms tend to - I'm an Architect!) then they may fall over on a few of the conditions.

 

The best bet would be to get the boss to look through the application forms and checklists to see if they would be able to meet the requirements. if they're in doubt then a chat with a migration agent would be the best move i think!

 

http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-sponsor-checklist.pdf

 

http://www.immi.gov.au/allforms/pdf/1196s.pdf

 

I'm no expert on other visa types but i think you can hold a 457 and apply for other visas (so you could apply for your 175), but perhaps someone else in the know can help out?

 

If you need any other help don't hesitate to ask!

 

Caz

[Alan Collett]

Yes, satisfying the training requirement is a key issue.

 

It may be that engaging a competent advisor would help the business meet these requirements through the identification and highlighting of relevant expenditure.

 

Best regards.

[Guest ilovemydogmolly]

Alan thanks for your post. I think from yours and the others comments we may need to seek expert advice. The business is only very small and highlighting the appropriate training may be our downfall. Can you advise a good migration agent in your firm in the Sydney area and give a rough idea of how much it would cost please?

[Guest ilovemydogmolly]

Hi and welcome to PIO.

 

I know when my employer applied for sponsorship they had to prove the training they give to australian citizens and how many australian citizens they employ etc etc so if the small firm doesn't have many employees (as i know small Architectural firms tend to - I'm an Architect!) then they may fall over on a few of the conditions.

 

The best bet would be to get the boss to look through the application forms and checklists to see if they would be able to meet the requirements. if they're in doubt then a chat with a migration agent would be the best move i think!

 

http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-sponsor-checklist.pdf

 

http://www.immi.gov.au/allforms/pdf/1196s.pdf

 

I'm no expert on other visa types but i think you can hold a 457 and apply for other visas (so you could apply for your 175), but perhaps someone else in the know can help out?

 

If you need any other help don't hesitate to ask!

 

Caz

Thank you Caz for your reply. Good luck with your application and getting out of the snow. My husband is from Dublin so I understand your need to get out of there! Think we need to employ the help of an expert as this is a nightmare!

[Alan Collett]

Hi ilovemydog ... (great name!)

 

We don't have an office in Sydney, but my migration agent colleague Sarah White is in NSW (albeit closer to Canberra than Sydney).

 

If you would like to have an initial chat with Sarah please send me a PM or an email (click on my name to the left of this thread) with your name and telephone number - or feel able to telephone Sarah on 03 9935 2929 (Melbourne).

 

Best regards.

[Guest cazbob]

No worries,

 

It's a tricky process (or at least for me it has been) and seeing as my employer had never sponsored before it's been a much lengthier process that i had ever envisaged!

 

the agent will probably be a godsend but if you've any questions feel free to ask, i mightn't know everything but having been at this yoke now for a year I might be able to help!

 

and as your OH is a fellow architect from Dublin i can understand entirely why he doesn't want to leave Oz!

 

Caz