457 Visa - Now taking longer to acquire (?)

[TjaartvdW]

Good day all

Pls help. Myself and some friends are all aiming for Employee sponsored visa's, in addition to our 136 applications. Recently a friend of ours in Aus told us that, due to SA being classified as a 'high risk area' ito migrants, the goverment now takes 3(+) months to process 457 visa applications if the employee is from 'Africa'...

I cannot imagine this to be true. Have not heard anyone else mention this either.

To my knowledge the 457 visa is applied for per position, not per individual (?) and the company could even apply for several of these, in advance, if it could be justified (?)

Can someone pls shed some light on this for me. Maybe the agents on this forum (Ajay pls) might have some facts on this

Thank you

Tjaart(vdW)

[Ajay]

Hi Tjaart,

Although this is what is stated on the Immigration website, in practice, the processing times are the same or very similar. At a maximum, I would say that the difference between processing times between 'high risk' and 'low risk' countries http://www.eta.immi.gov.au/ETAAus1En.html is about a week.

Processing times differ depending on seasonal fluctuation - at the moment, they are really busy with all the international students that have now completed studies and wish to convert their visas to working visas, for example - but the general rule of thumb is 6-8 weeks processing time.

The 457 is applied for per position AND per individual. The company nominates a position to be filled by a foreign national (or a number of positions, as you correctly say) and these spots are approved by DIMA (now DIAC!). Then the applicant applies for one of these approved positions - but they still need to be approved in their individual capacity. The approval criteria is less onerous than most other classes of visa though, and this is why it is so much quicker.

Just on another note - you may find companies slightly more hestitant to sponsor a 457 visa for you if you are already in the process of a 136. This is becuase companies are granted a limited number of 457 visas and once they are used, they cannot be reused. So, if you get a sponsored visa through them and then your 136 comes through, the 457 is cancelled and they can't use it again. They may ask you to wait until your 136 is approved...just some caution on that one. It certainly isn't true across the board though.

Good luck - I hope I've answered some of your questions.

Cheers

Ajay

[JJV]

Can someone pls shed some light on this for me.

I trust that Ajay's post has put your mind at ease. Some more "proof" if you need it - my brother's 457 visa application was lodged in the middle of January and he got his medicals requested 16 days after that.

[TjaartvdW]

Ajay, JJV - Thank you !

On the topic of receiving a 457 visa when you've applied for/are in the process of applying for a 136 visa, which one takes preference...?

Ajay I think I understand what you mean about companies being reluctant to sponsor 457 if you're already in the process of obtaining a 136, but this implies (and yes, you said this in your post) that a 136 will then, once approved, override a 457 visa.

Would this though make a difference to one's 'status' as employee ito the company who sponsored your 457...? Personally I would think things like Medicare, the ability for your spouse to be able to work, school fees, etc... all might be impacted, if this is the case (?)

Thus far my approach is, continue with my 136 application (which is still at skills assessment phase) and in parallel attempt to obtain 457 sponsorship. I shall gladly stop my 136 applicaton, assuming it has not been approved, in the event that I receive a 457 sponsorship. Do you think this is un-wise...?

Thanks

Tjaart

[JJV]

I shall gladly stop my 136 applicaton, assuming it has not been approved, in the event that I receive a 457 sponsorship. Do you think this is un-wise...?

I believe most people make use of a 457 visa to get to Oz quickly and have a job to go to. Keep in mind that it is a temporary visa. The merits of which have been debated at length but it also has some drawbacks.

Your 136 application will be for a permanent visa and even if your initial entry is on a 457 visa you'll have to get PR somewhere down the line or return after 4 years.

If time is of the essence proceed to get the 457 visa but in parallel get everything in place to submit your 136 application as soon as possible thereafter.

[Stuart and Jill]

takes 3(+) months to process 457 visa applications if the employee is from 'Africa'...

Yip, in final interview stages with a company in Oz, they would apply for my 457 visa however we were also told it now takes 12-16 weeks not sure if it's due to high risk. I was told that it was due to very high case load.

For me it's ok, can't get my local affairs in order any sooner anyway.

[Guest colton]

Tjaart,

Don't stop your 136... we arrived here Nov 2006 on a 457 visa, the company was very aware that we were already in the final stages of our 136 visa. Our application went in on the 20 June and they are busy processing 12 June applications so we should be assigned a case officer pretty soon!

Basically we have been sponsored by the company who paid for all our air tickets, our container, gave us a furnished house, bought groceries and all this knowing our PR visa was coming through any day. If they want you they will still sponsor you! We couldn't push it any finer, my hubby has been working for them for 3 months and soon we will no longer need their visa but they still did it anyway. They did the 457 at a great cost to them with no guarantees they would get their money's worth because basically all commitments you have on a 457 fall away once your 136 is issued. Fortunately my hubby is very happy with the company and has no plans to leave, but if there were a problem he could at least leave them and be free to seek any work anywhere in Australia, and not have to stay the 2 years.

There are all sorts of perks doing it this way. Because we had already been assigned a case number for our 136 visa when we came over, we qualified for medicare and all the other benefits a permanent resident has even though we were sponsored and DONT have PR. It makes life a hell of alot easier especially with two kids at university and one in school! You get PR fees applicable to you.

I must mention though that they were taking a huge risk and not all companies may be prepared to do it, especially in the late stages of a 136. I think we got lucky and all has worked out well for us, it does happen and could happen for you.

Good Luck

C

[TjaartvdW]

Colton

Wow, sound like the company who sponsored your husband really went all out to get him there, looking at all the things they paid for knowing your 136 was due any day.

Good advice though. I probably would not stop with the 136, in the event that I get 457 spnsor, but the 136 just takes soooooo long ! Al the documentation, tests, etc.

Cheers

TjaartvdW