dedrei

Hi there everyone.

What is the difference between being hired by a labour hire firm (recruitment agency) and the employer self on a 457 visa. Will there be any complications when we apply for PR ,on a 457 visa, when hired by a recruitment agency and not the employer directly?

ANy help would be greatly appreciated!!

JAJ

There may well be complications if you are relying on the "2 years on a 457" concession for ENS if you are not the direct employee of the sponsor.

I'd have thought that if you want to join an employer on a permanent basis, you'd cut out all the agencies and 457 visa hassles, and go straight for a PR visa if possible.

Jeremy

dedrei

Thanks, we will be going for 136 visa for PR. In Booklet 11 it says that the employer should be your direct sponsor not a labour hire firm, then why do some recruitment companies still sponsor people & then hire them out to prospective employers. We can only apply for PR & TRA after April next year, when hubby's 3 years post experience comes up. We were thinking of maybe going already on a 457 and when the time comes that we can apply for 136, we just go ahead. Will they then take into consideration of your work experience at the employer you are working for in australia at the time?

JAJ

It's a grey area where labour hire firms employ people. DIMIA cracked down on it a year or two ago, I think it still goes on to a limited extent. I don't think it's a comfortable employment status to have if your continued presence in Australia depends on working.

You should get some professional advice as you may need more than 3 years experience for TRA.

Work experience in Australia on a 457 visa normally counts (however it does not count if you're on a bridging visa, or if you break visa conditions).

Read the Skilled Migration Booklet carefully:
http://www.immi.gov.au/allforms/books_migrate.htm
(booklet 6 is for 136, booklet 5 is for ENS/RSMS).

If you're going for 136, will you have enough points? Is STNI an option?

And if you must go to Australia on a 457, make yourselves very familiar with the problems and risks that 457 visa holders face.


Jeremy

dedrei

Sorry, I meant to type 3 years post qualification experience. Hubby qualified for mechanic with formal apprenticeship of about 4 years. We have enough points for 136 skilled and was thinking about going the STNI vic route, seeing as it might be faster, but then it delays our whole process. We were just thinking of going over so long on 457 visa and then after say 6 months apply for 136 or 137 visa.

Glenn Newton

Based on what you say here there is no need to postpone the TRA application.