457 to permanent

billy braveheart · 17-03-2007, 11:30 AM

Hope someone can help !
I have been offered a job in perth on a 457 my question is-how soon after arriving can we apply for a permanent visa and the cost? I turned 45 last november otherwise i would have applied under a skilled 136 class (bricklayer) As many of you know its a big step to sell up everything in the uk and move only to be chucked out after 4 years any help appreciated
Billy

Gollywobbler · 18-03-2007, 11:27 AM

Hi Billy

I am bumping this thread back up to teh top in the hope that one of the Agents will be able to offer you some concrete advice.

In the meantime, please see the following link:

http://www.immi.gov.au/skilled/skill...kers/index.htm

Swot up on the criteria for ENS, I suggest, plus RSMS if you are going to be working in a regional area. My suspicion is that you really want to insist that it is a term of your contract of employment that the employer will sponsor you for one or the other, sooner rather than later.

Beyond that, I don't know enough about the intricacies of these visas to help.

Best wshes

Gill

johatts · 18-03-2007, 11:51 AM

Quote:

Originally Posted by billy braveheart

Hope someone can help !
I have been offered a job in perth on a 457 my question is-how soon after arriving can we apply for a permanent visa and the cost? I turned 45 last november otherwise i would have applied under a skilled 136 class (bricklayer) As many of you know its a big step to sell up everything in the uk and move only to be chucked out after 4 years any help appreciated
Billy

Hey there

I am in QLD and came over on a 457. After 2 years you can apply for permenent residency. Costs for us were as follows:

VISA COST: $1990 for both of us
medicals $700
Extra Drs Visits - $45 each
i had to see consultant at hospital which added on another $500
Both my husband and I had to have more tests following the medicals.
Blood tests - $100
Other pathology - $150

Its a big payout , of course with no guarantee that they will say yes or no but well worth it when you get that all important email and label in your passport!

Gollywobbler · 18-03-2007, 11:57 AM

Hi Johatts

I believe that you may not have had to wait for the full two years before starting the process for the PR visas? Did you get an ENS or a skilled 136 in the end, please?

Also, was it a condition of your employment that your employer would sponsor you for ENS if required to?

On Billy's behalf, I am trying to get a feel for what the "norm" is in a situation like this. Billy is going to go to Australia if I have to row the boat there myself!!!!

Many thanks

Gill

johatts · 18-03-2007, 01:45 PM

Quote:

Originally Posted by Gollywobbler

Hi Johatts

I believe that you may not have had to wait for the full two years before starting the process for the PR visas? Did you get an ENS or a skilled 136 in the end, please?

Also, was it a condition of your employment that your employer would sponsor you for ENS if required to?

On Billy's behalf, I am trying to get a feel for what the "norm" is in a situation like this. Billy is going to go to Australia if I have to row the boat there myself!!!!

Many thanks

Gill

ENS in the end.
Employee did sponsor me but that has not tied me to my employer.
EMail me if u wanna know more and I`ll go into more depth!

Gollywobbler · 19-03-2007, 09:14 AM

Hi Billy

I've been doing some research to see what I can discover for you. I am hearing that it is difficult to prove that a skilled tradesman is essential to the running of a business and that he canot be replaced by somebody under 45. Obviously, the more regional" the area, the less easy it is to persuade people to live there, so it might be easier to coax DIAC in an RSMS situation. Then again, I shouldn't think a huge amount of building is going on in some of the more remote parts of Oz.

If you go on a 457 visa you will be taking a risk that it will never be possible to upgrade to PR.

I think it would definitely be safer if you can insist on ENS or RSMS straightaway. I f DIAC were to refuse, arguuing that the case is not exceptional enough, you will have lost the money for their fees and Agents' fees if you use one (which I would in your shoes) but at least you wouldn't be thousands of miles away and faced with the prospect of having to come back.

Also, have you checked the statutory minimum wage for a bricklayer pn a 457 visa? There is a LOT of criticism of this visa, based on the idea that it is a way of using cheap, imported labour and paying the workers rates which an Australian bricklayer would not be prepared to accept.

Tread very, very carefully my friend and get professional advice, I recommend.

For the statutory minimum wage, please see here:

http://www.immi.gov.au/skilled/skill.../sbs/index.htm

If you plough through the links you will find one to the minimum wage, which I think is about $41,000 (but it drops to about $37,000 for an employer in a regional or low-growth area..) Assuming that you get $41,850 or whatever it is, I am told that this would be about $32,000 after Tax. You would not be able to claim Family Tax Benefit, which a PR on that sort of wage would be able to get. Don't be seduced by today's attractve exchange rate, either, because it does fluctuate wquite a lot. DIAC assume $2 to £1 which, over time, is probably a pretty safe assumption.

Your wife would really have to work full-time as well, I suspect, in order for your family to have a reasonable standard of living, and do bear in mind that housing in Perth is expensive to buy at the moment.

Be aware and be wary, my friend. Why don't they want to sponsor you for ENS or RSMS straightaway? That would be a much better, safer option for you, it would seem.

Best wishes

Gill

Gollywobbler · 19-03-2007, 08:35 PM

Hi Billy

There are some very kind Registered Migration Agents around who are willing to help people for free where they can, by providing general advice. They can't be too specific about any particular case without direct, one-to-one contact with the person concerned, for which they expect a fee, which is reasonable.

I asked one of the RMAs I know to take a look at your thread for us.

He has very kindly replied, suggesting that I send you the following links:

http://www.immi.gov.au/allforms/pdf/1054.pdf

http://www.immi.gov.au/allforms/pdf/785.pdf

These information forms provide more of a clue than the main website does about when an applicant who is over 45 might be considered "excetiopnal" enough to be considered for an RSMS or ENS visa.

After reading the two forms, I think you should be extremely cautious about the 457 visa. I really do, because it looks as if it might be impossible (or at any rate almost so) for you to upgrade to ENS or RSMS after a couple of years.

I think your chances of getting either of the permanent visas would probably be a lot higher if you were to go for one of them now, while you are still only a shade above 45. Of course, that means finding an employer who is willing to go the extra mile for you but I think you would be taking a grave risk if you were to settle for anything less than ENS or RSMS right away.

Tread very carefully, my friend. I think you really ought to be using an Agent, myself. Preferably one with hands-on experience of the particular issues facing you. Are you using an Agent, and if so, which one?

Best wishes

Gill

Welshtone · 19-03-2007, 09:36 PM

Quote:

Originally Posted by billy braveheart

Hope someone can help !
I have been offered a job in perth on a 457 my question is-how soon after arriving can we apply for a permanent visa and the cost? I turned 45 last november otherwise i would have applied under a skilled 136 class (bricklayer) As many of you know its a big step to sell up everything in the uk and move only to be chucked out after 4 years any help appreciated
Billy

Hi Billy

The permanent employer nomination can be applied for immediately you are in Perth if the employer offers you a minimum 3 year contract and can demonstrate that there are exceptional circumstances AND you can get recognition by TRA as a Bricklayer.

The two year waiting period is in relation to not requiring your skills recognised - so if you have been in Australia on a 457 for at least 2 years and been employed and sponsored, by the employer wishing to Sponsor you permanently, for at least 1 year - no skills assessment is required.

For 45 to 49 year olds, the policy states that exceptional would be if you were essential to the business and the company demonstrates it is not possible to find younger suitable qualified person. Also, if the occupation is on MODL then this is significant support to the employers claim that the position is exceptional.

So it all looks OK in theory - I wil lcheck with Perth on how strict they are in practice with this "exceptional" assessment and let you know.

Regards

Tony Coates
MARN 0635896

billy braveheart · 20-03-2007, 05:23 PM

Thanks guys for the replies.Im really not sure what to do now for the best.i dont want to sell our home and go only to end up with nothing but im still defo gona get there i was going to use complete migration solutions as agents.i have been offered the job through a uk/oz recruitment company called arpc who seem sure ill get the permanent visa after 3 months? HELP lol

Welshtone · 20-03-2007, 05:41 PM

Hi Billy

Can't give any 100% assurances and a recruitment agency can't give you any Visa advice. I can tell you that a permanent visa via Employer Nomination will require you to go through the TRA successfully unless you wait the 2 years. So it may take a few months to sort the TRA and then the ENS with exceptional circumstances. Don't sell the house, unless it suits you to anyway, until you have that Permanent visa in your little mitts. With the current shortage of trades in WA, things are definiotely in yoiur favour.

Regards

Tony Coates
MARN 0635896