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Discussion Starter · #1 ·
Hello everyone,

I apologise for jumping straight in with my question without becoming an active member of the site!

I was wondering if anyone would be able to assist with some questions i have.

I'm currently on a Working Holiday Visa (which allows for a maximum period of 6months at any one employer), i've been employed at a local Council via a recruitment agency for about 5 months now.

The Council would like to sponsor me to stay on, they have applied to become a registered sponsor and once that comes through they will then submit the nomination application.

My manager informed me that they could only take the sponsorship further if they can keep me as a contracter (through the agency) rather than a direct employee on the Council's books (this is due to the massive fee they would need to pay the recruitment agency if they were to offer me a permanent position).

My profession is on the STSOL so if granted i would get a 2 year visa, which they are happy with.

Can anyone advise if its possible under the new rules to be sponsored (on a 457 visa) by the Council, but to be a contracter through a recruitment agency under that visa?

If it is possible, what are the options to extend my employment beyond the 6month WHV limit while the 457 Visa is processed? I've found that extensions beyond could be granted for days/weeks in 'exceptional circumstances' and they do include waiting for visas to be processed. But i fear the nomination and my application won't be submitted with sufficient time to get this extension - are there any bridging visas i could obtain?

I apologise for the long question! but any advice before i invest a significant amount of resources would be appreciated, especially if it's an outright no on working as a contractor under the 457 visa.

Many thanks in advance!
 

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Application for a 457 will allow you to continue to work for the employer.

I'm intregued as to the contracting bit. I am under the impression that you need to be full time employed by your sponsor. If you are working for an agency then they would be the sponsor with an on hire agreement. <---I'm not sure 100% sure of the current rules surrounding it so please take this with a pinch of salt.

i know my 457 employer but the bullet and bought me out of the agency.
 

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Discussion Starter · #3 · (Edited)
Thanks Mania - yes it seems a bit wrong to me! (Hence my reluctance to spend lots of money on my part of the visa application if its not going to go anywhere).

No one throughout the process so far has really seemed to grasp the issues despite me pointing out various things (like how the rules seem to suggest i need a permanent position at my employer - i.e the Council).

Unfortunately i can't see my employer buying me out from the agency as it's a significant amount of $$.

That's good to know the application for 417 would allow me to carry on working with my employer!
 

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Maybe recruitment agency can possibly hire you as a permanent employee (if they are approved as a sponsor) and just keep selling your time to the council as they were doing before?
 
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