Mamucium

Hi,

My partner and I have recently moved to WA on the 417 Working Holiday Visa, I've found full-time work as a Software Engineer and my employer is happy with the work I am doing, so much so that they're looking to sponsor us to stay here.

Originally we were looking into the 189 Employer Nominated Direct Entry stream, which we (myself and my partner) were extremely happy with, however, we visited a migration agent (who wasn't very good) and he told us that I had no chance of passing the skills assessment as a Software Engineer as I don't have a degree or 6 years experience with the job title "Software Engineer", however, I have almost 7 years relevant experience with job titles such as Junior/Senior web developer, and 3 years as "Software Engineer", I do have some loosely relevant qualifications too, but nothing major.

We all decided that this particular migration agent was rubbish (not just because he told us something we didn't want to hear, I promise), and agreed to meet with another, hopefully; more competent migration agent.

In the past couple of days, my employer has informed me that they met with the migration agent alone, as they wanted to "get the ball rolling", which I am not really happy about, but is fair enough, as they were paying for the advice. They said that the new migration agent said the same thing regarding the skills assessment, that I have no chance, and that we should look to apply for the 457 visa before March, when the changes come in, I am a little concerned that we are being rushed into a decision and that I didn't hear this from the horse's mouth.

From what I've been told of the 457 visa, it is intended as a temporary visa, you can apply for permanent residency after 3 years, and it waivers the skills assessment requirement, is this correct?

Also, am I locked into 4 years with this employer? I don't mind so much if they're sponsoring me and paying for my visa, but I've never been in the same job for that long, and what happens if the company decides to do some "restructuring" and I end up as part of the collateral? Or worse, that the company goes bust?

At the moment, we've been told we'll need to pay between 2-3k, which can be done as an interest free loan from the company, or we can come to some kind of overtime arrangement, and the total cost all-in is around 10k, plus we will need to show that we're holding enough savings to cover the flights home etc.

It's a real shame that it's so difficult to get a permanent work visa for me here, my skills are in high demand both at home (UK) and over East, we came to WA because I already have a lot of family here.

My partner seems to think that if we're paying 3k, it won't cost us much more to go the self-sponsorship route, and avoid most of the restrictions and concerns regarding employment.

I'd really appreciate any advice anyone could give me on this situation - if you need any of my personal information such as CV to make a judgement on this, please PM me.

Thank you for taking the time to read this and any advice you can give.

Mamucium

For anyone visiting this thread, from information I've found on this forum:

On the 457 visa if your employment is terminated for ANY reason you must find another employer that is willing to sponsor you within 28 days of the termination of your employment, failing to do so will result in deportation, which you will have to pay for.

As far as I can tell, if you're in a sponsorship arrangement with your employer, you are obligated to work for them for the full term of the visa, so no job switching on the 457.

I'm still a little sketchy on the skills assessment, but from what I've read, they only count years experience after which they consider you to be "skilled" in the occupation for which you're applying, I'm still unsure as to how they determine that. So basically it's looking like the skills assessment isn't an option for me.

I also found a thread on 457 visa restrictions, but I am not allowed to post links yet, sorry for the inconvenience.

http ://britishexpats.com/wiki/457_Visa_Restrictions_

Apparently, family sponsorship gives you 10 points, which could make up the difference for me, but would have to look into it more.

Please feel free to correct me on any of these points, I'm a newbie here so may have misinterpreted some information.

spuddyo

I am no expert on this, and I am sure someone else will confirm - but with a 457 the employer is supposed to pay the fees, not you. If they are asking you to stump up the cash, that would be ringing alarm bells - I might be wrong.

rammygirl

Have you looked at the government site.

http://www.homeaffairs.gov.au/trav/visa-1/457-

This is a remporary Visa with no guarantee of permanence despite what you may be told. You will still need to qualify for and get a PR visa if you wish to stay albeit there are some concessions for 457 holders re the skill assessment. This visa is being withdrawn in a couple of weeks and it will be replaced by a different visa with no pathway at all to PR.

If you lose the job or cannot stay then the EMPLOYER must pay your return air fares although you would have to pay any other shipping expenses.

TBH I wouldn’t be moving over on a temp visa like this unless I really did fancy a few years in a different country and fully expected to return. I wouldn’t sell up in UK or buy in Aus. Unless you have a very good chance of a PR visa you will not be migrating just spending a few years here.

Mamucium

Thanks for the advice.

@spuddyo My employer has now said that "it doesn't look like they can pass any of the cost on to me", so I think that was a misunderstanding on their part, but it was a concern for me, especially since at one point they said "Well do what it takes to keep you here", so thanks for clearing that up.

@rammygirl, I did have a look at the Government website and understand that it's a temporary visa, however, I was under the impression that it's relatively easy to get PR after 3 years on a 457, they've since forwarded documents from the migration agent, clearing some of this up. We don't have any assets in the UK so it wouldn't be such a bad thing if we can only stay for a few years, I'm in the mindset to go for it at the moment, but my GF is struggling with coming round to the idea.

Thanks again for taking the time to read and for the advice.

verystormy

No. Do not assume it is easy to get pr after three year. Far from it. That is before you take into account things like occupations being removed - over 200 were removed last year alone.

giri26

Even though you have a company MA, there is no harm in consulting someone privately to check the possibility of a 189/190 visa. Lots of good Migration agents post on this site. This will help to put your mind at ease regarding the process and the possibility of obtaining a permanent visa in the future.

old.sparkles

As a software engineer, skills assessment would be ACS. You may find this helpful - https://www.acs.org.au/content/dam/a...20-%202017.pdf

And yes, only skilled experience is counted for points. If you can pass the skills assessment though, I don't think the 186 has a points requirement - https://www.homeaffairs.gov.au/trav/visa-1/186-

giri26

In your situation with no degree, you might be able to go via the RPL route. The RPL route with no degree according to the link posted by old.sparkles, needs 8 years of relevant experience. Also your title at the job does not matter, the only thing which matters is your employment duties. It has to match the one listed for software Engineer on the ACS website.

TeeTMI

Just as a heads-up last year the government announced that it would cease to accept applications for the 457 visa at the end of this month.
Unless you are submitting the application prior to that time you should rather check the requirements and regulations for the new visa.

Mamucium

@giri26 thank you, we considered seeing a migration agent ourselves, but the time constraints imposed by what @TeeTMI said is a bit of an issue with getting in to see one, I will have a look into RPL, I have 7 years experience so may come a little short of cutting the mustard. Thank you.

@old.sparkles that document is very helpful, information on this subject with that kind of clarity is hard to come by, so is much appreciated!

@TeeTMI thank you for the advice, that's what makes the decision so much harder, we don't have time to properly investigate and understand our options and the implications of going for the 457.

Thank you all for your advice, it's been and will continue to be very helpful.

// EDIT: Looking at the RPL option, I do have an Advanced Diploma for IT Professionals, which I think is a level 3 diploma, so it could be an option.

Dorothy

FYI, this is not Twitter. If you want to quote a post you click on the "QUOTE" button at the bottom right corner of the post. If you want to quote more than one post click on the little square in the middle right of the bottom of each post then click on "NEW REPLY".

mrsgreenstar76

This.

If your employers are deeply unpleasant people, they may well refuse to carry on the sponsorship. In which case, you'll have very little time to find a new sponsor or get out of the country.

Been there, got the t-shirt. A less than pleasant experience.