Self-Sponsorship on a 457 visa

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree1Likes
  • 1 Post By CCMS

Self-Sponsorship on a 457 visa


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 05-30-2016, 10:02 PM
Junior Member
 
Join Date: May 2016
Posts: 2
Users Flag! From germany

Self-Sponsorship on a 457 visa

Hey, I am having problems with my visa at the moment and am posting here to see if anyone has similar experiences.

Last year in March I founded my own company and in December I lodged a Visa application. There are 3 steps: 1. apply the company to get approved as a sponsor. 2. nomination application for the profession from the immigration list. 3. 457 visa application.

In March the company got refused as a sponsor. A few performance agreements/contracts are in my personal name signed instead of the company name. According to my lawyer the chances are good for a positive outcome and so we decided to lodge an appeal with the tribunal. Now in May the 457 got refused as well because the company got refused before and we need to lodge an appeal for that too, in order to do so, a new nomination application needs to be lodged first. As the initial nomination application did not get processed and the fee got refunded. In order to lodge a new nomination application I also need to lodge a new sponsorship application (company as sponsor) to have a new valid sponsorship application number. It is really strange, as at the same time I have an appeal against the first refusal of the company as sponsor. But according to my lawyer there is no other way, however he never had such a case before. Usually all 3 applications get refused and then 3 Appeals Tribunals are happening.

I need to lodge a new sponsorship application in order to be able to lodge a new nomination application and so appeal the 457. Is it possible to attach documents for the sponsorship application later so I have some time to correct and update them?

Further the company is operating more than 12 months now, for the initial sponsorship application I lodged a training plan as the company was operating less than 12 months. I understand I need to pay the training benchmark now and a trainining plan is not enough?


  #2 (permalink)  
Old 05-30-2016, 10:19 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,566
Users Flag! From australia

2424 likes received
181 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by AnjaMeyer View Post
Hey, I am having problems with my visa at the moment and am posting here to see if anyone has similar experiences.

Last year in March I founded my own company and in December I lodged a Visa application. There are 3 steps: 1. apply the company to get approved as a sponsor. 2. nomination application for the profession from the immigration list. 3. 457 visa application.

In March the company got refused as a sponsor. A few performance agreements/contracts are in my personal name signed instead of the company name. According to my lawyer the chances are good for a positive outcome and so we decided to lodge an appeal with the tribunal. Now in May the 457 got refused as well because the company got refused before and we need to lodge an appeal for that too, in order to do so, a new nomination application needs to be lodged first. As the initial nomination application did not get processed and the fee got refunded. In order to lodge a new nomination application I also need to lodge a new sponsorship application (company as sponsor) to have a new valid sponsorship application number. It is really strange, as at the same time I have an appeal against the first refusal of the company as sponsor. But according to my lawyer there is no other way, however he never had such a case before. Usually all 3 applications get refused and then 3 Appeals Tribunals are happening.

I need to lodge a new sponsorship application in order to be able to lodge a new nomination application and so appeal the 457. Is it possible to attach documents for the sponsorship application later so I have some time to correct and update them?

Further the company is operating more than 12 months now, for the initial sponsorship application I lodged a training plan as the company was operating less than 12 months. I understand I need to pay the training benchmark now and a trainining plan is not enough?
Self sponsorship is becoming increasingly difficult. Issues surrounding sc. 457 sponsorship and nominations are quite complex, especially if there are appeals involved. Since you mention you are using a lawyer, it might be best to rely on their guidance, although I am puzzled why they didn't pick up on the documents that were in your name instead of the company's name.

If you are going to lodge a new sponsorship application, you must make sure you meet the requirements that apply on the date you lodge the new application and that includes the relevant training requirements.Nowadays I would not lodge any sc. 457 SBS or nomination applications without having a complete set of supporting evidence that can be uploaded immediately after the applications have been lodged.

wrussell likes this.
__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

  #3 (permalink)  
Old 05-31-2016, 12:44 AM
Junior Member
 
Join Date: May 2016
Posts: 2
Users Flag! From germany

Thanks, my previous lawyer lodged the applications. But now he is not dealing with it anymore. Then I got a new lawyer, but he only lodges the appeals and does not answer questions. I found the Kendall case and apparently it may not be necessary to lodge a new nomination application prior to the 457 appeal? But not sure.


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 05-31-2016, 01:28 AM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,566
Users Flag! From australia

2424 likes received
181 likes given
Send a message via Skype™ to CCMS
Quote:
Originally Posted by AnjaMeyer View Post
Thanks, my previous lawyer lodged the applications. But now he is not dealing with it anymore. Then I got a new lawyer, but he only lodges the appeals and does not answer questions. I found the Kendall case and apparently it may not be necessary to lodge a new nomination application prior to the 457 appeal? But not sure.
I could not comment without being across all the facts of the case and personally i have no experience with sc. 457 appeals as I have never had a refusal.

I certainly would not want to argue with a lawyer. I hope they are immigration specialists ? My experience with lawyers is that they tend to make simple matters very complicated. It is probably in the adversarial nature of their profession.Where migration agents prefer working within the system and finding achievable solutions, lawyers always seem to want to pick a fight and argue the law, which may be appropriate at times, but pointless and unnecessary at other times.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Getting employer sponsorship for 457 while on dependant visa hussain65 Visas and immigration 2 08-14-2015 11:40 AM
Student visa to 457 sponsorship!!!! HELP! b_a Visas and immigration 4 04-28-2014 07:11 AM
457 visa sponsorship benge Visas and immigration 1 01-29-2014 10:32 AM
Any Sponsorship 457 Visa advice and ideas Rudabega Jobs and work 4 06-30-2011 04:32 AM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 09:21 AM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com