457 refusal

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Old May 1st 2017, 11:07 am
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Default 457 refusal

Hey Guys

I am in a bit of pickle, my current employer is currently in the process of sponsoring me. They have submitted the 457 sponsorship and nomination form and I've submitted my part. However, immigration have requested training information to meet the 'benchmark' but I don't think my employer will have suffice evidence to meet their criteria.

My scenario- I am currently in limbo at the minute as I'm on a bridging visa B until (if) my 457 is granted.

My questions are;

1. Can another organisation submit a new 457 whilst I am on a bridging visa? I have various other organisations who are potentially interested in sponsoring me but they've told me to wait until my 457 is granted, then its a matter of transferring it.

2. If my 457 visa is refused with this organisation, what options do I have?

I am hoping for some positive news but have a feeling I may be disappointed.

Many thanks in advance.
Nims
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Old May 2nd 2017, 7:34 am
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Default Re: 457 refusal

If your employer has not appointed an agent, then I would suggest they do
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Old May 2nd 2017, 10:47 pm
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Default Re: 457 refusal

Sorry 'verystormy', you suggest what? That my employer gets an agent?

Thanks
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Old May 3rd 2017, 4:26 am
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Default Re: 457 refusal

Yes
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Old May 3rd 2017, 9:54 am
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Default Re: 457 refusal

Hey there

Thanks for the input but this employer will not hire an agent due to finances.

I've received some information that if the 457 is refused that I will have 28days to depart the country and can lodge a new 457 offshore?

Another option being, to cancel either the sponsorship or nomination and then another organisation to take it over now?

Has anyone faced a similar situation?

Nims
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Old May 3rd 2017, 11:37 am
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Default Re: 457 refusal

If your employer won't pay for an agent due to financial reasons I would be very wary of working for them anyway. If they can't afford a few hundred dollars for professional advice then it doesn't bode well for you getting paid on time either.
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Old May 6th 2017, 8:09 am
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Default Re: 457 refusal

Originally Posted by nims1988
Hey there

Thanks for the input but this employer will not hire an agent due to finances.

I've received some information that if the 457 is refused that I will have 28days to depart the country and can lodge a new 457 offshore?

Another option being, to cancel either the sponsorship or nomination and then another organisation to take it over now?

Has anyone faced a similar situation?

Nims
60 days before you need to go. Remember that your employer is responsible for paying your air fare
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Old May 8th 2017, 10:44 pm
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Default Re: 457 refusal

Hey Guys

Thanks for the responses.

I already have a flight booked home due to having my brothers wedding. Again this adds more worry because I will have to apply for a Bridging visa that allows me to travel in and out of the country and I think it is doubtful.
Is it in my contract though if they pay for my flight home that they can withhold my last weeks pay.

The organisation have been fine with paying me on time they just don't want the extra expense to pay an agent.

I just want some advice on what my options are in terms of applying for new job whilst on the Bridging visa?

Thanks
Niamh
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Old May 9th 2017, 1:02 am
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Default Re: 457 refusal

Originally Posted by nims1988
.
Is it in my contract though if they pay for my flight home that they can withhold my last weeks pay.


Thanks
Niamh
Unfortunately for them they are responsible to repatriate you at the end of the 457. They cannot withhold your pay to do it either.
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Old May 10th 2017, 2:26 am
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Default Re: 457 refusal

Are you already on a 457? If not then I'm not sure if there is an obligation for the employer to pay for repatriation.

I agree with the above though that it is worth speaking with a MARA agent - even if your employer won't it would be good for you to get some advice - especially with all the proposed changes to visas at the moment x
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Old May 11th 2017, 5:26 am
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Default Re: 457 refusal

I have to agree with the above. I strongly advise you to speak to an agent. Believe me, you have no idea just how quickly things can go sour.

George Lombard is excellent, and did his best to help me. I can't recommend him highly enough.

Good luck with your situation. I hope it works out.
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