457 to permanent residency

[Joebloggs]

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!

For General skills migration the age cut off is absolutely 45 right down to the point of the time difference for Australia and the UK to be taken into account.

ie if the applicant is 45 tomorrow (21/09/2010) he would have to lodge the application online in the UK by GMT 3PM today (20/9/2010). Thats how strict they are, they just wouldnt write it on the website or publications if otherwise.

Source You must be under 45 years of age on the day of making your application.

For ENS age can be over 45 but depends on exceptional circumstances.

• you are less than 45 years old, unless you can demonstrate exceptional circumstances
apply.

Exceptional circumstances – ENS
All requests for consideration of exceptional circumstances in relation to the work
experience, age or English language criteria are assessed at the visa application stage.
You may ask your ENS sponsor to provide information to support any claims of
exceptional circumstances.

IMPORTANT
The skill, work experience, age or English language criteria must be satisfied when
you first apply for the visa. You should provide evidence that you satisfy the criteria
or provide a detailed submission to support a request for exceptional circumstances
with your visa application. If you are seeking consideration of exceptional
circumstances for more than one criterion, you must provide reasons for each
individual criterion. If your application is assessed as being exceptional for one or
more criterion, you must still satisfy all other normal criteria

Age
You must be less than 45 years old when you lodge your ENS visa application, unless
you can demonstrate that exceptional circumstances apply to your case.
The following guidelines should be considered as part of your detailed submission:
• if you are 45 to less than 50 years old, the circumstances may be considered
exceptional if:
– the position is essential to the operation of the business; and
– your employer demonstrates that it is not possible to find, in Australia or overseas,
a suitably qualified person who is younger than you.
• if you are 50 to less than 55 years old, the circumstances may be considered
exceptional if:
– the position is an ASCO major group 1 to 3 occupation;
– the position is essential to the operation of the business and
– your employer demonstrates that it is not possible to find, in Australia or overseas,
a suitably qualified person who is younger than you.
• if the applicant is 55 to less than 60 years old, the circumstances may be considered
exceptional if the:
– the position is an ASCO major group 1 to 2 occupation;
– the position would normally require a person with specialised skills and experience
that were acquired over many years (for example senior academics, researchers or
scientists); and
– the employer demonstrates that the position is so unusual or highly specialised
that it was not possible to find, in Australia or overseas, a suitably qualified person
who is younger than you.
Applicants who are 60 years or older are not generally considered under the exceptional
circumstances provisions.

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

She definitely would have done the skills assessment.

My friend went from a 457 to ENS in 2 days, while another friend lodged his 3 months later and it took 4 months.

[GRobbo]

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.

Prawny4 / Joebloggs,

I own 50% of a company in UK and I am in the process of trying to set up a Subsidiary Company in Australia on a 457 Visa.
This would to allow me to set up a subsidiary company with myself as a Director and employee along with a couple of other staff / engineers.
Have any of you managed or heard that this can be done under a 457 Visa.?

If the Subsidiary then becomes successful can this Visa be transferred to PR?

Any help would be much appreciated as I am 50 and all my wife's family are resident in Australia.

GR

to

[Cooper7]

Hi, after reading your thread I was hoping I could ask you a few questions! We currently own a recruitment company in the UK, and are hoping to open a branch in Queensland. We were under the assumption you had to have a business visa, however after reading your post are now very keen to go down the 457 route. We are both directors, and would want to sponsor one of us in on the 457 - is this right?? Can you explain the process and also how long it took you from start to finish! Thank you and we wish you every luck in your new venture!