a question regqrding 457

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a question regqrding 457


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Old 07-03-2010, 02:53 AM
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a question regqrding 457

my boyfriend is currently holding a 457 sponsorship visa and is wanting to apply for an independant permanant visa...

if he applies, will that cancel out his 457, which is due to expire in Jan 2011?? we are planning to go travelling to europe in a month or so and he wants to apply before we leave...

if anyone could give us any information; we'd be extremely grateful...

thanks


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Old 07-03-2010, 03:25 AM
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Originally Posted by frenchette View Post
my boyfriend is currently holding a 457 sponsorship visa and is wanting to apply for an independant permanant visa...

if he applies, will that cancel out his 457, which is due to expire in Jan 2011?? we are planning to go travelling to europe in a month or so and he wants to apply before we leave...

if anyone could give us any information; we'd be extremely grateful...

thanks
You can apply for another visa anytime as long there aren't restrictions on the existing visa held, such as a No Further Stay condition and that unlikely for a 457 visa.
Applying alone doesn't cancel out an existing visa and it'll only be when a new one is granted that would occur.
If the new one is not granted before the old one expires, a bridging visa is put in place.
There's a few issues with what your Bf may be intending to do.
1. A 457 visa validity requires maintaining employment with a sponsor.
If it was just a month or so holiday abroad on annual leave intended, that'd likely be acceptable but if he is just going to leave his employment, that'll be kissing his 457 goodbye.
2.If he has not been studying here, I assume his intent is to apply for an offshore independant PR visa which is fine in that you can do it whilst onshore but he'll need to be offshore to have it granted.
3. The wait/processing times for independant skilled visas can be quite lengthy, perhaps up to three years or longer so he may want to take that into account in planning travelling.
Client Service Charter is something of a guide.





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Old 07-03-2010, 04:40 AM
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Originally Posted by Wanderer View Post
You can apply for another visa anytime as long there aren't restrictions on the existing visa held, such as a No Further Stay condition and that unlikely for a 457 visa.
Applying alone doesn't cancel out an existing visa and it'll only be when a new one is granted that would occur.
If the new one is not granted before the old one expires, a bridging visa is put in place.
There's a few issues with what your Bf may be intending to do.
1. A 457 visa validity requires maintaining employment with a sponsor.
If it was just a month or so holiday abroad on annual leave intended, that'd likely be acceptable but if he is just going to leave his employment, that'll be kissing his 457 goodbye.
2.If he has not been studying here, I assume his intent is to apply for an offshore independant PR visa which is fine in that you can do it whilst onshore but he'll need to be offshore to have it granted.
3. The wait/processing times for independant skilled visas can be quite lengthy, perhaps up to three years or longer so he may want to take that into account in planning travelling.

thjank you so much for your help!!! that was more info than we've received so far...

so the correct visa would be the subclass 885???

on the table in the link you provided, what is 'priority and non priority'??? in terms of processing...


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Old 07-03-2010, 07:26 AM
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Quote:
Originally Posted by frenchette View Post
thjank you so much for your help!!! that was more info than we've received so far...

so the correct visa would be the subclass 885???

on the table in the link you provided, what is 'priority and non priority'??? in terms of processing...
The 885 is an onshore visa and one of the prime eligibility requirements is study of two years that is recent.
If he has been on a 457 visa for a while he may not be eligible even if he studied here before getting the 457.

If he is not eligible for an onshore visa, that's why I said he'll need to apply for an offshore visa - a 175/176 or even 475 depending on location intent.

The priories are related to what Immi announced will be the new priority approach, http://www.immi.gov.au/skilled/gener...processing.pdf
There are links there to other changes announced and all related to something of an overhaul to the independent skilled scene, the new SOL being implemented July01.
He ought to first check to see if his occupation is on the new SOL - http://www.immi.gov.au/skilled/_pdf/sol-schedule3.pdf and he'll need qualifications assessment etc. that he can find under the relevant visa by following links from Visa Options on Professionals and other Skilled Migrants - Workers - Visas & Immigration

Priority will relate to what are generally considered as higher priority applications - those of either employer sponsored or for occupations that states/territories put on their State Migration Plans [ most probably not yet announced ] that you can check for under state links in the 176 visa info.
He may in fact find that he might be a whole lot better off to see if he is eligible for an employer sponsored PR and his employer also is/prepared to sponsor.
If he has been on the 457 for two years, he'll be halfway there and though it could mean you'll need to revise travelling plans, perhaps his employer if prepared to sponsor will be OK for him to take some unpaid leave.
Once he has the PR, he could leave the employer anyway and though that may not have any impact on his PR having been granted, doing it too immediately is not going to look too good and you never know what Immi might do if they have the employer lodge an enquiry because he feels he has been done over.





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