457 to permanent residency

**Joebloggs** · 19-09-2010, 09:58 PM

Originally Posted by Prawny4

Thanks Joebloggs.
Hubby got his 457 visa based on the section that states: Overseas business sponsors

If you are an employer with a business that has no formal operating base or representation in Australia, you may apply to bring employees to Australia to do one of the following:

establish a business operation in Australia

Hubby has a 25% directorship share in the UK business that is sponsoring him to set up the new one in Queensland. Perhaps it would be more beneficial for him to remain at 15-25% in the new Australian business when registering it and have the proposed new Australian directors and the other UK directors as main share holders. It's very confusing!
We shall seek out a recommended agents/lawyers as soon as we arrive in Oz and before we register the new company. Any recommendations from experience on agents/lawyers would be appreciated.

Yeah I know you can do that on a 457 as its only temporary visa, never heard of someone getting Permanent residence by sponsoring themselves before. It would be a good one if it works ..sounds almost too easy.

Goodluck with that any way.

**Jules2409** · 19-09-2010, 10:12 PM

Is the company going to be an ABN?

I was just checking out whether a company director can also be an employee in the same way as it is in the UK

http://help.abr.gov.au/content.asp?d...tent/16985.htm

This is the most relevant part

[An employee is a person who receives a salary or wage in return for work or services rendered.

You are not considered an employee for ABN registration purposes if you have your own business but also receive a salary or wage from an activity related to your business.]

So if you are not an employee I don't then see how an ENS would be possible??

I'm sure you have good reasons but I'm confused as to why if you have a successful business in the UK you did not go down the route of one of the visa's for the purpose of setting up a company in Oz.

Did you use an agent for the 457? If not I'd be checking out if this is the best visa at all.

**Joebloggs** · 19-09-2010, 10:41 PM

The reason I thought it was a bit iffy was I have a friend (already a PR for years) who set up his own business and after a few years tried to sponsor his brother on ENS and it the nomination was rejected.

**Andy & Kelly** · 19-09-2010, 11:11 PM

[QUOTE=Joebloggs;860710]If your husband is 46 then he has no other option but to go ENS PR, age of 45 years is the cut off for general skilled migration and there are no exceptions.
ENS and RSMS would be the only chance of getting PR for over 45.QUOTE]

Are DIAC that strict on the age of 45 rule? I ask because my friend at work is 52 and applying for PR under the General Skilled Migration program. I have tried to tell him that it is a bad idea and he should be going in under ENS as our boss is more than willing to sponsor. He is using an agent who is fu****g useless. They haven't advised against it,which under the circumstances you'd of thought they would.

If his application is unsuccessful would he be able to go for ENS? He is on a 457 at the mo and is from Singapore.

Cheers

Andy

**Peach** · 20-09-2010, 07:34 AM

Originally Posted by Andy & Kelly

Are DIAC that strict on the age of 45 rule? I ask because my friend at work is 52 and applying for PR under the General Skilled Migration program.

Yes!! 45 is the cut of age for both the 175/176 skilled visas.

**Prawny4** · 20-09-2010, 08:22 AM

Thanks JoeBloggs.
Maybe it would be best to register the company with only our Australian citizen directors. Keep my hubby as employee only. These sort of tips are great and this is why this site is soooo useful!

Thanks.

**Prawny4** · 20-09-2010, 08:25 AM

Hi, We was told by an agent that we would not get the business owners visa as 4 years ago we put a company into liquidation so a 457 would be our only option.
Prawny4.

**Andy & Kelly** · 20-09-2010, 09:55 AM

Originally Posted by Peach

Yes!! 45 is the cut of age for both the 175/176 skilled visas.

So there is no chance for him whatsoever? If this is the case surely his agent would know this. It seems likely that the agent doesn't give a shi* and just wants the $$$$.
If you were in my situation would you tell your friend he has no chance of a visa?

I'm not liking this one bit!

**Peach** · 20-09-2010, 10:08 AM

Do you know exactly what visa he is applying for? If you go to the imigration website: Skilled – Independent (Migrant) Visa (Subclass 175)

It says:
Who is this visa for?

This visa is for you if you:

are under 45 years of age
have the skills and qualifications that meet the Australian standard for an occupation on the Skilled Occupation List (SOL)

It is the same for a sponsored (176) visa. 457 doesn't have the age restriction, but doesn't easily lead to permanent residence.

**mamba** · 20-09-2010, 11:16 AM

This was our recent experience.
Received 457 visa 5th October 2009.
Wife (main applicant) flies to Oz to take up position 1st February 2010
Starts process to obtain PR 11th February 2010
PR application lodged by agent 23rd August 2010
PR visa (856) granted for whole family 25th August 2010.

The three day period is not a mistake.
My wife is an academic and the Australian university were keen for her to obtain PR.
The University did use an agent although I am unaware of which one.
My wife was 45 when she obtained the 457 visa.
She was 46 when she first entered Australia and obviously 46 when she lodged the PR visa application.
Mamba