457 Sponsorship, Sponsoring Company not set up

[msr]

Hi all,

I posted a couple of months ago because the company I work for have offered sponsorship, we were originally going to do it ourselves but after the director spoke to an immigration lawyer this all changed. Now an agent is going to be employed and it turns out the company needs to be set up for sponsorship first. Previously a sister company was going to be used.

Anyway, it's been about 6 weeks now and I've not even had a form to fill out! Apparently setting up the company sponsorship and getting my application started can be run parallel? Does anyone know if this is true? I'm getting a bit worried because my current visa only allows me to work for another couple of months and I'm guessing the agencies don't run over the festive period. I've been told the agency has been paid and everything is in motion but have been told this for weeks now.

Can anyone that has been through this process let me know how long after an agency is employed should it take for them to get in touch with me? I'd assumed they'd need to speak to me about the application, especially as I need to have my girlfriend come on as defacto.

Also does anyone know how long it takes a company to be set up to be allowed to sponsor people?

[_shel]

The company needs to be approved to be a sponsor before you can make your application. ie the agent doenst need any information from you until this is done.

If the company has never sponsored before this can take some time. They need to meet a strict criteria on training provision, employment of australians and then specifically to the post you are being sponsored for they have to have advertised locally and prove it.

All in all if they are not a large multi national it could take between 6 weeks and a few months before you could make your application!

Your girlfriend being defacto would take no more or less time than sponsoring you alone so long as you both meet the criteria and are genuinely defacto.

[msr]

Thanks for the reply, this isn't good news! The company is tiny, less than 15 employees and most are not Australian. I'd be surprised if they provide any training to anyone - why is this so important when the 457 sponsorship is to bring in skilled migrants? They have certainly advertised locally and through an agency because they're looking to take someone else on doing the same job as me.

From the sound of things even if they got set up before Xmas it is unlikely I'll get my visa before my current one runs out.

[msr]

Just had another search on the net and found this -

The requirements that the business must satisfy to the Department of Immigration and Citizenship (DIAC) when applying to become a business sponsor are:

that it employs Australians
can evidence expenditure on training Australian employees
is financially able to meet the obligations of the sponsorship

The training part makes more sense now. I'll be surprised if they can provide evidence of training, the Australian's were qualified for the job when they were hired.

[_shel]

Not sure of the amount but they have to spend X % of their turnover on staff training each year. They also have to hire Australian staff before they can look for foreign workers.

They also have to guarantee you a job at a minimum wage, along with agreeing to pay for you to return home if they fire you.

It's not easy to become a sponsor and most small employers cant because they dont fit the criteria.

What visa are you currently on? If you can lodge the day your current one runs out you might get a bridging visa. But that depends on if they are approved and if they are actually working on being approved and not just thinking about it while telling you what they think you want to hear!
I'd be looking around for another sponsor

[msr]

I'm currently on a 417 and working through a recruitment agency. I dont think my employer is too thrilled about the fee the agency is charging them for taking me on permanently and are trying to negotiate that down as well.

[_shel]

Are you on your 2nd whv or do you still have time to do rural work to get it?

[msr]

It is my first visa but I'm too old to get a second one. There will still be time left on this one once my 6 months runs out with my current company so I could try to get another contract job or someone to sponsor me for a permanent role. However the experience I had the first time round was zero responses to permanent roles and the majority of the contract work was 6 months with companies reluctant to take me on because if they needed me to complete a project that took longer than expected at the end of the 6 months I couldn't stay on. The job I'm in now started as a 3 month contract and was one of only 2 contracts I applied for that were less than 6 months!

[_shel]

That's the problem with the WHV. They won't take you on longer than 6 months because they know the law & know they can get into huge trouble for doings so and most don't need or want someone for 6 months, they need permenant staff
And anyone who might sponsor you would only do so after seeing your work for a few months & knowing your worth it!
What field are you in & could you apply independently?

[msr]

Yes that's pretty much what I've found

I'm a Software Developer, when you say apply independently do you mean for a 175? I was thinking worst case I'd head back to the UK and start the process for a 175. I heard it can take up to a year though?