My hubby has accepted a job offer in Melbourne and we are taking the 457(4 year visa) to PR route.
His employers told him at his interview that we could apply for PR immediately after taking up the position and that they would sponsor our PR application.
I have read some of your threads on this subject and have got myself confused (not at all difficult for me !!) because some of you are saying that you can't apply for PR for 12 - 24 months after taking up employment or even longer.
Now, I'm not too concerned in the respect that we are still moving to Oz, wild horses couldn't stop us, but what does concern me is what our limitations/entitlements will be in relation to mortgages, health care etc on a 457 as opposed to PR.
I've just re-read this post and hope it makes sense.. L.O.L.
Lots of questions and even more cofused post from me to follow this one I'm sure
I moved to sydney in November 2006 on a 4 year sponsoship (457 Visa) and in June this year applied for my PR visa which is still going through. I'm a nurse and on the occupation in demand list so I don't know if this makes any difference or not. Two of my friends also nurses (been here less than 12 months) have both now got PRs (previously on 457s).
Hi Ripha, I'm not sure about mortgages/house buying etc. If you take a look at my other thread that I've just added (my experience in Oz so far), I mention that I would like to buy a house, and someone somewhere along the line (and I can't remember who) told me I wouldn't be able to take out a mortgage on a 457 visa. However, I've just had a reply to my other thread which states the opposite, so that's interesting, I'm gonig to look into it. Personally, I'm glad that I have rented in sydney for the first year, I've moved twice because I couldn't get settled, but I've now found an area i'm happy with.
As far as health benefits go, when I first got here I was advised to take out private health insurance which I did (and it was expensive) with Australian Unity. However, I let it slip and don't have private at the moment, people from the Uk are entitled to some benefits on medicare (I've seen a GP twice over here and I've not had to pay), I really do need to get off my arse and look into it though.
Hi johatts.....hope you can give me some advice on getting our pr visa .we are on a class ux temp resident 495 we have been here for 18mths hubby&6yo son my worry is that im not sure what we need to do to get our perm i,ve heard that we might have to get our meds & police checks plus wait for a case officer we can apply for a perm once we have been here 2yrs which is this coming april any advice of you or anyone would be gratfully recived deb
Hi johatts.....hope you can give me some advice on getting our pr visa .we are on a class ux temp resident 495 we have been here for 18mths hubby&6yo son my worry is that im not sure what we need to do to get our perm i,ve heard that we might have to get our meds & police checks plus wait for a case officer we can apply for a perm once we have been here 2yrs which is this coming april any advice of you or anyone would be gratfully recived deb
After 2 years you can apply for PR. You need police checks from Oz adn country of last address. You will need medicals. When I had medicals I needed further tests and had to go see a consultant.
you wait for a case officer and then it should all be dealt with quite quickly. Thats all I can tell you. Ours took about 6 months all tolled but that was waiting 3 months for an appt to see a neurologist in taht too.
__________________
Joanne
"POZZIE" - HAPPY AND LOVIN` IT
The Standard Business Sponsorship is the vehicle for sponsoring a person from overseas to work in Australia on a temporary basis for up to 4 years and the process is:
Step 1: the employer applies for approval as a business sponsor Step 2: the employer nominates the position to be filled Step 3: the prospective employee applies for a Temporary Business (Long Stay) Visa.
Step 1: The requirements for a sponsorship to be approved To be approved as a sponsor, the employer must demonstrate that the business:
Is a lawfully and actively operating business
The direct employer of the temporary business entrant
Is able to meet sponsorship undertakings
Can show that the employment of a temporary resident will lead to
creation of trade links
introduce new skills through technology or training and/or
be of benefit to the economy
has training policy in place to ensure that adequate training of Australian permanent residents or citizens is provided
Agrees to abide by the sponsorship undertakings set out in Form 1196.
Step 2: The employer nominates the position to be filled This step is to identify the:
Position to be filled by the temporary business entrant(s)
Skills and experience required for the position.
When making a decision on the nomination application, DIAC assess whether:
The employer is an approved Standard Business Sponsor or overseas business sponsor;
The position relates to an occupation which meets a minimum skills threshold; and
The position is to be remunerated at a minimum salary level or above.
Skill threshold A minimum skill level applies to all positions to be filled by overseas employees. The skill level is that required for the occupations gazetted at the time the nomination is lodged with DIAC. These positions are based upon those described in the ASCO, major groups 1-4 inclusive.
At the advice of Department of Employment, Workplace Relations and Small Business, occupations in these groups may be removed if there is an oversupply of people with these skills in Australia. Similarly, occupations may be added if there is a shortage of people with these skills in Australia.
Sponsors must nominate occupations listed in the gazette notice at the time of lodging nomination applications. The nomination of positions which do not meet the minimum skill level can not be approved.
The gazetted occupations may change from time to time, so it is best to ensure your lodging your nomination application.
Salary Threshold The nominated position must be remunerated at a level not less than average annual salary for all Australian workers (currently A$41,850). Remuneration for occupations under Information Technology is A$57,300. Employees may be provided with other benefits, such as car allowances, accommodation, meals, shares and bonuses, but these will not count towards the minimum salary threshold as described above.
Again, the minimum salary level may change from time to time, so please ensure you are aware of the gazetted salary threshold before lodging your nomination application.
The normal processing period for two steps 1 and 2 is usually between 4-8 weeks.
The first two steps are processed by the DIAC in Australia.
Step 3: The nominee’s application The employee’s application, assuming that the first two steps have been successfully completed, requires lodgement of the employee application form. In addition, visa applicants must satisfy DIAC that they:
Have skills which match those required for the vacancy for which they have been nominated and will be paid at not less than the minimum salary level;
Have attributes consistent with their proposed employment in Australia;
Meet health and character requirements;
Meet all other requirements in the legislation.
Skill assessment A skill assessment of the visa applicant may be required. The purpose of the skill assessment is to ensure that the visa applicant has the skills and/or experience to fulfil the duties of the position. Where Australian registration or licensing is required to undertake the nominated position, applicants may be asked to provide evidence that they are eligible for the relevant registration of licence.
Applicants sponsored by an Australian employer All applications are now lodged and processed in Australia, and in most cases the process i9s by electronic lodgement
The normal processing period for the employee application following approval of the employer requirements is usually four to six weeks.
What are the employer's obligations in this class of visa?
The employer is required to provide adequate health insurance for the employee and his or her dependents. There are a number of private schemes offering health cover for non-residents.
If the employer terminates the employee's employment, then he will be obliged to repatriate the employee and his or her dependents to their home country. If the employee resigns his employment without having first secured another sponsor in Australia and made arrangements to lodge a further sponsorship application, his visa will terminate on his resignation. It is the employer's responsibility to notify the DIAC if the employee's contract is terminated.
Safeguards against "job hopping" are usually written into the contractual arrangement between the employer and the employee.
If the employee is dismissed for misconduct or incapacity, the employer falls liable to repatriate the employee and his or her dependents. Safeguards can be provided for the employer in any contractual arrangement entered into at the time of employment.
The post by jimmyybob shows the requirements when applying for the long term temporary employer sponsored visa (subclass 457).
To the OP: if the employer is supporting you with a permanent residency visa application you are probably looking at an application under the Employer Nomination Scheme. You can apply for such a visa before you arrive in Australia or soon afterwards if you can secure a positive skills assessment classification in an occupation on the Employer Nomination Scheme Occupations List (the ENSOL) and have been working in that occupation for the last 3 years. See the details at this webpage from the immi website: Employer Nomination Scheme (Subclass 121/856)
I recommend that all who are heading to Australia on temporary or provisional visas and who intend to remain there permanently are clear on their strategy for securing permanent residency. Employers can change their mind as to facilitating permanent residency (particularly if the employment relationship goes sour), and in such a circumstance 457 visaholders can find themselves in an unwelcome position.
Those affected can contact us for a chat if they want some clarity - I can be reached on Melbourne number +61 3 9935 2929, or telephone my colleague John Sylvester on Southampton number 023 80 488777.
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
I am, currently in Dubai, am sponsored on 457 visa by a company in Adelaide as Senior engineer Electrical. They have informed that they dont have the policy for Employ nomiantion scheme (ENS). So I have to apply for PR after 4 years.
My question is
After how long stay in Australia, I can apply for the PR?
How can I apply for PR if my employer has refused for ENS?
Can I apply for General Skilled Immigration while contnuing the same job? If so after how long? And will I have to leave Australia in this case?
457 to PR - Info required
