Can 457visa lead to permanent

[Lisa1234ken]

Hi all,can a 457 sponsored visa lead to a permanent residency if so how would I do this :arghh:

[_shel]

It doesnt lead to PR, you still need to qualify and apply through skillselect the same as everyone else. http://www.immi.gov.au/skills/skillselect/ But there are now routes for those on temp visas in australia.

[Lisa1234ken]

Ok thanks

[Cal2]

I think you can / or could have been sponsored by your employers which is how we're doing it, but things might have changed in July last year, try checking PR from 457 on the DIAC site. Also maybe 2 years and then you can apply, but again that might have changed last year, try a search on here too

good luck

Cal2

[wrussell]

Hi all,can a 457 sponsored visa lead to a permanent residency if so how would I do this :arghh:

 

Yes.

 

There are a number of pathways.

 

May I suggest you consult a registered migration agent for advice about strategy?

[Rupert]

Hi all,can a 457 sponsored visa lead to a permanent residency if so how would I do this :arghh:

 

If you have an employer willing to sponsor you for the 186 or 187 visa and you have spent two years on the 457 visa, then you can apply under the transition stream which means that you don't need a skills assessment.

 

Otherwise you have to find a permanent visa that you qualify for and apply for it, being on the 457 makes no difference in this case.

[wrussell]

being on the 457 makes no difference in this case

 

Points for working in Australia? Reviewable decision?

[Rupert]

Points for working in Australia? Reviewable decision?

 

Yes I know about points, it is hardly another "pathway" though.

 

And who wants a reviewable decision? Just put in a proper application in the first place, it is not that hard to determine whether you meet the criteria or not.

[wrussell]

=Rupert;1936084229]Yes I know about points, it is hardly another "pathway" though.

 

I did not claim that points for working in Australia constituted a pathway, I was correcting your assertion that it made no difference.

And who wants a reviewable decision?

 

Those who have been incorrectly refused and do not have a reviewable decision, of whom there have been many tens of thousands.

 

In merits reviews I have won all the skilled visa applications that were incorrectly refused by the DIAC and which I took to the MRT, except one where the applicant decided not to proceed. Check your facts and find out how many skilled applications are refused and how many are not merits reviewable.

[blossom]

Op, feel free to ask here and ignore any bickering. I'm sure you can work out if you need an agent without an agent telling you that you do. After all, it is a forum, and you are sounding out before spending wods of money if you might not have to.

 

Having said that, the two year pathway doesn't look as clear cut as people seem to be hoping it will be. The employer has to jump through a few more hoops.

If you do decide to go with an agent I can recommend George Lombard. Good luck.

[Spherian]

I think as much as we all like to think we know everything, Sometimes a little proessional advice & knowledge goes a long way!! - even if we hate to admit it!!

 

OP yes as others have mentioned it can lead to a permanent visa, but dont take it for granted that when your 457 expires (so to speak) you will have PR because you wont, It will take some work (Reading mostly) but it can be done.

[R1ggers]

I'm about to got to oz on a 457 and I have every intention on staying there, lucky for me it's written in my contract that I will be sponsored on my second year.

[blossom]

I'm about to got to oz on a 457 and I have every intention on staying there, lucky for me it's written in my contract that I will be sponsored on my second year.

You are off to a great start, but do not count it as done until it is done. Rules change often, health status can change, and the hoops your employer has to jump through can change. Not to be negative or anything, just be prepared that it might not all work out as easily as you hope.

[Mark Northam]

Hi Chris -

 

+1 to what Blossom79 said - I would not assume anything, especially since it's not actually within an employer's total control to sponsor you (for the employer-sponsored PR 186 and 187 it's referred to as a nomination, rather than a sponsorship like the 457). An employer can certainly agree to submit a nomination, but the final decision is DIAC's (subject to review, appeal, etc as discussed earlier on this thread).

 

I would highly recommend you stay on top of the requirements for the employer sponsored PR visas and don't leave it up to the HR dept at your work - many who handle visa issues for companies internally only know about certain aspects of migration law & regulations, and may not keep up with the latest changes. Also keep in mind that there any number of things that can affect the 2 years you work under the 457 in preparation for employer sponsored PR... for instance, the ANZSCO code for the occupation you are nominated for under the 186 ENS visa must have the same 4 digits as the code you worked under your 457 on for the temporary resident transitional pathway we've been discussing here (2 yrs on 457 -> Employer sponsored PR). You can also run into issues if your employer is an offshore company and your payroll situation is different under the 457 vs under the PR visa. These are the kind of details you don't see much written about on the DIAC website, but which can utterly derail a planned visa application. Best to stay informed (this forum is an excellent place for that!) and be proactive about your planned PR application.

[blossom]

I believe there are requirements for the employer to train their current staff too aren't there? If it is a small company I bet this will scupper some people.

[Joebloggs]

You are off to a great start, but do not count it as done until it is done. Rules change often, health status can change, and the hoops your employer has to jump through can change. Not to be negative or anything, just be prepared that it might not all work out as easily as you hope.

 

very true

 

Happens a lot more often than you think, plus the countless people who start on a 457 and hate their job or boss. Its the real world not some ideology on a website.

[R1ggers]

Thanks guys I will keep on top of it and when the time comes I will be using a registered migration agent, The company my employment with is Coates Hire, they have been great so far and very supportive. Oh and I hope I didn't come across all smug before if so that was not my intention, I was only stating as a lot of people on here have said to be careful about 457s unless you can get PR stated in your contract.

 

Thanks again guys.

[blossom]

Be careful of 457 visas even if you have sponsoring for pr in your contract. If you are eligible, then pr as soon as is always better. Of course not everyone is eligable, and in that case, yes, you have done as much as you can do to line yourself up for hopefully getting pr.

[wrussell]

Let me count the ways:

 

 

Medical condition

Failure of business conditions

Employer does not like the shape of your head

Occupations removed from SOL and/or quota filled

Employer or employer’s representative lying or plain wrong about PR criteria the first place

 

 

It is ill advised to rely entirely on migration advice from an employer or an employer’s representative for a 457 or any other visa. I am frequently consulted by 457 visa holders who regret that they did not review for/sit IELTS and/or obtain (or prepare for) a pre-migration skills assessment, or who discover that the duties of their 457 occupation are not ‘closely related’ to an occupation they can nominate for PR.

 

 

There are other ways of finishing up in that well known creek.

[GeoffreySYD]

the ANZSCO code for the occupation you are nominated for under the 186 ENS visa must have the same 4 digits as the code you worked under your 457 on for the temporary resident transitional pathway we've been discussing here (2 yrs on 457 -> Employer sponsored PR).

I worked for a number of years overseas on duties that match a certain occupation code (261313)

The duties of my current 457 occupation code (261112) don't match my actual job description. Despite this 457 occupation code, my job is the same as my previous overseas experience. (261313)

In my skills assessment, and in the points test if I don't go through the ENS, does it mean that I can't include my Aussie experience, since my 457 occupation code only has the first 3 digits in common?

 

Is the skills assessment based on the occupation code or on the actual job description and performed tasks?

 

I'd like to go through the ENS Direct Entry stream, or in the worst case Skilled Independent, and I'm not sure how I can include this local experience.

 

Thanks!

[wrussell]

I worked for a number of years overseas on duties that match a certain occupation code (261313)

The duties of my current 457 occupation code (261112) don't match my actual job description. Despite this 457 occupation code, my job is the same as my previous overseas experience. (261313)

In my skills assessment, and in the points test if I don't go through the ENS, does it mean that I can't include my Aussie experience, since my 457 occupation code only has the first 3 digits in common?

 

Is the skills assessment based on the occupation code or on the actual job description and performed tasks?

 

I'd like to go through the ENS Direct Entry stream, or in the worst case Skilled Independent, and I'm not sure how I can include this local experience.

 

Thanks!

 

From what you have posted, it looks as if you would probably be OK for points. Whether you would be OK for a PASA would depend on your academic background and the specifics of your work experience.

 

You might want to consult a registered migration agent.

[GeoffreySYD]

Thanks for your answers Westly

 

Just regarding the skills assessment: do the skills assessment authority and DIAC really take the past occupation codes into account to assess the number of years of experience, or rather the actual job description and performed tasks?

 

Cheers