Becoming PR via my partners 457

[allyd2001]

Hello

My husband has a 457, we want to apply for PR (permanent residency) in August 2014 as will have been in Australia for 2 years. We have both been working since we arrived in 2012. He doesn't want to apply through his work as it will mean we will be regional sponsored and we want to allow for the freedom to go elsewhere if we want to.

 

I know my workplace sponsors people as they are a University but I am unsure whether I am legally allowed to?

 

My questions:

Are we allowed to apply for PR through my place, for ENS, even though I am the secondary person on the 457?

Can we apply for the independent skilled while on a 457? (this will release us from both work commitments, even though I actually really love my job).

 

any guidance would be much appreciated.

 

thanks

 

Allison

[Ozmaniac]

If you want to be able to apply for a permanent 186 or 187 visa via the Temporary Residence Transition stream, only the primary 457 visa holder (i.e. your husband) can do so.

 

If either of you can meet the requirements for a permanent visa application via the Direct Entry stream and has an employer who is willing and eligible to sponsor them, that person can apply but you could have done that at any time without working for 2 years on a 457. The' 2 years on a 457 first' only applies for an application via the Temporary Residence Transition stream with it's reduced requirements e.g. no skills assessment.

 

If either of you has an occupation on the SOL, a positive skills assessment and at least 60 points, you can submit an EOI at any time for a 189 Independent visa and apply for the visa after you receive an invitation to do so. Your husband would have to stay with his 457 employer until the 189 is granted but would then be free to leave and work anywhere for any employer.

[allyd2001]

Thank you so much for your response!

 

We are both on the SOL. That's good to know we actually have options. we feel like we are doing 'time' and hadn't realised we could have done the direct entry.

[allyd2001]

If my husband was granted the RSMS visa, are we only ever allowed to work regional for the rest of our lives?

 

What would happen if I get a job in a non regional area e.g. a city and had to relocate? Would this be allowed or would our visa be revoked and we have to leave Australia?

[Linda Irvine]

My husband was granted the RSMS visa in 2010, as part of it he had to be sponsored by an employer in a regional area for 2 years. After working for the employer for 2 years, we are now free to move and work wherever we like in Australia (although he is still there 4 years later!). Not sure if the rules have changed since 2010 though.

[blossom]

Yep, rsms visa you are tied to the employer for two years (and the visa can be cancelled if you leave early). After that time you can go anywhere.

[Ozmaniac]

If my husband was granted the RSMS visa, are we only ever allowed to work regional for the rest of our lives?

 

What would happen if I get a job in a non regional area e.g. a city and had to relocate? Would this be allowed or would our visa be revoked and we have to leave Australia?

 

You only need to stay in a regional area with that employer for 2 years - after that, he's completely free to work for anyone in any location. There are several threads on PIO about people with RSMS visas who haven't stayed with the employer for the 2 years and it seems that there's a certain amount of flexibility in some circumstances. Do some searching on PIO.

 

Are you aware though that if the work is in a regional area, you don't necessarily need to be sponsored for an RSMS visa from a 457 and can in fact be sponsored for a 186 ENS if you meet the slightly higher requirements for that visa? If the 457 employer is willing to sponsor him for a 186, it will carry no employer or location restrictions.