457 to Permanent resident

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457 to Permanent resident


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Old 07-22-2015, 09:08 AM
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457 to Permanent resident

Hi All

My brother is a tennis instructor/coach in Newcastle, about 15 months employment with his current employer on 457 visa. He is looking into permanent resident options as he is under the impression that two years with a single employer on a 457 marks a watershed for premanent resident application.

I've read many of the threads here on similar situations and it seems to me that the only option to secure residency for him is temporary resident transitional scheme ENS 186 (assuming no state sponsor tennis employment exists at this time) and that this means that his current employer would continue to sponsor him, or at least intend to sponsor him, for a further two years.

Are there other options I might be missing?

Also, he has significant experience but no complete post secondary education. Would this present a significant risk in passing the requirements for the TRT scheme?

Thanks so much

Nolan


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Old 07-22-2015, 09:40 AM
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Hi Nolan,

We would agree that the most immediate pathway to permanent residency for your brother is through the TST of the ENS (186) visa. Unfortunately, when an applicant does not have skills in an occupation on the SOL, invariably those individuals will need to rely on the sponsorship of an employer (ENS or RSMS, if regional), State Nomination under the 190 (which would be very difficult for this occupation) or some type of family based visa, most likely Partner visas.

Your brother should also be aware that the two year calculations cannot include any periods of unpaid leave and that he must stay with the employer until ENS is granted, which can take 3-6 months or thereabouts after it is applied once the 2 year mark ticks over.

We hope this helps.

Salvo Migration
1300 644 788


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Old 07-22-2015, 09:56 AM
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This is indeed very helpful.

Can you comment on the overall risk profile of the transitional scheme in general? I ask because my brother is under the impression that PR beyond the 2 year mark for someone in his situation is somewhat of a 'fait accompli' and, given my own experience with USA immigration, I'm somewhat less sanguine about such things.

Thanks again!


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  #4 (permalink)  
Old 07-22-2015, 10:15 AM
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Hi Nolan,

It is hard to give a specific risk assessment, however on a general scale, the TST into permanent residency is one of the most streamlined ways to residency. If we were to simplify the key requirements in a nutshell it would be that the applicant needs to demonstrate they have worked for the employer for two years as well as meeting health and character requirements, while the employer needs to demonstrate they have satisfied their obligations as a 457 sponsor, most importantly that they have continued to spend money in training their Australian staff.

Salvo Migration


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