Apply for permanent residency

[dejani]

Hi.

 

My father is 62 years old and he will get a 457 visa within a month.

What is the best way for him to apply for a permanent residency visa?

 

I will also get a 457 visa but my age is 34. Is there any age limit for my father and if yes what is the best way for us to get the permanent residency? :unsure:

[louisella]

For you, it would be worth seeing if you're elegible to apply for a permanent visa from the start with your occupation. (I can't remember if IT Project Manager is in the SOL / CSOL list but if you check the Immi site you'll be able to see on there) I don't know about your father I'm afraid (although am surprised he is being offered a 457 at his age)

To be honest though, if you are going down the 457 route, you need to sort your job out first to see if you can even get a visa as your other post advises you're job hunting (so I'm not sure how you know for definite that you will get a 457?)

[scattley]

Unfortunately the upper age limit is 50 for someone to transition from a 457 to perm visa....your father is now simply too old to ever qualify for a perm visa.

[Ozmaniac]

The age limit for permanent skilled immigration visas is 49 (you can't have turned 50) unless you are eligible for an age exemption. It is only possible to get an age exemption if you:

 

 

 

• are nominated as a senior academic by a university in Australia
  
• are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency
  
• are nominated as a minister of religion by a religious institution
  
• are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 457 visa or a Subclass 422 visa for at least four years immediately before applying, and the nominated position is located in regional Australia
  
• are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 422 visa before becoming the holder of a Subclass 457 visa for two years in the four years immediately before applying, and the nominated position is in regional Australia
  
• are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen’s family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application
  
• are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High Income Threshold in each of the four years - the current is $129,300 per annum
  
• are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed.
  

 

 

If your father doesn't qualify for an age exemption on any of the above grounds, he can never get a permanent skilled immigration visa. If he passes the Balance of Family test, perhaps you can sponsor him for a Parent visa after you get PR.

[dejani]

I can write you a PM.

 

 

For you, it would be worth seeing if you're elegible to apply for a permanent visa from the start with your occupation. (I can't remember if IT Project Manager is in the SOL / CSOL list but if you check the Immi site you'll be able to see on there) I don't know about your father I'm afraid (although am surprised he is being offered a 457 at his age)

To be honest though, if you are going down the 457 route, you need to sort your job out first to see if you can even get a visa as your other post advises you're job hunting (so I'm not sure how you know for definite that you will get a 457?)

[louisella]

I can write you a PM.

Sure no worries

[dejani]

How will it work with parent visa? What is the test based on?

 

The age limit for permanent skilled immigration visas is 49 (you can't have turned 50) unless you are eligible for an age exemption. It is only possible to get an age exemption if you:

 

 

 

• are nominated as a senior academic by a university in Australia
  
• are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency
  
• are nominated as a minister of religion by a religious institution
  
• are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 457 visa or a Subclass 422 visa for at least four years immediately before applying, and the nominated position is located in regional Australia
  
• are a medical practitioner who has been working for your nominating employer as the holder of a Subclass 422 visa before becoming the holder of a Subclass 457 visa for two years in the four years immediately before applying, and the nominated position is in regional Australia
  
• are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen’s family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application
  
• are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High Income Threshold in each of the four years - the current is $129,300 per annum
  
• are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed.
  

 

 

If your father doesn't qualify for an age exemption on any of the above grounds, he can never get a permanent skilled immigration visa. If he passes the Balance of Family test, perhaps you can sponsor him for a Parent visa after you get PR.

[louisella]

Personally from the info here and your PM, I'd still check first to see whether you are able eligible for a permanent visa instead of a 457, the 457 is riskier. If you definitely want to go down the 457 route, your first steps are to secure that before looking into PR, without meaning to sound harsh but I think you're trying to run before you can walk

 

You can find the criteria for the parent visa here

 

https://www.immi.gov.au/migrants/family/family-visas-parent.htm

 

If you're unsure about what is the best path to take, have you spoken to any MARA registered agents as some may offer a free consultation (some post on here also)? If you do a search on this forum you'll find some that people recommend

 

hope this helps

[scattley]

Parent visa can only be after you have had 2 years as PR and he, your father, has no other relatives living outside Australia...but that visa has a 16 year wait to be processed...you can pay a huge fee (around 40k) to reduce it but it's still a long wait.

[Rupert]

Parent visa can only be after you have had 2 years as PR and he, your father, has no other relatives living outside Australia...but that visa has a 16 year wait to be processed...you can pay a huge fee (around 40k) to reduce it but it's still a long wait.

 

I think you are mixing up parent visa and last remaining relative visa. There is no requirement for the father to have no other relatives outside Australia, he would just need to pass the balance of family test.

[dejani]

If family balance test is about how many children are living in Oz and have PR then it is only me. So my father & mother would pass the test. Right?

And do you Rupert mean that the waiting time is less if we take this road? I mean Parent visa road.

 

I think you are mixing up parent visa and last remaining relative visa. There is no requirement for the father to have no other relatives outside Australia, he would just need to pass the balance of family test.

[MaggieMay24]

If family balance test is about how many children are living in Oz and have PR then it is only me. So my father & mother would pass the test. Right?

And do you Rupert mean that the waiting time is less if we take this road? I mean Parent visa road.

 

I think you'd be wise to first concentrate on getting your own visa first before looking into sponsoring a parent visa. By the time you may become eligible to sponsor, the parent visas may have changed several times and eligibility may be quite different than it is currently.

[Rupert]

If family balance test is about how many children are living in Oz and have PR then it is only me. So my father & mother would pass the test. Right?

And do you Rupert mean that the waiting time is less if we take this road? I mean Parent visa road.

 

If you are the only child, then yes the balance of family test is passed. I made no comment on waiting times at all, not sure where you are seeing that. I was just correcting the earlier post that said they were not allowed *any* relatives outside Australia.

[dejani]

Yes you are right sorry. Well since both me and my father will have 457 visa I guess that we might have several options. And that we have to see once we arrive in Oz.

Do you thing a lawyer might help out or is this just waste of money? I know that in US a good lawyer can get you a greencard easy but they cost.

 

If you are the only child, then yes the balance of family test is passed. I made no comment on waiting times at all, not sure where you are seeing that. I was just correcting the earlier post that said they were not allowed *any* relatives outside Australia.

[Rupert]

Yes you are right sorry. Well since both me and my father will have 457 visa I guess that we might have several options. And that we have to see once we arrive in Oz.

Do you thing a lawyer might help out or is this just waste of money? I know that in US a good lawyer can get you a greencard easy but they cost.

 

I think you are getting ahead of yourself, you can't sponsor your father whilst you are on a 457 anyway. You would need to get a permanent visa first.

[dejani]

Yes that is what I mean.

Both me and my dad have 457 visa. For different jobs.

After two years I will apply for permanent residency. But my dad can't. So when I get my PR then I will sponsor him.

Does this sound better?

 

I think you are getting ahead of yourself, you can't sponsor your father whilst you are on a 457 anyway. You would need to get a permanent visa first.

[Quoll]

Remember that there is no guarantee that you will get PR after 2 years either! You may find that you have to return at the end of your contract.

[dejani]

What might be the reason for that? If I have a job and good annual income. And have done everything right and never broke the law.

Of course I'm aware of it. But would like to know if you have an own experience or if you might know some cases.

 

Remember that there is no guarantee that you will get PR after 2 years either! You may find that you have to return at the end of your contract.

[louisella]

I think for your own sanity you really would benefit from taking this one step at a time - if 457 is the route you opt for, get your employment sorted (you may find that a bigger hurdle than you think so it would be beneficial getting that sorted before worrying about anything else as it could all be a moot point), make the move, start with the company, take time to settle in...then start looking at PR options. You're worrying about things whose criteria could well change by the time you're eligible to apply

[Ozmaniac]

What might be the reason for that? If I have a job and good annual income. And have done everything right and never broke the law.

Of course I'm aware of it. But would like to know if you have an own experience or if you might know some cases.

 

You don't get PR automatically after 2 years in Australia on a 457. Your employer will have to sponsor you for a permanent employer sponsored visa and on this forum, you'll find dozens of examples of employers not being willing (or in some cases, able) to do that when the time comes, even though they had previously agreed to do so. If your employer doesn't sponsor you for a permanent visa after 2 years on your 457, then you're back to square one. The only way you will get PR then is either 2 years on a 457 with another employer and hope that that one doesn't let you down when it comes to sponsorship for a permanent visa, find employer sponsorship for a Direct Entry 186 or 187 visa or apply for a permanent points tested visa without employer sponsorship. If you can get Direct Entry sponsorship and meet the requirements for a 186 or 187 or if you can meet the requirements for a points tested visa, you would be much better off going for that NOW without spending (and potentially wasting) 2 years on a 457.

[Joebloggs]

What might be the reason for that? If I have a job and good annual income.

 

Means nothing, on a 457 you are just a guest worker .....it doesn't make you a guaranteed emigrant.

 

Plenty of people have fallen into that trap.

 

But would like to know if you have an own experience or if you might know some cases.

 

Plenty of cases on here of 457 epic fail!!!

[VERYSTORMY]

I dont think you understand the process. There is no automatic move from a 457 to PR. The purpose of a 457 is to bring in a worker for a temporary spell and the worker at the end goes home.

 

In order to gain PR you have to qualify for it. The only thing that happens by staying with an employer for 2 years on a 457 does is to remove the need for a skills assessment. However, a lot can happen to the skills lists in that time and the occupation may be removed or restricted. A number of my friends in my proffession have recently fallen foul of this.

 

There are a number of hurdles then. If you want to go through company sponsored PR, the company has to be eligible and not all are. Company policies can change - my own company did recently as we used to sponsor and have now taken a decision we wont any more.

 

If you come on a 457, you need to come understanding this is a temporary visa and the likelyhood is you will be going home at the end of it. Some people do gain PR after arriving on a 457 and i am one, but many do not

[Rupert]

What might be the reason for that? If I have a job and good annual income. And have done everything right and never broke the law.

Of course I'm aware of it. But would like to know if you have an own experience or if you might know some cases.

 

Good job and income and never having broken the law are not the requirements for a permanent visa. To get a permanent visa, you need to identify a visa that you qualify for and go through the application process. There are all kinds of reasons why you might not get one; you might not have a willing sponsor, your occupation might come off the lists, you might not meet the points test are some examples.

 

Perhaps you should look into getting a PR visa now? Then you leave less to chance later and you would be able to sponsor your father for a parent visa soonr.

[MaggieMay24]

Yes that is what I mean.

Both me and my dad have 457 visa. For different jobs.

After two years I will apply for permanent residency. But my dad can't. So when I get my PR then I will sponsor him.

Does this sound better?

 

A week ago you were actively looking for a job in QLD and wanted to bring your parents here to babysit your child - now you and your father both have a 457 visa? Your facts seem to vary depending on the thread. If you can give specific facts of what your current status is (not what you plan or hope it will be in the near or not so near future), people can better give you suggested steps you can look into

[blossom]

It is rare for people to get 457 visas while not in oz. Do you both actually have willing employers lined up?

For you I would be insisting on them applying for pr after six months of you proving yourself. That will take at least six months. So a year here and you could have pr. Then you have to wait two years before you can apply to sponsor your parents. That can take YEARS depending on how much you can afford to pay.

 

If in this time one of your parents gets ill then they may have no chance of getting pr. This is the most likely thing which could go wrong at your fathers age. Of course, the same can apply to one of your family before you apply for pr, meaning you don't get to stay.