RobbieOZ Posted May 7, 2013 Share Posted May 7, 2013 Hi there, I have a question that I would greatly appreciate any guidance or assistance with concerning the transition from a subclass 457 visa to PR in Australia. I am currently employed in Australia & have been for nearly 24 months now by the same employer on a 457 visa. On broaching the subject of assistance with applying for PR with my employer, they have informed me that they would prefer if I applied directly myself to gain PR in Australia and they also have informed me that they will continue to honour their sponsorship 457 obligation for the final two years of the 457 visa. This has left my family & I in limbo as we really wish to settle permanently in Oz as we have children in school here etc. My question is are there any options open to us to apply for PR now from the subclass 457 visa directly on our own without the assistance of my employer, I'm employed as a Recruitment Consultant in Melbourne. Any information would be greatly appreciated. Thanks Link to comment Share on other sites More sharing options...
blossom Posted May 7, 2013 Share Posted May 7, 2013 Welcome to poms in oz. Is your job on the sol or csol? If so, you would need to pass a skills assessment, and if only on the csol, find a state sponsoring for your job. Did your employer give a reason? That is pretty poor of them. Are you in 'regional' Australia? If so you could always suggest the rsms visa, then you are still tied to the employer for two years, which might be what they are worrying about?? Link to comment Share on other sites More sharing options...
RobbieOZ Posted May 7, 2013 Author Share Posted May 7, 2013 Hi Blossom, many thanks for your kind reply. I'm not sure if my current position is listed on the sol or csol list as I only found out my employers answer late this afternoon. I do know that it's list on the 457 skills list but not sure if its also on the sol/csol listings.. Im Melbourne based and wish to stay in this area due to schooling & my wife is also employed locally. No reason was given except that my employer stated that I still have 2 years to go on my 457 visa which they will continue to honour and that they believe I can apply myself for PR. I also advised them that I will cover any and all cost associated with a Pr application so theres no expense incurred from their end. Needless to say, This decision has left me feeling like they have me over a barrel and that all the hard work and effort I've put in over the past 2 years has been for nothing and I'm totally in limbo now. I tried calling the DIAC but the "customer service person" I spoke to was clueless and simply referred me to the department website. Link to comment Share on other sites More sharing options...
blossom Posted May 7, 2013 Share Posted May 7, 2013 Yes, they are often clueless. Have a look on the csol. It probably will be on there if you got the 457. Then you need to look in the Victorian state sponsorship list and see if your job is there. And if so look at the assessing body listed for your occupation to see what they require to pass the skills assessment. Link to comment Share on other sites More sharing options...
Alan Collett Posted May 7, 2013 Share Posted May 7, 2013 Given that the employer will be relieved of the obligations that attach to 457 business sponsors I'd have thought it is in their interests to help you progress to permanent residency under the ENS (subclass 186). I wrote an article back in 2009 on this subject: http://www.gomatilda.com/news/article.cfm?articleid=596 Although some of the details have been superseded by changes to the legislation the general thrust remains valid: employers reduce their risk as business sponsors by helping employees on 457 visas progress to permanent residency. If you'd like to discuss with my colleague in Australia who looks after our employer sponsored visa clients please feel able to send a PM to me. Best regards. Link to comment Share on other sites More sharing options...
prof moriarty Posted May 8, 2013 Share Posted May 8, 2013 Hi, the others are right, check that your occupation is on the SOL or CSOL lists. If it is not listed on either of these, and is instead on the ENSOL, you would not be able to go for PR without your employer's sponsorship. If your job will run for 2 years or more at the time you apply then you are eligible for PR, and could go for the temporary residence transition scheme (supposedly more straightforward) as you've already been here for 2 years Does your employer sponsor workers (457 or PR) regularly? If not they may be unsure of the procedure. Also it might be worth checking that when theyt say they'd prefer you go go for it on your own, they might actually mean they'd prefer you to meet the costs, not that they won't sign off on relevant forms to nominate you. This was a misunderstanding that recentlyhappened to someone I know, and it was more down to the employer not being knowledgeable about certain terms and worried about who's going to pay. If you've already said to them that you're prepared to pay relevant costs and if they meet the requirements as a sponsoring employer, they've got absolutely nothing to lose by nominating you for PR. They might have qualms about you leaving soon after PR is granted, but they can solve this by agreeing to nominate you on condition that you work for them for X amount of years. Link to comment Share on other sites More sharing options...
blossom Posted May 8, 2013 Share Posted May 8, 2013 Hi, the others are right, check that your occupation is on the SOL or CSOL lists. If it is not listed on either of these, and is instead on the ENSOL, you would not be able to go for PR without your employer's sponsorship. Your info is a bit out of date. The ensol doesn't exist any more. It was replaced by the csol (consolidated sponsored occupations list) from July last year. If a job isn't on there it can't be sponsored for, by state or employer. Link to comment Share on other sites More sharing options...
RobbieOZ Posted May 9, 2013 Author Share Posted May 9, 2013 Hi Blossom79, thanks again for all the excellent advice & I'm checking the csol list as I type, fingers crossed my occupation is on there & both lists! Fingers crossed. Appreciate the help. Link to comment Share on other sites More sharing options...
RobbieOZ Posted May 9, 2013 Author Share Posted May 9, 2013 Hi Alan, Thanks for the link to your article, it made for an interesting & informative read. I'll investigate a bit further & afterward quite possibly with send you a PM for your colleagues details to arrange a further chat. Cheers Link to comment Share on other sites More sharing options...
RobbieOZ Posted May 9, 2013 Author Share Posted May 9, 2013 Hi Prof, thanks for the advice, Im certainly learning & fretting all about the joys of wanting to become a contributing, legal & law abide resident of Oz. My employer doesn't regularly sponsor on a 457 & I think you're correct about their understanding of the parameters concerning the transition, hence my need for knowledge. Further advice welcome. cheers Link to comment Share on other sites More sharing options...
Rupert Posted June 28, 2013 Share Posted June 28, 2013 My situation is so similar to yours - I'm sponsored under recruitment cons in Melbourne - have been with my employer for THREE years but still they won't support me for PR, becuase of their 'policy' - they require 2 x 2 year 457s - regardless of my hard work and pleading that immihration changes concern me. And I work for a disability charity.... Have you thought about skilled migration? Link to comment Share on other sites More sharing options...
Guest Guest70948 Posted July 11, 2013 Share Posted July 11, 2013 My skill is not on the SOL or migrations plan for Vic, or anywhere except WA actually. I'm waiting until I've lived with my partner for 12 months & most likely going down that route. So frustrating! Link to comment Share on other sites More sharing options...
lebourvellec Posted July 11, 2013 Share Posted July 11, 2013 My skill is not on the SOL or migrations plan for Vic, or anywhere except WA actually. I'm waiting until I've lived with my partner for 12 months & most likely going down that route. So frustrating! Can you not register your relationship in Vic, will waiver the 12 month requirement so can apply earlier if you have the other information proving the relationship is genuine and continuing. Vic can offer off list sponsorship to some occupations not sure if that could be an option? Link to comment Share on other sites More sharing options...
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