I'm not sure if I'm reading the question correctly, but there are ways to secure permenent residence whilst on a 457. Have a look at Booklets 5 and 11 on www.immi.gov.au.
Basically, a person on a 457 can apply for a permanent visa under the Employer Nominated Scheme Visa rooute (RSMS for regional visa's).
The criteria for application for an ENS visa are in booklet 5. Therefore, I would be approaching the employer for a permanent position, if that is your only route and you qualify.
Regards
Phil
__________________
Phil Olsen BEng ACA MMIA
Registered Agent number 0637276
email philipo@imaus.com.au
One thing puzzles me. When it comes to converting the 467 into a permanent visa, why would an agent advise an ENS visa for Mr Smith but an RSMS visa for Mr Jones?
Obviously, my curiosity is only academic, but I can't pinpont why they have these two different visas? RSMS looks like extra hassle to me, so what would make it more attractive than ENS in some cases?
Thought I'd add my tuppance worth to the 457 discussion. My partner and I are here on that basis, it is a temporary visa and does not lead to a permanent visa, as we discovered when we arrived.
You have two choices if you want to apply for perm residency:
1) Apply yourself via the usual routes. You can apply immediately that you arrive providing you meet the basic criteria/points etc as if you were applying from the UK.
2) Apply via the employer nominated scheme as discussed before. I think there is a waiting period of 2 years.
There are other permanent schemes sponsored by the government, however, they tend to restrict applicants who meet their needs to working in country location rather than CBD.
I've heard that some of these regional schemes lead to Citizenship after 2 years, however, don't quote me on it and I guess it depends on how rare your skills are.
457's usually take 3-6 weeks for approval, however, it varies depending on whether the sponsoring company is known to DIMIA and has sponsored previously. X-rays are required as a minimum.
We're playing the waiting game on our perm visa right now so good luck to one and all.
Hi Pj,
Thanks for your information, you have answered afew question for us. We are a family of four hoping to come over soon on a tem visa and then apply for a permanent one once we are there. Do you not have an easier time getting the permanent one if you're currently working in Oz? We are hoping so as our points aren't great!!!
If you don't mind me asking, how much did it cost for you in Oz to apply for a permanent visa, was it straight foward?
Hi,
my name is Liz and my husband and I are applying for a 457. We passed the points test with 125 points, but he was offered a job and we decided to go on a 457 and see if we like Oz. We were told it was ok to apply for the PR as soon as we were out there, as we plan not to go through the company, as we know you have to wait 2 years. Our sponsor has never sponsored anyone before, but they company decided to do it for us and asked us how long we wanted the sponsorship for, as they knew we would apply for the PR not long after we moved, pending that we like it there. We said 2 years should be enough. I am not reading how its normal for companies to sposnor for 4 years. Do you think the Immigration department will have a problem if its not for 4 years? Also, on our 457 app. on the section that asks for salary I based it on after tax not before and the yearly salary was not the legal requiremnt of at least $41,850 per year. I e-mailed them to explain that I put the wrong salary and that I havent received my work contract yet. Anyway, has anyone else ever made a small error on your 457 and passed? I am just panicking here..lol.. The sponsors apps have been in for 5 weeks and a CO was assigned, but needed more info, which the company is supplying them. It should not be to long now until they get to ours!! Any re-assurance would be grateful.
Hi,
my name is Liz and my husband and I are applying for a 457. We passed the points test with 125 points, but he was offered a job and we decided to go on a 457 and see if we like Oz. We were told it was ok to apply for the PR as soon as we were out there, as we plan not to go through the company, as we know you have to wait 2 years. Our sponsor has never sponsored anyone before, but they company decided to do it for us and asked us how long we wanted the sponsorship for, as they knew we would apply for the PR not long after we moved, pending that we like it there. We said 2 years should be enough. I am not reading how its normal for companies to sposnor for 4 years. Do you think the Immigration department will have a problem if its not for 4 years? Also, on our 457 app. on the section that asks for salary I based it on after tax not before and the yearly salary was not the legal requiremnt of at least $41,850 per year. I e-mailed them to explain that I put the wrong salary and that I havent received my work contract yet. Anyway, has anyone else ever made a small error on your 457 and passed? I am just panicking here..lol.. The sponsors apps have been in for 5 weeks and a CO was assigned, but needed more info, which the company is supplying them. It should not be to long now until they get to ours!! Any re-assurance would be grateful.
Thanks for listening to me ramble on..lol
Hi Liz,
We used an agent and for me it was worth it as I didnt know where to start. I know the salary must at least be the minimum that you quoted to be accepted and this is without the superannuation added. If you have a TFN number you can check on line to see what progress has been made with your application. If you seach some of my earlier posts you should find the link for this.
Employer sponsored visas - subclass 457 and the ENS
I see references above to having to work for 2 years as the holder of a 457 temporary residency visa before you can seek employer sponsorship for a permanent residency visa.
This isn't necessarily correct if you have an occupation that is on the Employer Nomination Skilled Occupations List (the ENSOL), and secure a skills assessment classification (in much the same way as you would with a general skilled visa).
In this situation you can obtain permanent residency under the Employer Nomination Scheme before you even move to Australia.
If you are looking for some leverage when "encouraging" a prospective employer to nominate you for a permanent residency visa application (eg under the ENS) as against sponsoring you for a temporary residency visa under subclass number 457 I would highlight the obligations that are placed on 457 visa sponsors, which don't pertain in the case of ENS nominations.
There is also a Bill presently before Federal Parliament in Australia that is seeking to impose further burdens on 457 business sponsors. If passed business sponsors will have the following additional obligations (I am quoting here from the Parliamentary discussions recently: http://parlinfoweb.aph.gov.au/piweb/...TABLE=HANSARDR ):
* paying the return travel costs from Australia of overseas workers and their family;
* paying certain medical costs on behalf of the overseas worker and his or her family which may involve the employer taking out insurance on their behalf;
* paying any fees that must be paid for the overseas worker to work in the nominated activity and other fees associated with recruitment and migration agents;
* keeping adequate records of compliance with these obligations and providing information to the DIAC when requested in writing
I appreciate some probably don't want to lose the business sponsor, but if you can obtain permanent residency immediately as a result of the employer sponsorship, so much the better ...
Best regards.
__________________
Managing Director, Go Matilda, http://www.gomatilda.com
Registered Migration Agent Number 0102534 and Chartered Accountant (England & Wales, and Australia)
Offices in the UK and in Australia
