Separate 457s, one PR visa?

Hi all,

I posted this in the Migration Issues forum two days ago but didn't get any responses, so I'm posting it here and hoping that someone can help me.

Please go straight down to the last couple of lines for the crunch, if you'd like to skip the background info.

 

Last week I asked you for advice on whether my fiancé and I might have a problem with our visa if I go back to work in the UK after we get married (we're living in Denmark at the moment, but I just haven't been able to find a job around here since I finished my Master's degree, which is driving me nuts), and I pretty much got the go-ahead.

 

However, this week we've had another brainwave, but we're not sure if it would be legal, so I'd like to feel you all out on this topic, please.

 

Our visa situation is the following: we're planning on going his visa/s, because I've been studying for the last couple of years, so I don't have any current work experience that counts. He's been offered a 457 visa, and the company is also willing to sponsor a PR (ENS 121, I think) visa at the same time, so we'd get into Oz quickly, and then pop out to NZ briefly when the PR visa is ready to be granted. However, they only want to start the process in time for a project later in the year, so we'd probably only be going towards the end of 2011.

 

Right, now for the brainwave: if we're going to be apart anyway, we've been thinking that maybe it would make sense for me to go to Australia ahead of him instead of back to the UK in the meantime? Assuming I can find an employer willing to sponsor me for a 457 (and it's a big if, as my background and experience are in teaching English, and my Master's is in International Relations (or along the lines of Social Professionals, not elsewhere specified), could I go over first?

 

So, would it be possible for me to go over to Australia on my own 457 visa soon, my husband on his own 457 visa later, and then for both of us to be on his PR visa at an even later stage?

If you can get your own 457, would it not be easier to include him in it rather than apply for a separate one? Then his company can apply directly for the 121, rather than faffing with the extra 457?

Alternatively, how old are you? are you eligible for a working holiday visa? That could tide you over until he comes out on the 457

Thank you so much, RockDr. (Does that mean you're a geologist, by the way?)

We've been so focussed on going over permanently and on his visas that neither of those ideas even occured to us! :biglaugh: They're two very good options.

I think my chances of getting my own 457 are slim: it seems that schools (if I were to go back to teaching, which I would do if I couldn't find work in my field) and NGOs/charities etc. don't generally sponsor visas for overseas workers, but are happy enough to hire you if you turn up at their door. So, it seems that a WHV (I'm 27) would be the best option.

I guess the question then becomes, could I hold my own WHV and later be put on hubby's 457 (for security, so I don't have to leave Australia when my year is up, as I can't see myself picking fruit for 3 months) and ENS121 applications?

Thank you so much, RockDr. (Does that mean you're a geologist, by the way?)

 

We've been so focussed on going over permanently and on his visas that neither of those ideas even occured to us! :biglaugh: They're two very good options.

 

I think my chances of getting my own 457 are slim: it seems that schools (if I were to go back to teaching, which I would do if I couldn't find work in my field) and NGOs/charities etc. don't generally sponsor visas for overseas workers, but are happy enough to hire you if you turn up at their door. So, it seems that a WHV (I'm 27) would be the best option.

 

I guess the question then becomes, could I hold my own WHV and later be put on hubby's 457 (for security, so I don't have to leave Australia when my year is up, as I can't see myself picking fruit for 3 months) and ENS121 applications?

There is no reason you cannot get a WHv now and also be included on the employer sponsored visas later.

Cold you clarify if you are married or not though? You refer to your OH as both a fiance and husband. If you are not married you will have to provide evidence of yor relationship and the separation would be an added complication, not one that could not be overcome, but a complication nonetheless. Married couples do not generally have to prove anything beyond the marriage certificate.

That's exactly the information I was after. Thank you, Pumpkin. :wubclub:

Cold you clarify if you are married or not though? You refer to your OH as both a fiance and husband. If you are not married you will have to provide evidence of yor relationship and the separation would be an added complication, not one that could not be overcome, but a complication nonetheless. Married couples do not generally have to prove anything beyond the marriage certificate.

Well, he's both, really!:chatterbox::laugh: Right now he's my fiance, but in a month, give or take (before we apply for any of our visas), he'll be my husband. If we had to, we could prove a relationship for the last three and a half years, and two and a half of cohabitation (here in Denmark people ask why you're getting married, rather than why you're not married:laugh:), but hopefully it won't come up in the visa process at all.

So, only slightly complicated. :biggrin: Does that clear it up?

Hi siamozzer,

yup, I'm a geologist...

There's no reason why you wouldn't be able to be included on his visas if you're on a WHV.

Do take a look at the proving a relationship info, and make sure you keep any relevant information, especially since you'll be apart for a while, even if you're married they'll expect some evidence that the relationship is ongoing (assuming you'll be using Skype to keep in touch, bear in mind that you can't download a record of Skype to Skype calls, one way around this is to message each other on the chat option, just before you call each other, such as "you ready for call?" "hang on, getting cuppa tea then I'll call you" etc etc, make sure you don't clear your chat history, and at the end of the separation, you'll be able to print out your Skype chat record which will effectively be a call frequency record) Also make sure you have some level of joint finances, e.g. transferring money to each other for help with rent, or buying holidays together etc.

yup, I'm a geologist...

Thought so. :wink: My best friend is a "RockDr" too. Once when a group of us were on holiday in a game reserve she called out in much excitement, and we screeched to a halt expecting some big or exciting game, and she had us all looking at interesting rock formations and strata for 20 minutes! :laugh: I love finding out what rocks came from where, and how, and what's in them, but not everyone was so keen.

There's no reason why you wouldn't be able to be included on his visas if you're on a WHV.

Thanks for the confirmation. Puts my mind at ease.

Do take a look at the proving a relationship info, and make sure you keep any relevant information, especially since you'll be apart for a while, even if you're married they'll expect some evidence that the relationship is ongoing ... Also make sure you have some level of joint finances, e.g. transferring money to each other for help with rent, or buying holidays together etc.

Thank you very much for the heads-up. That's very valuable information, and we'll be sure to do that, just in case.

Me and my husband have been on an e457 visa for a year and a half now. How do u get PR. I have heard you get it after two years but not got this in stone. I cannot find anything on this subject especially with the e457 visa. Any info would be appreciated.

@jomaspirit: you want to read up on the requirements for the employers sponsored PR visa. Sorry I can't remember the number off the top of my head. Two years australian employment counts towards it, but there are a number of different options/requirements.

you can apply for a 175/176 PR visa at any time while you are on your e457 visa. We are in the process of waiting for a case officer for a 176 visa for SA. You don't get any special priotirty though for being in Australia already, and you have to leave the country to validate the visa once its given.