457 Visa

[Big G]

Hi

 

I looked through some of the older posts and couldn't find anything on this.

 

I've been offered a job in NSW where the employer is arranging the 457 visa for myself and family.

I know that I cant apply for permanent residency until I have 2 years work under my belt, however, I just wondered is there anything else we could do to try and cover us if I something happened to my job within that first couple of years?

 

Such as, can my wife apply for a job (once we get there) that comes with a 457?

I've also heard conflicting info where some people say that if the something happens then we have 28 days to find work that comes with a visa, however, I've also read that its not 28 days but actually 90 days.

Could someone clarify this?

 

Thanks again

G

[dxboz]

Hi there your wife should be able to work and it is definitely 90 days now to find another job if you lose yours.

[Rupert]

Hi

 

I looked through some of the older posts and couldn't find anything on this.

 

I've been offered a job in NSW where the employer is arranging the 457 visa for myself and family.

I know that I cant apply for permanent residency until I have 2 years work under my belt, however, I just wondered is there anything else we could do to try and cover us if I something happened to my job within that first couple of years?

 

Such as, can my wife apply for a job (once we get there) that comes with a 457?

I've also heard conflicting info where some people say that if the something happens then we have 28 days to find work that comes with a visa, however, I've also read that its not 28 days but actually 90 days.

Could someone clarify this?

 

Thanks again

G

 

It is perfectly possible to get a permanent visa without working for an employer for two years. If you prefer that extra security then look into permanent visas. Many of us get a permanent visa before even stepping foot in Australia, never mind working there for two years.

[Adam Grey]

There is a pathway that involves working on a 457 visa for 2 years first, but there's plenty of other immediate PR options that may be available to you right now. Your wife's 457 will be dependant on yours and if you ceased employment for any reason the time limit to find a new sponsor or apply for another visa is now 90 days.

 

All the best,

[Big G]

Hi dxboz / Rupert / Adam

 

Many thanks for the replies.

I feel a bit more reassured that its 90 days and not 28 etc. However, it would still be a real problem if it happened but at least you'd get an extra couple of months to sort something out which is good.

Also, regarding the PR, I spoke to an immigration agent and they said that I wouldn't be able to apply for PR due to lack of formal qualifications. She said that the only way would be to go down the 457 route and then get 2 years under your belt then apply for it.

My new (potential) employer is bringing an agent in to arrange all of this so hopefully i'll be able to speak to them and get better advice than the people I spoke to.

If I could get PR before going or during the first few months I would definitely go for this even if we had to contribute towards it as it'll be far safer.

 

I'll keep you posted on what happens

Thanks again

G

[Rupert]

Hi dxboz / Rupert / Adam

 

Many thanks for the replies.

I feel a bit more reassured that its 90 days and not 28 etc. However, it would still be a real problem if it happened but at least you'd get an extra couple of months to sort something out which is good.

Also, regarding the PR, I spoke to an immigration agent and they said that I wouldn't be able to apply for PR due to lack of formal qualifications. She said that the only way would be to go down the 457 route and then get 2 years under your belt then apply for it.

My new (potential) employer is bringing an agent in to arrange all of this so hopefully i'll be able to speak to them and get better advice than the people I spoke to.

If I could get PR before going or during the first few months I would definitely go for this even if we had to contribute towards it as it'll be far safer.

 

I'll keep you posted on what happens

Thanks again

G

 

What occupation would you apply under? Do you have any qualifications?

 

Something you need to factor in is that even after two years there is no automatic pathway to a PR visa.

[Big G]

Industrial / Technical Sales

Its on the list, however, I cant recall the job number.

You require a degree (which I don't have).

 

That's my biggest concern and why I'd like to speak to this agent they're paying to arrange everything. The last thing I want is to move over there and then never have a chance at PR anyway.

If I don't have a decent chance then I wont be going in the first place.

[Rupert]

Industrial / Technical Sales

Its on the list, however, I cant recall the job number.

You require a degree (which I don't have).

 

That's my biggest concern and why I'd like to speak to this agent they're paying to arrange everything. The last thing I want is to move over there and then never have a chance at PR anyway.

If I don't have a decent chance then I wont be going in the first place.

 

It doesn't matter who you speak to, you would need a crystal ball for this one. As you cannot pass your skills assessment, you would need to apply for PR through the transition stream and this relies upon your employer being wiling to sponsor you. You could have it built into contracts, but if they don't want to sponsor or are unable to sponsor for any reason, you can't force it. There will definitely be a leap of faith here.

[Big G]

Hi Rupert

 

This is basically what the last agent said.

I quote "its all very well having loads of experience and your skills being in demand with this new employer, however, the drawback is that you don't possess the correct qualifications".

They said that this is the only route that I can go down, i.e. waiting / working for 2 years and then applying.

 

My employer has stated that they are willing to do this (assist with putting me through the PR etc).

[Rupert]

The employer saying they are willing to do this is certainly a good start. But in corporate life things change, bosses move and maybe the next one won't be willing, or maybe the company just experiences a downturn. Or they just don't like you, it happens...

 

So really I am just advising that you need to know this is not a guaranteed route and there is an element of risk attached. It is not my place to say if you should or should not take that risk, but please do just be aware of it.

[Big G]

I agree and all of the above has crossed my mind.

To be honest, it is a risk and a big one at that, just currently weighing it all up.

 

The employer all seems above board and this is actually the 2nd job they've offered so I know I'm demand (without sounding big headed), but as you say, it could all go pear shaped overnight if theres a change of management or the face doesn't fit.

At this moment in time I would say that I (we) are 50/50 about the move.

I'm set to hear from them tomorrow morning so i'll see what they say and then give it some more thought.

[Incata]

Is your wife able to apply for PR as the principal applicant?

[Big G]

I incata

 

Im not sure, will have to look into that.

G

[Rupert]

Just a long shot but might be worth looking into a 187 RSMS visa. This is an employer sponsored permanent visa and does not always require a skills assessment, I don't think it would require one in your case. I was just reading about it and apparently you have to demonstrate that you have the necessary skills as deemed by ANZSCO, but then when I went to ANZSCO it stated that five years of experience can substitute for qualification.

 

 

if your occupation is not on the relevant legislative instrument, you must demonstrate that you have the qualifications listed in ANZSCO as necessary to perform the tasks of your occupation

 

As I say, a long shot, but worth running to ground maybe, even if it comes to nothing. In your shoes I would prefer to think the employer is pursuing the PR from the start rather than having to wait for two years first.

[Big G]

Hi Rupert

 

Many thanks (once again) for your post, much appreciated.

I will look into to that, and will mention to the new employer when they contact me.

 

I'll let you know how I get on.

Cheers

G

[Rupert]

Hi Rupert

 

Many thanks (once again) for your post, much appreciated.

I will look into to that, and will mention to the new employer when they contact me.

 

I'll let you know how I get on.

Cheers

G

 

Yes but as I say, remember that the new employer has different objectives to you...

[Joebloggs]

Hi Rupert

 

This is basically what the last agent said.

I quote "its all very well having loads of experience and your skills being in demand with this new employer, however, the drawback is that you don't possess the correct qualifications".

They said that this is the only route that I can go down, i.e. waiting / working for 2 years and then applying.

 

My employer has stated that they are willing to do this (assist with putting me through the PR etc).

 

Your agent is quite correct, to achieve PR you are reliant on your employer to provide that since you have no qualifications and cannot obtain a skills assessment.

 

Unfortunately this is the downside of the 457 visa, sometimes people are taken advantage of because they believe the End Justifies the means so you have to be careful. I am not saying this is the case for your employer as it works out for some.... but like I said you should be careful all the same.

 

Plan to fail.... that way you wont be too disappointed. If it all works out with PR think of it as a bonus.

[Big G]

Hi Joe

 

Thanks for the reply.

I never heard from the new employer today, so hopefully Ill hear from them tomorrow, I'll raise the comment about PR (187) when I talk to them.

im going to mention the risk to us if we go down the 457 route and see If they'll look into the PR straight away.

It would be better all round.

G

[Tickled Pink]

Are you paying the cost of the visa? if you are this may be ok - but if the employer is paying there is a huge cost difference between the 457 and the 187, this may put them off being prepared to pay for it straight away without having tried and tested you so to speak.

[Rupert]

Hi Joe

 

Thanks for the reply.

I never heard from the new employer today, so hopefully Ill hear from them tomorrow, I'll raise the comment about PR (187) when I talk to them.

im going to mention the risk to us if we go down the 457 route and see If they'll look into the PR straight away.

It would be better all round.

G

 

 

I know I am going to sound repetitive, but you keep saying you will talk to your employer about this. I think you should look into this independently of your employer, your employer will want the quickest and easiest route, that means a 457 not a 187 for your employer.

 

The 187 would benefit you but not them in particular, so you obviously need to discuss this with your employer, but I would do my research first, establish if it is an option (it might not be) and then present your case and know you cannot be fobbed off.

[Big G]

Hi

 

No, the new employer is picking up the costs of the visa etc.

As part of the package they have "allowed" for $10-15k to cover the visa etc. I don't know how much each visa costs, but surely this would be covered by the figure that they've allowed.

 

I'll look into the 187 today again and get my facts ready for when they contact me.

[Adam Grey]

Hi

 

No, the new employer is picking up the costs of the visa etc.

As part of the package they have "allowed" for $10-15k to cover the visa etc. I don't know how much each visa costs, but surely this would be covered by the figure that they've allowed.

 

I'll look into the 187 today again and get my facts ready for when they contact me.

 

Nice employer! Yes that figure would more than cover everything.

 

Without wanting to complicate matters, I noticed that the employer is in NSW, please be aware that the RSMS is for a position in a regional area which would exclude Sydney, Newcastle and Wollongong. It's also a longer process so may not be suitable if the employer wishes you to start sooner rather than later. Strictly speaking the DIBP can also look to cancel the visa if you left the employer within two years, so you're still somewhat obligated towards the employer.

 

If eligible and suitable I would still consider it preferential to waiting 2 years on the 457 visa though.

[Big G]

Hi Adam

 

Yeah, that's what I thought when they gave me a breakdown of my package and the costs of bringing me over etc.

The actual area is Tuggerah, so I need to check if that's excluded etc.

I'll look into it more today and see what happens.

Thanks

[Rupert]

Nice employer! Yes that figure would more than cover everything.

 

Without wanting to complicate matters, I noticed that the employer is in NSW, please be aware that the RSMS is for a position in a regional area which would exclude Sydney, Newcastle and Wollongong. It's also a longer process so may not be suitable if the employer wishes you to start sooner rather than later. Strictly speaking the DIBP can also look to cancel the visa if you left the employer within two years, so you're still somewhat obligated towards the employer.

 

If eligible and suitable I would still consider it preferential to waiting 2 years on the 457 visa though.

 

I saw from another thread that OP is looking at a regional area. Otherwise I would not have mentioned it.

 

:biggrin:

[DuffieldDownunder]

I was n the same position as you 2.6 years ago. I was 44, a year less than the cut off date, It was a very scary call to move out of my posh 2 storey house in Macclesfield to live in a mates back room in Wanneroo. I made it work. But boy was it a stressful 2 years.... and there is more to pay then when you go to a 186....