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kittyb
6th October 2010, 01:33 AM
I was wondering if anyone could give me some feedback about this.

Ive been here as an international cookery student and graduated end of June. During the last few months of my course and afterwards I have built up a fair amount of experience in cooks jobs. My employer since Dec 2008 wants to sponsor me on the 856 visa.

She owns a temp agency supplying kitchen staff to events, hotels and stadia around Perth and is now diversifying and opening her own cafe/restaurant. I will be one of the cooks there. However I have a few other skills (HR experience, front of house experience and familiarity with and popularity with her current clients at the agency) that she finds valuable.

So she is going to submit a nomination. My question is: is it generally viewed as suspicious by immigration that I will be her first permanent employee (obviously, the nature of the business so far has not lent itself to permanent employment, given she is supplying temp casual labour to other bodies), and will this affect the chances of success of the nomination?

Also, I will not pass the experience criteria. Immigration wants 3 years post qualification experience, which is not possible for international students; I have been with her for over a year but part time as student visas restrict us to 20 hours per week. Therefore to seek such a level of experience would break my visa conditions.

However I hear that ex students on bridging or 485 visa holders are being allowed to waive this and claim exceptional circumstances. Is that just another rumour or does it contain a grain of truth?

Any help appreciated!
Thanks
Kitty

Sheelagh Blanckenberg
13th October 2010, 06:42 PM
Hi Kitty welcome to the forum.

My question is: is it generally viewed as suspicious by immigration that I will be her first permanent employee (obviously, the nature of the business so far has not lent itself to permanent employment, given she is supplying temp casual labour to other bodies), and will this affect the chances of success of the nomination?Not really no - so long as the position is genuine and the employer meets the nomination requirements there should be no problem.

However I hear that ex students on bridging or 485 visa holders are being allowed to waive this and claim exceptional circumstances. Is that just another rumour or does it contain a grain of truth?It's true!! There are particular policy considerations applicable to overseas students who have recently completed an Australian diploma or higher award course.

DIAC will certainly consider exceptional circumstances to apply in relation to work experience, without further assessment, if all of the following applies:



the position requires a minimum skill level of a diploma or higher qualification
the applicant has completed all course requirements for the qualification that is relevant to the nominated occupation, within the six months immediately prior to lodging the ENS visa application
the nominating employer provides written advice outlining the reasons why they believe the applicant has unusual or highly specialised skills and/or experience that are relevant to the position.


Good luck.

kittyb
19th October 2010, 01:47 PM
thanks so much, thats very encouraging!

the problem at the moment with all the changes and regulations being introduced is that psychologically it begins to seem as if DIAC are looking for any reason at all to fail an application even if its genuine.

my employer has done previous recruitment drives and although there are lots of better cooks out there than me, none of them had the availability or willingness to get involved with the HR and front of house training aspects of this particular job and obviously none of them were familiar already with her client base.

also it would be brilliant experience as a cook!

kittyb
11th November 2010, 12:09 PM
bad news!

they refused her nomination on the grounds that despite the cafe opening up she is still "technically" a recruitment agency that cannot guaranteee 38 hours per week

seems like a harsh judgement as the position is genuine and she fit all the criteria as published on the website...

it does seem as if theyre looking for excuses to turn down applications even though theyre encouraging students to take this route if they can find a willing employer. is there anything we can do RIGHT???
:(

nvoorst
11th November 2010, 12:16 PM
Try and find a sponsor in a regional area and go for RSMS instead (sc. 857).

kittyb
12th November 2010, 05:17 PM
i think it would be better for me to just do 12 months experience here in perth and go for a state sponsored at the end of it.

rsms would mean searching for an employer in a regional area, and IF i found one, being tied to them in the middle of nowhere for the next couple of years, as far as i can ascertain.

after 2 years of restrictions and looking at an indeterminate amount of time on a bridging visa where even my ability to go and visit family in the uk is subject to permission .... i think by the end of that, ill have had enough.

better to go the fastest route and at least in 12 months the only choice that will be curtailed will be which state i live in. it will almost be like being a free human being again LOL!