the_whites

Hi All Is it possible for a secondary applicant on a 457 visa to arrive in Australia before the Primary visa holder? My understanding is that this is possible as long as Condition 8502 has not been applied to the visa. Can anyone confirm if this is correct or if there are any downsides to this? Thanks

Thank you for all the advice. I guess my only concern would be that applying directly for the ENS through the labour agreement would mean at least a 6 month processing time after the grant of the agreement. I know the company were hoping they could have everything finalised at least by the end of the year if not by early jan. If a bridging visa does not allow him to work in the meantime, then a 457 is definitely quicker if a subsequent labour agreement can be requested followed by the ENS.

Many thanks for the reply. My brother would be employed as a consulting arborist and as you correctly say not getting his hands as dirty as an arborist would. This is one of the main reasons the company are considering the labour agreement as the specific role requires a more experienced person in the industry and the guidelines suggest this is the pathway to follow when a more specialist role is required. I guess that may restrict him from an initial 457 visa? Would I be correct in deducing from your advice that the company can negotiate an ENS visa with the labour agreement rather than a 457 along with the age exemption and that my brother can also apply for the ENS onshore? This would be a more favourable option. Would you have any idea of current processing times for these options?

My brother has been offered a position as a Consulting Arborist in Australia. The company concerned is considering applying for a Labour Agreement as they are having difficulties sourcing good employees, the actual role is not on the CSOL, only Arborist. The Labour agreement seems to also provide a stream to PR as they can request an age exemption. Questions: 1. Can the company become a Standard Business Sponsor and employ him initially on a 457 then switch to a Labour agreement for the same employee? Reason for this would be timeline related. It may be quicker to apply for a 457 visa. However not sure if this negates the Labour Agreement application. 2. If the company decided just to apply for a Labour Agreement and it is approved, can my brother come to Australia and apply for the 457 visa onshore? If he arrived on an e-visitor visa, would he be granted a Bridging Visa, allowing him to work? Thanks

Yes, I did. And no, I'm not saying over 50's are so special. But what's the difference between a 49 year old migrating and a 51 year old. 2 less years of contributions? Surely it would be fairer to pro rata any type of pension based on contributions made over the years for migrants. And as far as I am aware, migrants from the UK are still entitled to draw their UK pension but again the amount would be dependent on their NI contributions. Im sorry to say that I wish I had never asked the question in the first place as I seem to have attracted a lot of negativity rather than constructive answers from some members. I didn't ask if the daughter could jump the queue over someone else, just what the criteria needs to be going forward. Or to be criticised for my opinions on the age criteria. Thank you to those who replied with constructive answers.

I cant see how I am discriminating against younger people or where I said only people over 50. Many people of all ages have these skills, many don't. I'm just standing up for those over 50 as I don't believe they should be excluded from migration, especially given the moving of the retirement age upwards.

Hi Bungo I understand all about the 457 visa. I just wanted to know what her options were with regards to qualifications/experience etc and thank you for the clarification. Being over 50 pretty much precludes anyone from obtaining a permanent visa. Unless you are lucky enough to earn at least $136000 a year for 4 consecutive years, there is no pathway. I have two brothers, one is on a 457 and the other in the UK. Both over 50. The brother in the UK cannot even apply for a Remaining Relative visa as despite the aus based brother having lived here for 4 years, paid his taxes etc, he cannot obtain PR and therefore the balance of family is askew. There is little option for anyone over 50. Yet they are the ones with the experience, knowledge and life skills. Pretty discriminatory if you ask me. But thats another topic

Thank you everyone for your comments. Unfortunately her father is too old to gain PR (over 50) hence the questions as to what her options would be. I understand that she would need a visa to gain PR and that it is not something that can just be granted. However, I was not sure of the pathway given that she would have spent at least 5 years here.

Many thanks for your reply Ali. Was thinking a little further down the track after she turns 18. Does she need to gain a degree and work for a number of years to have a chance of PR without being dependent on her father?

Hi All Was wondering how the following scenario would transit to a permanent residency visa? A 457 visa was granted to Mr "Smith" for 4 years and included a dependent daughter aged 16. Daughter attends school for Year 11 and 12, turns 18 and decides to enrol at University. Can the daughter apply for Permanent Residency? or is there specific criteria she must meet to gain PR? Must she gain her degree first and then be sponsored? Looking forward to hearing your thoughts

I live on the peninsula, we rented in Mornington and Frankston South and now live in Moorooduc on acreage. We love it. We are close to the Peninsula link which gives us access further down the coast to Dromana, Rosebud, Sorrento but also everything city bound, just a 45 minute drive away. Daughter went to Padua College, a catholic school and did well. They are not the highest in overall academic achievements but we have no issues with them. Daughter was in top 6% in state for Year 12 results. Bus links around are ok once you get used to them and the train to the City starts at Frankston so most of the time you can get a seat You do need a car and we did do a lot of taxiing of our daughter for a while until she got her Ls and Ps. But most of the time she was pretty self sufficient in getting herself about. She started Uni this year and drives up when she needs to. Its really only when they get that bit older that living in the "sticks" becomes more of an issue as their uni friends are dotted around the state. Mornington, Mt Eliza and Mt Martha can be expensive for rentals for nice houses but depends what you are after. Living Beach side just means the house prices are more expensive!! We love living here. Mornington is nice to visit and walk down the high street every now and then or to sit outside one of the restaurants and have lunch or a drink. Rarely go to Mt Eliza but then we are busy renovating so time is a premium. Beaches are lovely and the coastline is stunning. Make sure you explore the surrounding suburbs before deciding where to park yourselves. There are school bus routes which cater for outside of the Mornington/Mt Eliza suburbs and we came to realise that actually its not that far out going a bit further.

Hi Bryzar. I had this same issue in 2009. I also was the youngest of a family who migrated in 1966. We stayed for 3 years and then returned to the UK. After a year, we were back in Aus for another stint, so 7 years in total. I contacted immigration as I was told if I could pick up my permanent residency again if I could prove arrival in 1966. However Immigration told me the following, you must have had at least 9 years continuous stay in Australia and then have a very good case as to why you did not return in the following 20 years. I was told it is very difficult to regain your original PR. But I think its worth a call to Immigration to find out what his options are. Good luck

Date applied: 01/07/2015 City/Council area: Mornington Peninsula Online / Paper : Online Date received the acknowledgement email: 16/07/2015 Date of the Citizenship Test : 31/08/2015 Date of ceremony : Waiting Type of ceremony: Normal

Renew the UK passports but make sure you inform Immi of the new numbers and as suggested, carry both. We checked in at Heathrow with our daughter for our flights to Merlbourne and she had no visa in her new passport as they had not transferred it. We weren't carrying her old one so they had to make a phone call to the Immigration Office in Australia to confirm she could travel.

I had this same issue with my daughter. First time round, she was 11 and before we moved we discussed it as a family, got her to write down pros and cons and she made her own decision that she would give it a go. Unfortunately, we ended up back in the UK after 18 months, a move she didn't want to make. 2 years later, we were moving back to Australia again, this time, she was nearly 15 and a completely different kettle of fish. But again, we talked it through, she decided all would be ok and back we came. She has never stopped saying that she wants to go back to the UK, albeit without the tears, but despite what she says, she is now in her final year at school and making plans to go to Melbourne University for the next 7 years!! Every now and then, I ask her why she isn't planning on going back to the UK for Uni. She has no real answer apart from the only university she wants to consider is Melbourne or Oxford/Cambridge! So things do change. Even after Uni, she is planning to work overseas but not in the UK I would say hang on in there. Try and understand where she is coming from. They do think at that age that their friends at 13 will be lifelong but they soon move on even though keeping in touch is so much easier these days. Only a handful of my daughter's friends do, and that's just the odd "like" or comment on FB. Has something happened at school maybe that she was upset about? There would no doubt be a trigger to her tears unless it has been a pattern over the months.