the_whites Posted August 4, 2014 Share Posted August 4, 2014 Can anyone shed some light as to whether there is a pathway from 457 to PR through a Business visa of some sort? The 457 holder has been made a Director of a company within the group and holds a 10% share. Any advice welcome Link to comment Share on other sites More sharing options...
rammygirl Posted August 4, 2014 Share Posted August 4, 2014 Used to be one but not sure it exists now. Have you checked on immi site Link to comment Share on other sites More sharing options...
rammygirl Posted August 4, 2014 Share Posted August 4, 2014 Just looked and it is now via business in ovation pathway. Not the easiest route. Do they not qualify for ENS or RSMS or even a skilled visa, that woul probably be easier. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 4, 2014 Share Posted August 4, 2014 Can anyone shed some light as to whether there is a pathway from 457 to PR through a Business visa of some sort? The 457 holder has been made a Director of a company within the group and holds a 10% share. Any advice welcome Proceed with caution as the title of Director may in itself be seen as a breach of the 457 work restrictions if it is not consistent with the nominated occupation and duties. Not enough information to advise in regards to business visas, but even on the little information provided it would be unlikely. Link to comment Share on other sites More sharing options...
the_whites Posted August 4, 2014 Author Share Posted August 4, 2014 Thanks for your replies. The company is part of the Group that he is working for and he still performs the same role just for both rather than one. He is not paid from the second company but was given a share instead of salary increase. I did not think there would be a work restriction if it was all under the same Umbrella company but I could be (and probably am :eek: ) wrong He is too old for other visas and whilst I have trawled some of the business visas on offer it is not clear whether there is a definite path if he is "part owner" of an existing Australian company. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 4, 2014 Share Posted August 4, 2014 Thanks for your replies. The company is part of the Group that he is working for and he still performs the same role just for both rather than one. He is not paid from the second company but was given a share instead of salary increase. I did not think there would be a work restriction if it was all under the same Umbrella company but I could be (and probably am :eek: ) wrong He is too old for other visas and whilst I have trawled some of the business visas on offer it is not clear whether there is a definite path if he is "part owner" of an existing Australian company. Assuming he is the main visa holder, he is only allowed to work for the company that sponsored him, in the capacity he was sponsored for. I want even get into how weird I find this arrangement with the directorship and unpaid work, but even if he was not in breach of his current visa by doing this, it is not possible to get a visa simply be becoming a director of an organisation. His options for permanent visas are the same a before and I expect include the 186, 187, 189, 190 or 489. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 4, 2014 Share Posted August 4, 2014 Thanks for your replies. The company is part of the Group that he is working for and he still performs the same role just for both rather than one. He is not paid from the second company but was given a share instead of salary increase. I did not think there would be a work restriction if it was all under the same Umbrella company but I could be (and probably am ) wrong He is too old for other visas and whilst I have trawled some of the business visas on offer it is not clear whether there is a definite path if he is "part owner" of an existing Australian company. Having an ownership interest in a business is different to being appointed as a Director. A Director has duties and responsibilities to perform. The fact that someone is not getting paid is irrelevant as to whether they are considered to be doing work for a company. As previously stated, this could be a problem if the duties of a Director are not consistent with the occupation he has been nominated for, or not with the company who sponsored the 457 visa. Business visas are complex and there is a lot more to it than whether someone is a part owner of a business. 10% can qualify if it is a publicly listed company, but there are many more criteria which must be met. Link to comment Share on other sites More sharing options...
Alan Collett Posted August 4, 2014 Share Posted August 4, 2014 As a 457 visa holder there is no additional visa pathway opened up by virtue of having a 10% share holding - the pathway to permanent residency is still likely to be via a subclass 186 visa. There are provisional visas available under subclass 188 (leading to permanent residency under subclass 888 in due course), but with a 10% share holding it is improbable that the 188 visa will be an option, as Raul has said. Best regards. Link to comment Share on other sites More sharing options...
the_whites Posted August 4, 2014 Author Share Posted August 4, 2014 Thanks everyone for your advice. Much appreciated. :notworthy: Link to comment Share on other sites More sharing options...
Guest hoffer Posted August 5, 2014 Share Posted August 5, 2014 So i am in a similar situation. So im on a 457 with a shareholding in a Australian business. Pre shareholding company sponsored my 457 as a "sales and marketing" manager. I am now about to process the PR sponsored visa after 7 months here as "managing director" and due to my salary and role i will not need a skills assesment or have to wait two years Link to comment Share on other sites More sharing options...
Pumpkin Posted August 5, 2014 Share Posted August 5, 2014 So i am in a similar situation. So im on a 457 with a shareholding in a Australian business. Pre shareholding company sponsored my 457 as a "sales and marketing" manager. I am now about to process the PR sponsored visa after 7 months here as "managing director" and due to my salary and role i will not need a skills assesment or have to wait two years Nobody has to wait two years to get a permanent employer sponsored visa, there is a direct entry stream. Link to comment Share on other sites More sharing options...
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