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457 to 189 Visa


Solum

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Hi everyone,

 

I hope you're well.

 

I arrived in Australia exactly 4 weeks ago on a 457 visa. Understanding that my current employer might not apply for my PR in two years time, I am looking into the 189 Visa.

 

Do you guys know if I may apply for the 189 visa (well, the EOI right now), even being here for only 1 month? My skills are on the skills list and I have the points for it.

 

Also, by getting the 189 visa I will be able to apply by myself for the Australian residency in two years time, is that correct?

 

And one last question: processing time for 189 visa is 12 months. Assuming I apply today and get the visa in 12 months, I would be in Australia for 13 months. Would I be able to apply for the residency in 11 months after getting the 189 visa (2 years in total), or by getting the 189 visa my residency period application "resets" and I have to start from month 1?

 

Thanks!

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Yes, you can apply for the 189 now. The 189 can be applied for from overseas so having only a month in Australia is irrelevant.

 

I'm not sure what you mean by Australian residency. You have residency (albeit temporary residency) on your 457. If you get the 189 you will then have permanent residency from the date of the visa grant.

 

Do you mean citizenship? If so, that's different. You need to be resident in Australia the 4 years immediately preceding your application, with at least one year as a permanent resident. There are also some stipulations on how much time you can spend outside Australia during those periods.

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Yes, you can apply for the 189 now. The 189 can be applied for from overseas so having only a month in Australia is irrelevant.

 

I'm not sure what you mean by Australian residency. You have residency (albeit temporary residency) on your 457. If you get the 189 you will then have permanent residency from the date of the visa grant.

 

Do you mean citizenship? If so, that's different. You need to be resident in Australia the 4 years immediately preceding your application, with at least one year as a permanent resident. There are also some stipulations on how much time you can spend outside Australia during those periods.

 

Hi Maggie,

 

Thanks for your answer.

 

Yeah, sorry. I didnt write correctly. While on a 457 visa, I can only apply for the Permanent Residency after 2 years, correct?

So by having the 189 visa, means I automatically have the Permanent Residency?

 

And then, after having the PR and being in the country for 4 years, I can apply for the citizenship?

 

Thanks

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If you're on the skills list and have the necessary points, IELTS (if applicable) and a positive skills assessment, you can register an EOI for a 189 whenever you want - onshore or offshore.

 

With regard to the two years, I think you're getting confused. On a 457, an employer can sponsor you for permanent residency after two years of work. Whereas a 189 visa is a permanent residency visa, so you would have that status as soon as it is granted.

 

After living in Australia as a permanent resident for four years, you can apply for citizenship. That might be what you're thinking about.

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So by having the 189 visa, means I automatically have the Permanent Residency?

 

And then, after having the PR and being in the country for 4 years, I can apply for the citizenship?

 

Thanks

 

Correct - 189 is immediately permanent residency

 

Correct - citizenship can be applied for after 4 years residency as long as at least one year is PR. So your time on the 457 counts towards this 4 years.

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