From a 457 visa to permanent residency - Page 6

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From a 457 visa to permanent residency - Page 6


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  #51 (permalink)  
Old 10-07-2014, 01:52 AM
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Hello Mark,
I want to ask my 457 was granted in January 2013 and I started working with my employer in April 2013. So can I be nominated for PR in January as after 2 years of my visa grant or in april2015 after complishment of 2 years of my work?


  #52 (permalink)  
Old 10-07-2014, 03:54 AM
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If you plan to apply under the Temporary Residence Transition stream, you can't be nominated or apply until after you have worked 2 years on your 457 in the nominated occupation with the nominating employer. So that would be April 2015 in your case.

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  #53 (permalink)  
Old 10-30-2014, 02:45 AM
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Hi,

I just want to ask something before I proceed logging my EOI.
I was granted 457 and started work this August 2014. So technically, I've been to the employer for 2 months. I know that after 2 years, the employer could sponsor me but I don't want to go through it anymore so as not to be "bonded" with them. Aside from the fact that the company might lay-off some employees because of lack of clients.

So to make the long story short...
When I was given 457, was I already assessed for my skills by VETASSESS or ACS?

If yes, can I just reuse the assessment? and proceed on logging EOI?

Thanks


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  #54 (permalink)  
Old 10-30-2014, 07:44 AM
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Hi Yotsuba -

Probably not - normally 457 visas do not require a skills assessment - you'd have to check your application package and see what was submitted.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by yotsuba View Post
Hi,

I just want to ask something before I proceed logging my EOI.
I was granted 457 and started work this August 2014. So technically, I've been to the employer for 2 months. I know that after 2 years, the employer could sponsor me but I don't want to go through it anymore so as not to be "bonded" with them. Aside from the fact that the company might lay-off some employees because of lack of clients.

So to make the long story short...
When I was given 457, was I already assessed for my skills by VETASSESS or ACS?

If yes, can I just reuse the assessment? and proceed on logging EOI?

Thanks

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz video show: http://coming2oz.com.au

  #55 (permalink)  
Old 10-30-2014, 07:49 AM
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For most applicants, a 457 visa application doesn't require any skills assessment. If you did have one, it may still be usable but you'd need to look at the assessment document as well as the DIBP website (I think they're only valid for 3 years from the date of the assessment).

If you do get sponsored by your employer for a PR visa (i.e. 186 visa), you aren't obligated to work for them for any specified period of time after the visa is granted. However, if you were to live immediately after the visa was granted, it could look questionable and it's possible your employer could complain to DIBP that you applied with no intention to remain with them.

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186 visa - Temporary Residence Transition stream
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  #56 (permalink)  
Old 10-31-2014, 12:00 AM
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Thanks Mark and Maggie!


  #57 (permalink)  
Old 11-28-2014, 02:52 PM
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Users Flag! From china

Hi Mark It is good to talk to you.I am going to get 457 visa which has 4 years contract with my employer. My question is that is there any terms of law to confine my employer to sponsor me to apply for PR ,in other words does my employer bear legal obligation to sponsor me to apply for PR


  #58 (permalink)  
Old 11-28-2014, 07:04 PM
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No, your employer has no legal obligation to sponsor you for PR. You can try to negotiate that into your contract but keep in mind that it may be hard to enforce that as it's possible the employer may not meet the criteria to sponsor PR when the time comes.

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  #59 (permalink)  
Old 12-09-2014, 10:44 AM
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Quote:
Originally Posted by MarkNortham
Hi Yotsuba - Probably not - normally 457 visas do not require a skills assessment - you'd have to check your application package and see what was submitted. Hope this helps - Best, Mark Northam
Hi mark I have one question for you if you can pls help me? I have cert 4 in hospitality but I have only 6 months work experience. Am I eligible for positive skill assessment ? Thx


  #60 (permalink)  
Old 12-09-2014, 11:25 AM
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Hi Vikram990 -

You need to check carefully with the specific skills assessor for your occupation, however a C4 without 2 years of experience (including on-the-job training) may be a problem - check with the assessor for more info.

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by vikram990 View Post
Hi mark I have one question for you if you can pls help me? I have cert 4 in hospitality but I have only 6 months work experience. Am I eligible for positive skill assessment ? Thx

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz video show: http://coming2oz.com.au

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