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457 to permanent redidency visa (ENS186)


Guest comeon2012

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Guest comeon2012

Hi,

Some questions about permanent redidency visa (ENS186) that might need help or discussion.

 

For the following specific situation:

 

(1)Both the main applicant and the partner are holding 457 visa and need to apply for Employer Nomination Scheme (subclass 186) at the same time as one application;

(2)Although the partner is also in Australia when the application is lodged, she needs to head back to her mother country after that. Presumably, the parter would be still out of Australia when the application is approved.

 

Questions:

 

(1) Once the application is lodged, do both the main applicant and the parter need to change their visa from 457 to bridging visa?

(2) The partner needs to inform DIAC about the leaving when the application is processing, right?

(3) Will the partner's bridging visa or 457 visa be cancelled if she goes overseas during the processing period and will thus face dificulty to re-enter Australia before the new permanent visa is granted?

(4) Does the leaving change anything else, such as the status change from onshore to offshore application, the fees, the materials to submit, the waiting period and etc.

(5) The partner can take medical test in her monther country when she is required to do this by DIAC, right?

(6) Both the main applicant's and parter's application will be approved if everything is ok, and the main applicant will have the new visa first, but the parter needs to enter Australia to validate her visa within one year (or something like this), right?

 

Sorry for the massive questions. Your reply or discussion would be appreciated.

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Ok, first off, are you both on THE SAME 457 visa or do you each have one for different employers?

 

Who's employer is sponsoring for pr, the one staying or leaving?

 

When does the 457 visa run out?

 

You don't apply for a bridging visa, it kicks in automatically when your 457 expires if your pr has not been granted. If you are not in the country at that point then you do not get a bridging visa.

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Guest comeon2012
Ok, first off, are you both on THE SAME 457 visa or do you each have one for different employers?

 

Who's employer is sponsoring for pr, the one staying or leaving?

 

When does the 457 visa run out?

 

You don't apply for a bridging visa, it kicks in automatically when your 457 expires if your pr has not been granted. If you are not in the country at that point then you do not get a bridging visa.

 

Hi blossom79, thanks for your reply. I will try to make the situation clearer.

 

Currently both the two are holding 457 visa and the visa will expire in 2015. Only the main applicant (husband) has been working and his wife got 457 visa as the spouse. Now the couple wants to apply for permanent residency at the same time. The husband's employer is going to sponsor both of them. The wife is going to leave Australia and will come back months later. The application is expected to submit before the wife leaves but after the submission she needs to leave. So presumably the wife is still overseas when the result comes out.

 

Thanks.

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The pr should be granted before the 457 runs out, so no bridging visas. That means she can leave. However, if its on onshore application you will have to let immigration know that she is going, and then she will need to return when the visas are ready to be granted. Immigration would let you know when this is.

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Guest comeon2012
The pr should be granted before the 457 runs out, so no bridging visas. That means she can leave. However, if its on onshore application you will have to let immigration know that she is going, and then she will need to return when the visas are ready to be granted. Immigration would let you know when this is.

 

Thanks so much blossom79.

One more question if you don't mind: Will the main applicant (husband) be granted the visa first if the wife is still overseas when the DIAC approves the application? Or the wife should be back first and then both of them will be granted at the same time?

Thanks.

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Guest comeon2012
The grant will be made for all applicants listed on the visa at the same time.

 

Thanks Tickled Pink.

If the application is approved say in September, but the wife is overseas that time and will come back say November. Will the visa granted for both the husband (the main applicant) and the wife at the same time in September (may be the wife needs to conduct the first entry during a required period to validate her visa)? In other words, the husband will start to enjoy pr from September, right?

Thanks again.

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Guest comeon2012

Hi,

 

A question about transferring from 457 visa to ENS186 permanent redidency.

 

Background:

A couple lodges application at the same time (as an application) both onshore;

The main applicant (husband)'s employer nominates both of them;

The wife is going to leave Australia and will come back months later. The application is expected to submit before the wife leaves but after the submission she has to leave. So presumably the wife is still overseas when the result comes out.

 

Question:

If the application is approved by DIAC say in September, but the wife is overseas that time and will come back say November. Will the visa be granted for

(1)both the husband (the main applicant) and the wife at the same time in September? Or

(2)both the husband (the main applicant) and the wife at the same time in November when the wife is back to Australia?

 

Any help would be appreciated.

Edited by comeon2012
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Guest comeon2012
Hi,

 

A question about transferring from 457 visa to ENS186 permanent redidency.

 

Background:

A couple lodges application at the same time (as an application) both onshore;

The main applicant (husband)'s employer nominates both of them;

The wife is going to leave Australia and will come back months later. The application is expected to submit before the wife leaves but after the submission she has to leave. So presumably the wife is still overseas when the result comes out.

 

Question:

If the application is approved by DIAC say in September, but the wife is overseas that time and will come back say November. Will the visa be granted for

(1)both the husband (the main applicant) and the wife at the same time in September? Or

(2)both the husband (the main applicant) and the wife at the same time in November when the wife is back to Australia?

 

Any help would be appreciated.

 

Looking forward to the reply. Thanks.

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