ryu2000 Posted February 14, 2014 Report Share Posted February 14, 2014 Hi, I have been living in Perth under the 457 visa for just over two years. My company agreed to sponsor me for PR, however it was done on the basis I pay for the visa myself. The relevant documentation was obtained and we agree to lodge 'decision ready' December 2013. We agreed to this however the one area where there were concerns with the migration agent was the training expenditure. This need to be 1% of payroll for the previous financial year. There were concerns because of a lot of the training expenditure was conferences. To be honest I think the basis of this visa application will be dependant on what DIAC deem 'training'. Based on this and the cost of applying for a visa we agreed to lodge the company section first. If this is successful we then lodge our part. This was lodged early December and I am still waiting for an answer on the company part. I have the following queries:- 1. Has anyone any ETA of company approval? I have been told anywhere from 6-12 months just for company to approval to 6 months for both myself and company! It is very vague. 2. What does the status 'in progress' mean on the visa application website. Does this mean it is being looked at? Or does it mean it's just been lodged. 3. Will this strategy have any bearing on my visa application apart from time waiting for approval. The basis on this strategy was if the company fails, they can lodge again. However, if they fail and I have also lodged my part - BOTH parts fail. I do not have the money to lodge again. So my thinking is I am saving myself in excess of $5000 if I don't lodge until approval of the company part. 4. I have also been advised my visa application would be quicker if I lodge both parts together. Is this correct? My concern here is my roll on the skilled visa list will be up for review in July 2014. Could this have a bearing on my application? My concern is if the company approval starts to run over to July it will rejected because my roll (Engineering Technologist) is under review for the skilled occupation list. http://www.awpa.gov.au/our-work/labour-market-information/skilled-occupation-list/Pages/Flagged-Occupations.aspx Any advise - appreciated! Quote Link to comment Share on other sites More sharing options...
portlaunay Posted February 14, 2014 Report Share Posted February 14, 2014 We are in a similar position but we waited for company approval before progressing with any of our application. The organisation submitted their evidence on the 14th of November and were approved to sponsor our PR at the beginning of January. We have a six month window to lodge our application so we're just commencing the police check/medicals now. The criteria around the training budget is quite clear - on the job training, on boarding and I think OHS doesn't count but I don't think it's explicit about conferences. If attending such events is an effective method of development, alternative face to face training opportunities are limited, the role is highly specialised and the post holder an expert in their field, attending conferences may be the most appropriate CPD activity. Training should be defined by the organisation, not necessarily DIAC. Have you reviewed the guidance or contacted them for advice? A company doesn't necessarily 'fail' the process. They may be referred and asked to submit additional evidence but as far as I understand it, the process is designed to get people into work and if the application doesn't meet the necessary requirements they should be given an opportunity to address any concerns. Personally I wouldn't progress with my application until approval has been granted. In all likelihood this should not be far away. Why not progress with local and offshore police checks and gather your own evidence now so that once approval comes you are prepared? Quote Link to comment Share on other sites More sharing options...
New Life Down Under Posted February 14, 2014 Report Share Posted February 14, 2014 Hello RYU Firstly I must say what I always say on here, trust your agent! Believe it or not, as long as they are MARA registered they should know what they are doing! Have you asked your agent these questions? Firstly their strategy on lodging the Nom first is very good, as it appears that your agent has concerns with your employers training benchmark. Policy states with regards to 457 payroll that conferences may be counted towards the training benchmark B but ONLY if there is clear evidence that the conference provides a professional development to the attendee. So basically it would be determined on a case by case basis. This could be a concern as the employer needs to be mindful of their obligations as a SBS. Nom approvals vary in approval times, occupation and case load and the only guidelines that can be given are the ones published on the immi website. You are correct if you lodge your visa and your nomination is refused, you will then get a refusal (or you may get the opportunity to withdraw but you will not get your VAC back - costly!) Agents no longer have the opportunity to lodge decision ready and so your visa app will just go in the queue with everyone else. I think the advise you have been given is in your best interest and I would think it would be highly likely that your Nom decision will be determined before July. If there was a concern with the Training Requirements, why didnt you apply for a Subclass 187/RSMS as this is not a requirement for this visa. If your nom is refused on training, you may be best to lodge RSMS that is IF Perth remains regional rather than trying for a 186 again?? Hope that helps, Camilla Quote Link to comment Share on other sites More sharing options...
New Life Down Under Posted February 14, 2014 Report Share Posted February 14, 2014 One more thing Portlaunay, your advice is very sound however, if this Nom was lodged Decision Ready, the case officer is well within their rights to make a decision on the information provided at time of application and does not need to request further info and can just refuse! As an agent I have never lodged DR as I dont want to give away the opportunity of submitting further evidence! However DR is no longer an option! Your advice about going ahead with penal clearances is a great idea Quote Link to comment Share on other sites More sharing options...
ryu2000 Posted February 14, 2014 Author Report Share Posted February 14, 2014 Hi thanks for the informative responses. My decision for posting was to see if there are any people in a similar position to me. I am confident in the agent's actions advise so far. And based on the information in this thread I will not be lodging the second part of the visa until we get an answer from the DIAC on the training. I was not aware that there is such thing as decision ready anymore. As we were lodging decision ready (this started September 2013) all related documentation such as police checks and medical have been obtained. I was never given the option to go for a 187. The agent I am using is the same agent that got my 457 visa so I just told her my occupation (Engineering Technologist) and that was that. I will bear this in mind if there are problems however. Thanks for your advise and good luck in the future. Quote Link to comment Share on other sites More sharing options...
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