Permanent Residency 856

[JOJOJO]

Following on from my previous thread yesterday; http://www.pomsinoz.com/forum/migrat...t-process.html

Assuming I do not go the PRL/MODL route and I just sit and wait for the two years to tick away, I started with my employer in 17 March 2008, but was on a Tourist Visa until my 457 visa was granted. The 457 was granted on 27 May 2008. So I become eligable to apply for automatic PR on 27 May 2010...........

Does anyone have any idea how long it takes to process a PR Subclass 856? Is it like months nearly years? Or weeks and days?

Furthermore, most importantly, is there anything stopping me from handing in my notice the day my PR is granted?

I just want to leave my employer.........Your thoughts would be great.......

Thanks

Jo

[Alan Collett]

Following on from my previous thread yesterday; http://www.pomsinoz.com/forum/migrat...t-process.html

Assuming I do not go the PRL/MODL route and I just sit and wait for the two years to tick away, I started with my employer in 17 March 2008, but was on a Tourist Visa until my 457 visa was granted. The 457 was granted on 27 May 2008. So I become eligable to apply for automatic PR on 27 May 2010...........

Does anyone have any idea how long it takes to process a PR Subclass 856? Is it like months nearly years? Or weeks and days?

Furthermore, most importantly, is there anything stopping me from handing in my notice the day my PR is granted?

I just want to leave my employer.........Your thoughts would be great.......

Thanks

Jo

Jo,

I think you are inviting problems if you exploit your employer by accepting their assistance with a permanent residency visa and then resign immediately upon visa grant.

Surely some readiness on your part to give the employment relationship more time is part of the deal?

Best regards.

[northernbird]

Jo,

I think you are inviting problems if you exploit your employer by accepting their assistance with a permanent residency visa and then resign immediately upon visa grant.

Surely some readiness on your part to give the employment relationship more time is part of the deal?

Best regards.

Surely she needs telling too that there is no such thing as automatic PR!!!!!

[JoanneHattersley]

Absolutely!!! No automatic thing! My PR took 6 months due to waiting for Drs consults etc etc!

Im one of the lucky ones, I came over on a 457 and was sponsored by a nursing agency! 4 months in my manager took over my sponsorship and then took me through PR! I am still there 4 1/2 years later and I ADORE my job with a passion that I never had in the uk.

I think you are inviting problems if you exploit your employer by accepting their assistance with a permanent residency visa and then resign immediately upon visa grant.

Alan is dead right. What type of reference will you get from an employer that you dump the day they give you something you want???

If your employer is that bad can you not find another person to take over your sponsorship?

[JOJOJO]

All,

Thank you for your responses, which I read with interest and alarm. Can I refer you all to these two links?

1. The September 2006 Parliamentary White Paper known as 'Negotiating the maze' essentially a review of the arrangements for overseas skills recognition, upgrading and licensing (all 361 pages).

Page 37 - which clearly states the following?

Link; http://www.aph.gov.au/House/committee/mig/recognition/report/fullreport.pdf

1.129 Use of the 457 visa has become more widespread and has undergone some fine-tuning by the government:

Last year something in the order of 60,000 such visas were issued. Those visas allow a person to be in Australia from anywhere between three to four years, and they can then extend that visa if they wish. An important change that the government made earlier this year in respect of that visa was to say that, if someone has been in Australia on that visa for two years with a particular employer and that employer wishes to then retain them and there is agreement between the employer and the employee regarding permanent sponsorship, the employer can then automaticallyconvert that to permanent resident after two years.

2. The following website states the following;

Link; http://ezinearticles.com/?Main-Visa-Options-For-Working-Holiday-Makers-in-Australia---Subclass-417-Visas&id=1926962

There are a number of benefits that flow from being sponsored on a temporary working visa, subclass 457.

After 2 years on this visa and 12 months with an employer, your employer can nominate you directly for permanent residence - subclass 856 visa. Once granted, you have no obligation to remain with the employer and can move on to work anywhere.

So, please forgive me if I have come across as ill advised or naive that this entire process wasn't anything other than simple, straight forward and automatic after completing 2 years employment!!

Furthermore, please be mindful and considerate that there employers exploiting 457 employee's by under paying them in comparison to others with the same skill set. The White Paper goes into this at length.

Thanks again

JoJoJo

[Mongrel]

All,

Thank you for your responses, which I read with interest and alarm. Can I refer you all to these two links?

1. The September 2006 Parliamentary White Paper known as 'Negotiating the maze' essentially a review of the arrangements for overseas skills recognition, upgrading and licensing (all 361 pages).

Page 37 - which clearly states the following?

Link; http://www.aph.gov.au/House/committee/mig/recognition/report/fullreport.pdf

1.129 Use of the 457 visa has become more widespread and has undergone some fine-tuning by the government:

Last year something in the order of 60,000 such visas were issued. Those visas allow a person to be in Australia from anywhere between three to four years, and they can then extend that visa if they wish. An important change that the government made earlier this year in respect of that visa was to say that, if someone has been in Australia on that visa for two years with a particular employer and that employer wishes to then retain them and there is agreement between the employer and the employee regarding permanent sponsorship, the employer can then automaticallyconvert that to permanent resident after two years.

2. The following website states the following;

Link; http://ezinearticles.com/?Main-Visa-Options-For-Working-Holiday-Makers-in-Australia---Subclass-417-Visas&id=1926962

There are a number of benefits that flow from being sponsored on a temporary working visa, subclass 457.

After 2 years on this visa and 12 months with an employer, your employer can nominate you directly for permanent residence - subclass 856 visa. Once granted, you have no obligation to remain with the employer and can move on to work anywhere.

So, please forgive me if I have come across as ill advised or naive that this entire process wasn't anything other than simple, straight forward and automatic after completing 2 years employment!!

Furthermore, please be mindful and considerate that there employers exploiting 457 employee's by under paying them in comparison to others with the same skill set. The White Paper goes into this at length.

Thanks again

JoJoJo

It is not automatic you have to be nominated by your employer and aplly for the 856 and go thro all the same rigmarole, Exploitation why do you think they call it the slave visa , the pay n=must be over the standard money but welcome to oz in most jobs there is no such thing as collective pay , you get what you can screw out of them and a worker doing the same job might be on more or less money than you

[Alan Collett]

Hello again Jo.

I cannot speak for our learned friends in the Government, but there is no "automatic conversion" of a 457 employer sponsored visa into a permanent residency visa. As I'm sure you know already, applying for a permanent residency visa using employer sponsored migration involves a separate visa application.

As to whether you are able to depart a sponsoring employer the day after you are granted a permanent residency visa issued under the Employer Nomination Scheme, my view is that this is unwise and provocative. If you decide to adopt such a strategy all may be well - but be prepared for the employer to make life difficult for you.

Further, I suggest that you would not be doing the prospects of other individuals who might require the assistance of your employer in a visa sense any good - which I acknowledge is not your personal concern, but consider how you would feel if someone else who is similarly minded does what you are intending in the near future. Do you think your employer would be inclined to sponsor you for a permanent residency visa?

Candidly, I speak to employers who are deterred from sponsoring individuals for permanent visas because of the very intentions you have expressed. It makes life difficult for those who would like permanent residency status, so you may not find too many on a forum such as this who will be impressed at your plans.

As to employers who underpay relative to others who have the same skills set: you are not compelled to be employed by this company. Why not take your skills elsewhere?

Best regards.