Changes expected for the 457 visa

ArseBurger · 04-07-2013 7:10am

Mellor wrote: »

LAFHA is anything to do with a the visa conditions.
When they change the ruled it affect all future Lafha payments. They didn't make you pay back previous payments.

I know. My point was that it affected current 457 visa holders when they changed the rules. Not just new visa entrants.

mandrake04 · 04-07-2013 7:53am

ArseBurger wrote: »

I know. My point was that it affected current 457 visa holders when they changed the rules. Not just new visa entrants.

LAFHA is under the ATO, nothing to do with Dept of Immigration or the legislation of granting visas or the rules of keeping visa valid.

It was the Tax office that clarified the correct use of LAFHA, 457 holders were using a loophole based on the definition of the word home.

Mellor · 04-07-2013 8:35am

ArseBurger wrote: »

I know. My point was that it affected current 457 visa holders when they changed the rules. Not just new visa entrants.

The point you are making makes no sense.
LAFHA is nothing to do with a visa.
When they changed it, it affect all lafha payments from then on, it had no effect of lafha payments made previously.

PS1985 · 09-09-2013 6:58am

markymark21 wrote: »

Yeh mine got lodged today..such a relief. I've got the missus as a De Facto so hopefully there are no hiccups.

Hi Mark just wondering how you got on, have you been granted your visa yet? I'm in the same boat lodged on the same day as you and am a bit worried as I hear if you lodged before the 1st July but your visa is not finalised by that date it is subject to the new rulings. I have also 2 friends on a similar timeline already been rejected.

Has anyone on here been granted a 457 since 1st July?

browne_rob5 · 09-09-2013 11:45am

PS1985 wrote: »

Hi Mark just wondering how you got on, have you been granted your visa yet? I'm in the same boat lodged on the same day as you and am a bit worried as I hear if you lodged before the 1st July but your visa is not finalised by that date it is subject to the new rulings. I have also 2 friends on a similar timeline already been rejected.

Has anyone on here been granted a 457 since 1st July?

I got granted mine last Thursday. It was submitted in the last couple of days off June. Can't remember exactly. I didn't have anyone going de facto it.

Kenny_D · 09-09-2013 12:38pm

browne_rob5 wrote: »

I got granted mine last Thursday. It was submitted in the last couple of days off June. Can't remember exactly. I didn't have anyone going de facto it.

My application was granted in 1 day. Submitted end of august. Was expecting 8-12 weeks so no idea how I got it approved so quick. Wasn't a straight forward one either I imagine due to de-facto application.

PS1985 · 09-09-2013 2:32pm

browne_rob5 wrote: »

I got granted mine last Thursday. It was submitted in the last couple of days off June. Can't remember exactly. I didn't have anyone going de facto it.

Thanks Rob, if you don't mind can I ask what ANZSCO group you belong to, 1,2,3 or 4?... It seems 1 & 2 are getting through.... Also did you get 4 years? a pal of mine and his employer specified 4 years in the application but the immigration wouldn't accept it and only give a max of 12 months and he will have to apply from scratch after a review after a year.

Is this common?

browne_rob5 · 10-09-2013 12:02am

PS1985 wrote: »

Thanks Rob, if you don't mind can I ask what ANZSCO group you belong to, 1,2,3 or 4?... It seems 1 & 2 are getting through.... Also did you get 4 years? a pal of mine and his employer specified 4 years in the application but the immigration wouldn't accept it and only give a max of 12 months and he will have to apply from scratch after a review after a year.

Is this common?

I've never heard of ANZSCO group. Work had a migration agent so wasn't too involved. I work as an accountant if that helps.

Yes I got a 4 year visa and I have never heard of someone getting less.

Noo · 10-09-2013 3:18am

Ive heard of someone getting a year 457 because the company had just started, basically immigration being cautious. But after the year was up they had to apply again for immigration to extend it, didnt have to do it from scratch I dont think.

Mellor · 10-09-2013 3:23am

Kenny_D wrote: »

My application was granted in 1 day. Submitted end of august. Was expecting 8-12 weeks so no idea how I got it approved so quick. Wasn't a straight forward one either I imagine due to de-facto application.

It was probably already approved based on the nomination.

PS1985 wrote: »

Thanks Rob, if you don't mind can I ask what ANZSCO group you belong to, 1,2,3 or 4?... It seems 1 & 2 are getting through.... Also did you get 4 years? a pal of mine and his employer specified 4 years in the application but the immigration wouldn't accept it and only give a max of 12 months and he will have to apply from scratch after a review after a year.

Is this common?

Did immigration tell him that directly, or was it from the employer/agent.

They'll can only grant a visa for a long as the nomination term. If would only give 12 months, it sounds like that's what they employer put down on the nomination form.

PS1985 · 10-09-2013 7:15am

Mellor wrote: »

It was probably already approved based on the nomination.

Did immigration tell him that directly, or was it from the employer/agent.

They'll can only grant a visa for a long as the nomination term. If would only give 12 months, it sounds like that's what they employer put down on the nomination form.

The immigration only give 1 year even though they asked for 4, when they asked they were told new rules.

mandrake04 · 10-09-2013 3:01pm

PS1985 wrote: »

The immigration only give 1 year even though they asked for 4, when they asked they were told new rules.

Is the business less than 12 months old or does the employer actually employ any Permanent residents other than themselves?

markymark21 · 24-09-2013 1:48pm

Lodged mine nearly three months ago and only the nomination has been approved! the wait is doing my head in. Can't book flights home or do anything until it gets approved.

Batgurl · 24-09-2013 11:42pm

Certain industries being more stringently checked than others. I have heard Project administrators (the job title under which general office workers were often sponsored) now have to undergo a test to prove office skills (word, excel etc).

I also imagine titles like hospitality management are being checked to ensure its not being abused to hire cheap wait staff/bar staff/cleaners.

Did you submit your qualifications with the application Mark? If your in a genuine management role and the employer nomination got approved, you should be right.

markymark21 · 26-09-2013 2:35am

Batgurl wrote: »

Certain industries being more stringently checked than others. I have heard Project administrators (the job title under which general office workers were often sponsored) now have to undergo a test to prove office skills (word, excel etc).

I also imagine titles like hospitality management are being checked to ensure its not being abused to hire cheap wait staff/bar staff/cleaners.

Did you submit your qualifications with the application Mark? If your in a genuine management role and the employer nomination got approved, you should be right.

Yup sent a copy of the degree with my application. Wonder if the agent will refund the $3k if I don't get it?!

Mellor · 26-09-2013 3:15am

markymark21 wrote: »

Yup sent a copy of the degree with my application. Wonder if the agent will refund the $3k if I don't get it?!

I doubt it. Why would they?
You hired them to apply for the visa for you, not to guarantee the visa.

danotroy · 26-09-2013 7:15am

markymark21 wrote: »

Yup sent a copy of the degree with my application. Wonder if the agent will refund the $3k if I don't get it?!

If you have a degree in hospitality management or something along those lines you should be fine. If you have a degree in mech eng, less so.

Batgurl · 13-10-2013 1:53am

markymark21 wrote: »

Lodged mine nearly three months ago and only the nomination has been approved! the wait is doing my head in. Can't book flights home or do anything until it gets approved.

You had any luck yet Mark? A 457 nomination that was lodged in August/September by our office was just approved last week.

Person is coming from our UK offices so probably easier to prove the skills & need etc. was still surprised it was so quick though.

ifeelill · 13-10-2013 3:35pm

Mellor wrote: »

I doubt it. Why would they?
You hired them to apply for the visa for you, not to guarantee the visa.

The service provider still has ethical obligations

Mellor · 13-10-2013 11:18pm

ifeelill wrote: »

The service provider still has ethical obligations

What ethical obligations?
Ate you suggesting its unethical for them to revieve payment for a refused application?

They would be obliged to follow up in any way they could, but the case officer normally allows for that before making a decision

ifeelill · 14-10-2013 1:55am

Mellor wrote: »

What ethical obligations?
Ate you suggesting its unethical for them to revieve payment for a refused application?

Only if they knew at the point of inception that the visa application would fail. Im not suggesting that this is the case with this particular person. I am merely pointing out that it is unethical to take a persons money if they know from the start that the application will be refused.

Mellor · 14-10-2013 2:52am

ifeelill wrote: »

Only if they knew at the point of inception that the visa application would fail. Im not suggesting that this is the case with this particular person. I am merely pointing out that it is unethical to take a persons money if they know from the start that the application will be refused.

Obviously its unethical to take money if they know it would be refused. But I'm not sure why you are bringing that up it. Whats the relevance to the posts below?

markymark21 wrote:

Wonder if the agent will refund the $3k if I don't get it?!

Mellor wrote:

I doubt it. Why would they?
You hired them to apply for the visa for you, not to guarantee the visa.

I just don't how the agents ethics affect a refund, if he unethically took on an application, he isn't going to refund it.
Apologies if I'm missing something, its Monday after all.

ifeelill · 14-10-2013 3:08am

Originally Posted by Mellor
I doubt it. Why would they?

I was answering your question. Unethical behavior being one possible outcome to a refund

menuisier · 17-10-2013 11:44pm

Hey Guy,

Quick questions, I was in a bar of all places and someone told me that there are some changes happening to the 457 at the end of the month that will make it harder to get sponsored. I am aware of the changes around the election but is any else due to change? I'm meant to get sponsored around December but if things are going to get more difficult i might try to push it through.

Thanks for your help.

Batgurl · 18-10-2013 12:50am

Nope. Anything that did change, changed on 1 July

irishturkey · 22-10-2013 2:49pm

Missus applied on the 30th August, was told last week that no applications post 29th June have been dealt with yet. Guess that's a pile of **** then.

Also, is there any truth to the story that if a politician gets involved, your application gets shelved or at least put to the bottom of the pile?

I love Australia, but they badly need someone to go have a look at what's actually needed instead of having a random guess. I'm waiting to apply for my defacto once hers gets accepted, Ireland is no fun at the moment.

Batgurl · 22-10-2013 9:49pm

irishturkey wrote: »

I'm waiting to apply for my defacto once hers gets accepted

Why didn't you just apply for it all together? You'll be playing another waiting game now if hers does get approved.

What do you mean about politicians? Irish or Australian? I've never heard that about either but I can't imagine it would make a blind bit of difference. IMMI don't really go in for the parish pump politics mentality over here. They get to it when they get to it.

ifeelill · 23-10-2013 5:23am

New information on the net suggests that Abbott will be reversing the Labour amendments to the 457 visa program but Scott Morrison prewarns employers.

[/QUOTE]
THE Coalition has warned employers who abuse the 457 visa program they will be punished as brutally as people-smugglers, prompting renewed demands from business for the government to urgently repeal Labor's crackdown on the scheme for skilled foreign workers.

http://www.theaustralian.com.au/national-affairs/policy/morrison-warnings-on-457-abuse/story-fn9hm1gu-1226744091571#sthash.o2A1vTuR.dpuf

irishturkey · 29-10-2013 6:40pm

Batgurl wrote: »

Why didn't you just apply for it all together? You'll be playing another waiting game now if hers does get approved.

What do you mean about politicians? Irish or Australian? I've never heard that about either but I can't imagine it would make a blind bit of difference. IMMI don't really go in for the parish pump politics mentality over here. They get to it when they get to it.

We were/are dealing with an immigration agent in Sydney and it's on their advice were applying separately. Without trying to sound like a dick, nobody is more aware than me that it's another waiting game once hers gets approved.

I have a cousin in canada who was having visa problems and got in contact with a local politician over there and things got moving quickly after that. It turned out that her application had been approved but nobody had bothered to tell her, at this stage I'm willing to try anything to work out what's going on.

Batgurl · 29-10-2013 9:27pm

irishturkey wrote: »

I have a cousin in canada who was having visa problems and got in contact with a local politician over there and things got moving quickly after that. It turned out that her application had been approved but nobody had bothered to tell her

Contact your agent. Hound them! Fck it your probably paying them enough for the pleasure. Although telling you to apply separately and telling you nothing has been processed since 29 June? Sounds like they are jacking you around.

Mellor · 30-10-2013 4:36am

irishturkey wrote: »

We were/are dealing with an immigration agent in Sydney and it's on their advice were applying separately. Without trying to sound like a dick, nobody is more aware than me that it's another waiting game once hers gets approved.

Applying separately means two application charges, and also additional agent fees (conveniently). Did they give any reason behind that advice. As it really drags it out for you.

Is this a 457 visa?

irishturkey · 31-10-2013 10:46am

Mellor wrote: »

Applying separately means two application charges, and also additional agent fees (conveniently). Did they give any reason behind that advice. As it really drags it out for you.

Is this a 457 visa?

Yes it's a 457, her company are paying for it and they seemed to think it would be quicker to go this way.

thedarksh1te · 06-11-2013 11:46pm

ifeelill wrote: »

New information on the net suggests that Abbott will be reversing the Labour amendments to the 457 visa program but Scott Morrison prewarns employers.

THE Coalition has warned employers who abuse the 457 visa program they will be punished as brutally as people-smugglers, prompting renewed demands from business for the government to urgently repeal Labor's crackdown on the scheme for skilled foreign workers.

http://www.theaustralian.com.au/national-affairs/policy/morrison-warnings-on-457-abuse/story-fn9hm1gu-1226744091571#sthash.o2A1vTuR.dpuf

I seen this myself but how long can we expect before anything changes and will anything change at all??

irishturkey · 11-11-2013 8:57pm

So the missus got hers, only took 2 weeks once it got a case officer looking at it. Might get back for Christmas yet...

Noo · 11-11-2013 10:46pm

irishturkey wrote: »

So the missus got hers, only took 2 weeks once it got a case officer looking at it. Might get back for Christmas yet...

My other halfs de facto got approved last week, took 6 weeks from application.

Mellor · 12-11-2013 12:38am

irishturkey wrote: »

So the missus got hers, only took 2 weeks once it got a case officer looking at it. Might get back for Christmas yet...

Noo wrote: »

My other halfs de facto got approved last week, took 6 weeks from application.

My missus' standalone 457 de facto too 7 days from application.

There'll be IrishTurkey for Xmas hahaha

irishturkey · 20-11-2013 5:47pm

Got mine today. Took 2 weeks. I'm outta here!

thedarksh1te · 10-01-2014 3:58am

Very informative thread! I've been given the nod yesterday for sponsorship. As long as I foot the bill (I'm aware this is illegal but all of my friends here have paid for theirs). I'm concerned about the changes last year, specifically the one for the employer to prove they spend 1% on training existing employees! I'm not aware of any training of my colleagues! Anybody have any issues with this? Also is the fee for me and my GF (defacto) $1800???

catbear · 10-01-2014 4:15am

thedarksh1te wrote: »

I've been given the nod yesterday for sponsorship. As long as I foot the bill (I'm aware this is illegal but all of my friends here have paid for theirs).

I'd be very careful with this, this sponsor could think you're desperate and treat you like ****e when it suits and then dump you as soon as they need to. It's a win win for them and a lose lose for you.

menuisier · 10-01-2014 4:31am

I'm pretty much in the exact same boat as dark, Sucks having to pay for it. Everyone I know the company paid for them.
By law is the company meant to apply on your behalf and pay for it? is there a break down of the different costs or is it just one lump some of 1035$?
Also can anyone tell me what I need to apply? I work in IT and have a degree with over 5 years exp. Do I have to get in contact with my college to get some prove of that?
Also do I need a garda check and get a medical? If there's anything else I'm missing please let me know.
Thanks

catbear · 10-01-2014 4:47am

Garda check and medical not required for 457 as it's not a residency visa. The cost breakdown should be on the IMMI site.

As for your questions have a browse of the FAQ sticky on this forum.

mandrake04 · 10-01-2014 4:53am

Applicant can pay for the visa application.

Employer by law cannot pass on or recover the cost of

SBS registration
Nomination
Agent fees
Training funds donation
Flights

thedarksh1te · 10-01-2014 5:04am

catbear wrote: »

I'd be very careful with this, this sponsor could think you're desperate and treat you like ****e when it suits and then dump you as soon as they need to. It's a win win for them and a lose lose for you.

I'm not really that concerned there because 1. I transferred from the Dublin branch of they company and 2. They recently lost two members of staff and despite doing interviews haven't found anybody right so I have a huge workload now and they really need me to stay on.

thedarksh1te · 10-01-2014 5:06am

mandrake04 wrote: »

Applicant can pay for the visa application.

Employer by law cannot pass on or recover the cost of

SBS registration
Nomination
Agent fees
Training funds donation
Flights

Fully aware of all of the above and the consciences! So how have so many people done it? A recruiter over here even told me everybody does it! If the company do the transfer and you give them cash or they deduct it from your salary then how can anybody know?

catbear · 10-01-2014 5:12am

thedarksh1te wrote: »

Fully aware of all of the above and the consciences! So how have so many people done it? A recruiter over here even told me everybody does it! If the company do the transfer and you give them cash or they deduct it from your salary then how can anybody know?

I presume you mean "consequences". And not everyone does it. Our sponsor has footed all their due costs and has not passed on any sponsorship costs. They're very much into compliance.

That recruiter, if based in Australia could get in trouble if they're caught facilitating fraud.

menuisier · 10-01-2014 5:17am

Hey Mandrake

you say the application can pay for the visa but the employer cannot pass on
SBS registration
Nomination
whats is left really for the application to pay then?
thanks

mandrake04 · 10-01-2014 5:26am

thedarksh1te wrote: »

Fully aware of all of the above and the consciences! So how have so many people done it? A recruiter over here even told me everybody does it! If the company do the transfer and you give them cash or they deduct it from your salary then how can anybody know?

They only enforced this since July 1st, DIBP heavily relies on tips offs for this sort of thing.....but think about this if some disgruntled ex 457 employee complained to the Dept that this happened and the immigration took action then cancel the employees sponsorship registration so does any sponsorship visa with that company. Imagine coming into work some morning to the news that your visa just been canceled because someone else complained about your employer did the wrong thing.... What are going say then sure it's grand everyone's does it?

thedarksh1te · 10-01-2014 5:28am

catbear wrote: »

I presume you mean "consequences". And not everyone does it. Our sponsor has footed all their due costs and has not passed on any sponsorship costs. They're very much into compliance.

That recruiter, if based in Australia could get in trouble if they're caught facilitating fraud.

Sorry autocorrect moment!
Don't get me wrong I'm not saying F the system I'll get around it, I just get the impression my chances of sponsorship are lessoned if I don't pay! FYI that was a quite sizeable recruiter told me that in an interview when I arrived here initially!

mandrake04 · 10-01-2014 5:35am

menuisier wrote: »

Hey Mandrake

you say the application can pay for the visa but the employer cannot pass on
SBS registration
Nomination
whats is left really for the application to pay then?
thanks

Visa is $1035 (per person over 18)

Agent fees $2500-$3000*

SBS Sponsorship fee $420*
Nomination fee $330*

*should be paid by Sponsor

menuisier · 10-01-2014 6:29am

Thanks Mandrake, that makes sense now but not the kind of cents i wanted to hear.
I guess I should look on the bright side at least I'm not getting squeezed for the other 750$

Would you be able to tell me what kind of documentation I have to get together as well?

Changes expected for the 457 visa

Comments