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Discussion Starter · #1 ·
Hello! Happy to have found this forum! I am a Chinese national and have a research position at an Australian university on a 457 visa. I have worked for a year already, and have two more years to go on a three-year post-doctoral research fellowship.

I know that a 457 visa holder can apply for permanent residency after having worked for two years in Australia. I am wondering, however, whether I could start applying for permanent residency already now, instead of waiting another year. It'd be great if I could get some tips from those of you who know the process! Also, if any of you have a good migration agent to recommend in Canberra or Sydney, please let me know.

Thanks a lot!

Ylena
 

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Hi Ylena -

As a migration agent I'd be happy to comment on your situation. There are two primary means of achieving permanent residency (PR) in Australia based on employment or skills - one is the employer sponsored PR visas (ENS subclass 186 and RSMS subclass 187) and the other is with a skilled visa - either independent (subclass 189) or state/territory sponsored (subclass 190).

Each of these visas has their own set of requirements, plus requirements in some cases for skills assessment and state sponsorship. The pathway (2 years) I believe you may be thinking of is the temporary residence transitional (TRT) pathway for the ENS or RSMS visa. This is one way, however if you have a positive skills assessment and a score of at least 6 on each band of the IELTS English test, you could apply for the direct entry ENS pathway now if you employer is willing to sponsor you.

If you are not looking at employer sponsorship, then skilled visas are worth looking at - same IELTS requirement as the direct entry ENS (6+ on each band), plus you need to have an occupation on the CSOL or SOL occupation lists and have enough points through age, educational qualification(s), work experience, and other factors to apply for the particular skilled visa.

This is a somewhat oversimplified introduction to the process - if you have any specific questions I can assist with, please don't hesitate to ask.

Best,

Mark Northam
 

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Discussion Starter · #3 ·
Thank you!

Hello, Mark,

Thank you so much for replying so quickly to my inquiry and for giving such clear explanations. I have already checked out the documents on the immigration gov website, and found that both the direct entry route and the skilled migration route could work for me. I will discuss this with my employer and see whether they are willing to sponsor me for the direct entry route. If they can't do it, I will try the skilled migration route.

Thank you again for such timely and knowledgeable help! What a wonderful first experience with this forum!! I will write back with updates! Thanks again!

Ylena
 

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HI.
If I may continue on this thread, since I have kind of the same question. I am currently (since June last year) on a 457 VISA. What are my options in regards of getting permanent residency? I do not have a University degree, so getting the Skilled assessment box ticked is not an option as I understand. I do have more than 3 years in my profession, Retail (Merchandise) Planner, (which falls under Retail Buyer). I am 42 years old. And, in what ways am I bound to stay with my current employer? Do I have to be 2 years with the same, or if I get a new sponsor, will I have to restart the count for the 2 years? I hope you know what I mean. I am not sure I know :)
 

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Hi Charlotta -

Would have to do a detailed assessment of your case to give you any specific advice, however generally speaking people for whom a skills assessment is not a good option often look to the Temporary Resident Transition (TRT) stream of the subclass 186 ENS visa for employer sponsored PR. Among other requirements, that requires 2 years work for the nominating employer in the nominated occupation. If you change employers, the 2 year clock starts again re: qualifying for the TRT ENS visa. Once you've put in the 2 years on a 457, it is the employer's option (not requirement) to nominate you for the ENS visa.

Hope this helps -

Best,

Mark Northam
 

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Thanks for a rapid reply! So what you are saying, even though my "skill" is on the list, and I have been in this line of work for more than 3 years before coming to Australia, I am left with 1 VISA option? When/ If they nominate me; what are the requirements I need to live up to? Do I have to stay with them for a certain amount of time?
 

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Hi Charlotta -

One of the problems with the immigration system the way it currently stands is that different skills assessing organisations are free to make up their own rules - some requires a Bachelor degree, some have a "RPL" (recognition of prior learning) option where x years of work experience can substitute for a Bachelor degree. There's no consistency at all, which makes applicant's jobs that much tougher as you have to dissect the requirements of the particular skills assessor you have to use to see what they require. For 457 visa, there is a standard set of requirements having to do with the ANZSCO directory for being seen as "skilled" for this visa - see this directory for more: http://www.immi.gov.au/asri/ - if you meet the requirements here for your particular occupation (ie, "Bachelors degree or 5 years relevant work experience" or whatever is specified for your particular occupation), then that generally satisfies the 457 skilled requirements unless there are special conditions for your particular occupation, or unless the case officer believes you may not be skilled and requires you to take a skills assessment.

For skilled provisional and PR visas (subclasses 489, 190, 189), the skills expectations are higher, and require a full skills assessment from the nominated skills assessing authority for your occupation. They make their own requirements up about degrees, work experience, etc.

Re: ENS employer sponsored PR visa and employment, evidence of a contract is required (see visa requirements for all the various specific requirements for this visa), however if you or the employer decide to break or cancel the agreement after the visa is granted, assuming DIBP doesn't think the contract was a fraud to begin with, ending the contract early does not affect your visa once granted.

Hope this helps -

Best,

Mark Northam
 

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hi,
I have question and i hope if you could please help me with,
i applied for my 457 visa on 1\9\2012 and got it on 1\11\2012. i have started the work with my employer on 1/9/2012.
i am wondering if we start calculating the 2 years from 1/9/2012 or from 1/11/2012 in order to be eligable to apply for PR?
your help will be much appreciated.

neck
 

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Hi Neck -

The 2 year requirement for the Temporary Resident pathway for the ENS or RSMS visas would only consider work while you held a 457 visa towards the 2 year requirement for this pathway - work under any other visa (or a bridging visa) would not generally count towards the 2 year requirement.

Hope this helps -

Best,

Mark Northam
 

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hi Mark
thank you for your quick reply.
i will be thankful if you could please share with us any anticipation for any major changes to temporary resident stream in the comming period.

thanks again for your help

regards
 

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Hi -

Would love to, but usually we don't get details in advance on these things for the most part - will always post whatever I can -

Best,

Mark Northam

hi Mark
thank you for your quick reply.
i will be thankful if you could please share with us any anticipation for any major changes to temporary resident stream in the comming period.

thanks again for your help

regards
 

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Regarding 457 visa

Hello Mark

I am currently on 457 visa from last 8 months. I heard boss want to sell his business. I am just wondering, if he sell his business then it's going to effect my visa.
Thanks
 

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Hi Honey -

Thanks for the note - yes, it could absolutely affect your business. If the business ceases to be a Standard Business Sponsor (for example, if the new business has a new ABN number and is a different legal entity), the new business will need to apply for and become a Standard Business Sponsor in order to continue sponsoring you. If the new owner keeps the business, ABN, and simply purchases the business as-is, then it's likely they can continue on sponsoring you on your 457.

So the answer is yes, depending on what happens with the new business and how the sale is structured.

Hope this helps -

Best,

Mark Northam

Hello Mark

I am currently on 457 visa from last 8 months. I heard boss want to sell his business. I am just wondering, if he sell his business then it's going to effect my visa.
Thanks
 

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My son has completed the following

Kangan Institute (2 year course) Cert. III – Engineering – Fabrication Trade – Diploma if Engineering Advanced Trade
Choice Industrial Training – Cert IV – Welding/Heavy Fabrication

He has worked in the same trade since July 2012 but with my present employer (sponsor) since May 2013

He is presently on a 457 visa and would like to know when he can apply for PR.

New to this site so not sure if I am on the right page.

Wendy Daunt
 

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Hi Wendy -

Suggest you check out Skilled Visas on the imm.gov.au site and see how he fits in with the requirements there. Also may be possible for his employer to sponsor him for an employer sponsored 186 or 187 visa after he's worked for that employer for 2 years if he meets the other criteria. Each visa has quite a list of requirements, so there's no shortcut for carefully reviewing the requirements for each visa and then seeing how your son fits. Skilled visa possibilities could be 189, 190, 489, or employer sponsored 186 or 187.

Hope this helps -

Best,

Mark Northam
 

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Hi Mark,

I hold 457 visa since 15 months, my partner also holds the dependent visa. Recently my partner has delivered a baby in India. I would like to apply for the dependent visa for my child. Please let me know how to proceed with the application. Which documents do I need to submit and what is the visa fee for the child? Do I need to inform the Immigration about the child birth before I lodge the visa?
 

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Hi Hafeez -

Thanks for the note and emails - as your child was born outside Australia, you will need to lodge a 457 subsequent entrant (secondary applicant) application for the child using the online 457 eLodgement system. You'll first need to get the baby a passport from your home country, and you'll need a scanned copy of the passport and birth certificate to make the application. Will also need letter from the sponsor extending the nomination to the child and evidence of health insurance for the child. These usually take a few weeks to process.

Hope this helps -

Best,

Mark Northam

Hi Mark,

I hold 457 visa since 15 months, my partner also holds the dependent visa. Recently my partner has delivered a baby in India. I would like to apply for the dependent visa for my child. Please let me know how to proceed with the application. Which documents do I need to submit and what is the visa fee for the child? Do I need to inform the Immigration about the child birth before I lodge the visa?
 

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G'day Mark

I have a situation here where it may be a little complex.

I'm currently on a 457 visa, sponsored as a motor mechanic but working as a forklift mechanic, granted in Jan 2014. Seeing how the laws can change quite drastically, I've decided to gather as much information and "fast track" to a permanent residency via an skilled independent 189 visa. FYI, prior to my current job as a forklift mechanic, i was a motor mechanic. I did a self assessment and scored 60 points although if I work my IELTS a lot harder, I could do 70 points.


Now here are my questions :-

Does higher points stand a better chance for getting an invitation from skill select?


if I submit the application for the 189 visa, how will that affect my current 457 visa if it's successful or not successful?

TRA stated that my job be closely related to my job role. I had 2 years experience as a motor mechanic and a year as a forklift mechanic. I assume assessment should be the same right?

Is there anything else I should know or worry about?



Thanks Mark
 

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Hi Spindoctor -

Thanks for the note. I can't advise on your specific situation as I don't have all of your details and documents, but generally higher points on the 189 means an invitation sooner, especially if the occupation has a lot of people competing for places. However statistics show that the majority of 189 invitations go to people with 60 points.

Application for 189 while holding 457: if 189 successful, it would replace 457 visa upon grant of the 189. IF 189 unsuccessful, no effect on 457 as long as you're holding the 457 when the 189 is refused. However depending on reason(s) why 189 is refused, that may cause issues with future visa applications - especially if refused on PIC 4020 (false info/documents), etc.

Re: TRA, motor mechanic vs forklift mechanic, that would be a TRA call as to whether your experience as a forklift mechanic is closely related to the ANZSCO requirements for motor mechanic.

For other requirements best to see DIBP checklist for documents, evidence, etc. Main thing that goes wrong with 189's in my experience is applicant not being able to justify the points claimed in EOI - often this involves work experience reference letters and other documents (payslips, etc) that do not properly evidence the work claimed.

Hope this helps -

Best,

Mark Northam

G'day Mark

I have a situation here where it may be a little complex.

I'm currently on a 457 visa, sponsored as a motor mechanic but working as a forklift mechanic, granted in Jan 2014. Seeing how the laws can change quite drastically, I've decided to gather as much information and "fast track" to a permanent residency via an skilled independent 189 visa. FYI, prior to my current job as a forklift mechanic, i was a motor mechanic. I did a self assessment and scored 60 points although if I work my IELTS a lot harder, I could do 70 points.

Now here are my questions :-

Does higher points stand a better chance for getting an invitation from skill select?

if I submit the application for the 189 visa, how will that affect my current 457 visa if it's successful or not successful?

TRA stated that my job be closely related to my job role. I had 2 years experience as a motor mechanic and a year as a forklift mechanic. I assume assessment should be the same right?

Is there anything else I should know or worry about?

Thanks Mark
 
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