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where to start for PR visa?


jkm10

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Hi, I'm a nurse currently working in oz for nearly 6months, and worked for 2years in UK before coming to oz.

I posted another thread on this site yesterday about my current situation, basically I am a bit scared that I may loose my job, I am on a sponsorship visa (457) so if I loose my job, I have to apply for a new visa or find a new sponsor or leave Australia within 90days. I am really hoping the worst doesn't happen and I don't loose my job, but the situation has given me a scare, and I no longer feel secure with my current visa. I am out here alone, I don't have a partner to rely on if I loose my job.

I have read up a bit on PR visas, and think I would choose 189 - independent, I would prefer this rather than being sponsored by a state and having to stay in that state.

I want to apply for a PR visa even if nothing happens and I don't loose my job. But I don't really have a clue where to start. I think I would prefer to do it alone without the help of a migration agent, I did my sponsorship visa by myself.

So, I know I will need an anmac assessment, and I will need Ilets in order to score @ least 60points for the visa. Is there anything else I would have to do?

My question is where do I start, I was nearly applying for an anmac assessment before when I read information which told me immigration have to request this once I've applied for the visa, is that correct? So, I need ilets, do I do this before I lodge visa application, can this be done at the same time, or do I wait for someone from immigration to request this?

I needed a medical exam when I came on 457 visa, I only had my medical less than a year ago, so do I have to get another one for the new visa or does the old medical still count? I had my medical done in UK, if that makes any difference?

Final question, I have to lodge expression of interest is this right? and then I will hopefully be contacted to lodge my visa application? how long does it take from lodging expression of interest to being able to apply for PR visa? I'm thinking, if I do loose my 457 visa, is it possible to lodge an application within 90days for PR visa, if so I could get a bridging visa when my 457 runs out until I get PR visa, but I would have to apply for the PR visa in order to be entitled to a bridging visa. I guess if its going to take longer than 90days after lodging e.o.i before I can apply for visa, I'm going to have to go home coz ill be here illegally.

sorry one last question, I read it is taking @ least 12months for PR visa processing, if I did manage to lodge an application, would a bridging visa last that long? I read it is valid til you get new visa, but would it last 12months if that is the waiting time for a visa? and also would I be able to still work as a nurse on bridging visa?

hope people can help, reading this back I sound as if I know what I'm talking about but believe me I don't have a clue lol!I need all the help I can get.

thanks jess :-)

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You can't submit an EOI for a 189 unless you already have a positive skills assessment from ANMAC and IELTS or OET (OET is OK instead of IELTS because you're a nurse) results to support whatever points you are claiming on the points test.

 

When you have received an invitation and lodge an onshore application (a visa application, not just an EOI) for a 189 visa, you will be granted a Bridging visa that will take effect only when your 457 expires if a decision hasn't been made on your 189 application at that time - the BV will carry the same work rights as your 457 but without the obligation to stay with that employer. The lodgement of a 189 application will not affect your 457 regardless of how long it takes for a decision - there's no time limit for that kind of BV. While your 457 is current, you must continue to observe all 457 visa conditions and obligations. On the subject of processing time however, the vast majority of 189s are being granted in well under 12 months regardless of what DIBP's processing time standards say.

 

Not sure if the 457 and 189 medicals are the same but they're only valid for 12 months so even if the one you had for the 457 would otherwise be acceptable, chances are it will have expired before your 189 is granted. your CO will advise if another one is needed.

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The medical 'might' be valid for the new visa, as being a nurse I'm guessing you had to have all the blood tests done? However, they only last a year and they need them to be current at the point a decision is made on your visa so you will probably have to redo them anyway.

 

The bridging visa which is granted automatically is bridging visa A. If your 457 is cancelled rather than expiring then the bridging visa is cancelled too. You can get bridging visa E then, but you can't work (although if you can prove hardship you can apply to work) and you can't leave the country.

 

Good luck.

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thanks blossom, is there any information anywhere on what they class as being in hardship? the savings I have would not last very long before I need to work. I have an apartment which I have signed a lease on until august, so I would need to work to pay my rent and even if I did move somewhere cheaper I would have to pay the remaining rent on this place. that's sounds like hardship to me lol. thnx

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I wanted to clarify something, if I do have my 457 visa cancelled, I have 90days left to find a new sponsor. I am travelling home in march for 2weeks, would I still be able to travel, coz I guess technically I still have my visa valid for 3months, I would be home and back in oz before it expired. or are there restrictions on that?

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I've heard on another forum that if you lose your sponsor for your 457, DIBP can cancel your visa but will consider the fact that you have a PR visa processing and may take this into account. So it's possible they wouldn't cancel your 457 but you'd need to have lodged your 189 application before the 90 days is up. I'd also suggest that if you reach this point, you may want to speak with a migration agent to at least get their guidance regarding this aspect.

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I wanted to clarify something, if I do have my 457 visa cancelled, I have 90days left to find a new sponsor. I am travelling home in march for 2weeks, would I still be able to travel, coz I guess technically I still have my visa valid for 3months, I would be home and back in oz before it expired. or are there restrictions on that?

 

You would still be able to travel on the 457 visa because the 457 visa would still be in effect (it is not cancelled during the 90 days). However, if you were arriving back in to Australia close to the expiration of the 90 days, and if you had not already lodged the 189 visa application while onshore in Australia, then on arrival back in Australia close to the expiration of the 90 days, immigration may be concerned that you intend to stay on unlawfully in Australia, past the 90 days, and might ask for proof of onward flight before the expiry date of your visa.

 

If you were to lose your current job, and also be travelling out of Australia in March, you may have other visa options for returning to Australia with work rights. Your situation is not straight forward. I think you are wise to be looking to safeguard your status in Australia with a PR application, but I would strongly recommend using a registered migration agent to assist you.

Edited by Killara
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Can you not et your employer to sponsor you for PR. I am also a nurse on a 457 visa in Sydney, and I only have to work for my employer for 3 months before they consider PR, they put nomination in in November after I had worked for them for 10 months, for 186 visa, just trying to sort out application, it depends on what stream for 186 whether you need IELTS and skills assessment. I am being sponsored under agreement stream so don't need either. Good luck!

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