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457 to permanent residency......advice required.


mattress

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Hi all.

 

I'm just looking for some advice regarding my family's current situation and our desire to get permanent residency. Here's a brief outline of where we are currently...

 

We came to Brisbane in February this year - me, my wife and our two daughters, one of which is now 21 years old but is financially dependent on us. She is currently undertaking some online courses (full time study) and intends to go to TAFE or university early next year (depending on course costs!).

 

I'm on a 457 visa which should be converted to PR after two years with my employer - they've sponsored colleagues and there hopefully shouldn't be an issue with me.....hopefully!

 

So, while everything is fairly rosy and all I need to do is another 17 months with my current employer before the process of 457 to PR conversion can take place, I really wouldn't mind pursuing residency under my own steam. I have no intention of leaving my employer or even changing where we live.....it's simply for reasons of security, cheaper university fees (sorry!) and allow the daughter the freedoms that someone of here age should experience (work, travel, etc.) without the fear of being classed as a non-dependent and losing her right to be included on my PR application.

 

I was hoping for some direction on what path to take. I'm fairly confident that my employer will guarantee my job for the next three years (I've got more than that remaining on my 457) although they may not contribute to the costs of a conversion. Is the skills assessment route the only way to go or are there other routes......or should I just sit tight until my two years are up?

 

Many thanks in advance for any advice offered :smile:

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Te skilled independent visa would be your best option. Is your occupation on the sol list? To do it independently it needs to be. If it is only on the csol then you need to check if qld are sponsoring your occupation.

 

On the CSOL only. I'm fairly confident that Queensland are sponsoring my occupation but I will need to check first............................Just checked and my occupation is on the Queensland Skilled Occupation List (QSOL) Skilled – Nominated (subclass 190).

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On the CSOL only. I'm fairly confident that Queensland are sponsoring my occupation but I will need to check first............................Just checked and my occupation is on the Queensland Skilled Occupation List (QSOL) Skilled – Nominated (subclass 190).

 

You need skills assessment for a 190 application and Queensland needs to be willing to sponsor you. It's a points tested visa so you also need 60 points but if you have the points and can get a positive skills assessment, this is the fastest route to PR.

 

If you can't get to 60 points, a 186 ENS application via the Direct Entry stream is an option if your employer is willing to sponsor you for a 186 now without waiting for you to finish the two years on your 457. You will however need skills assessment.

 

The only permanent visa for which skills assessment is not needed for many occupations (generally only required for trades where the qualifications were obtained overseas), is a 187 RSMS but Brisbane is not an eligible location. If the job is in Brisbane or on the Gold Coast, a 187 is not an option.

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You need skills assessment for a 190 application and Queensland needs to be willing to sponsor you. It's a points tested visa so you also need 60 points but if you have the points and can get a positive skills assessment, this is the fastest route to PR.

 

If you can't get to 60 points, a 186 ENS application via the Direct Entry stream is an option if your employer is willing to sponsor you for a 186 now without waiting for you to finish the two years on your 457. You will however need skills assessment.

 

The only permanent visa for which skills assessment is not needed for many occupations (generally only required for trades where the qualifications were obtained overseas), is a 187 RSMS but Brisbane is not an eligible location. If the job is in Brisbane or on the Gold Coast, a 187 is not an option.

 

A colleague recently came in on a 190 visa with no issues but he is quite a bit younger than I, although much less experienced. I'm not sure if I'd qualify for 60 points...I'll need to look into it.

 

The 186 ENS looks the most attractive option but I'll need to speak to my employer about that one. I don't see any reason why the wouldn't back me but you never know. I don't think that the skills assessment would be an issue.

 

I actually work out near Dalby....in the middle of nowhere, although I live in Brisbane.

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A colleague recently came in on a 190 visa with no issues but he is quite a bit younger than I, although much less experienced. I'm not sure if I'd qualify for 60 points...I'll need to look into it.

 

The 186 ENS looks the most attractive option but I'll need to speak to my employer about that one. I don't see any reason why the wouldn't back me but you never know. I don't think that the skills assessment would be an issue.

 

I actually work out near Dalby....in the middle of nowhere, although I live in Brisbane.

 

Ah, well if you are willing to move away from Brisbane to a regional area (I think you could move to somewhere between Brisbane and Dalby rather than being restricted to Dalby itself), an RSMS is a possibility.

 

Re the points for a 190 - if you have a few years of post qualification experience, 5 points for the state sponsorship and good IELTS results, you may manage the 60 points and that's all you need. 60 point state sponsored EOIs get an automatic invitation so there's no pressure (or even incentive) to score any higher than 60. You'll need to get a move on though so that you can lodge an application (not just an EOI) before you turn 45 and lose all of the age points.

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Ah, well if you are willing to move away from Brisbane to a regional area (I think you could move to somewhere between Brisbane and Dalby rather than being restricted to Dalby itself), an RSMS is a possibility.

 

Re the points for a 190 - if you have a few years of post qualification experience, 5 points for the state sponsorship and good IELTS results, you may manage the 60 points and that's all you need. 60 point state sponsored EOIs get an automatic invitation so there's no pressure (or even incentive) to score any higher than 60. You'll need to get a move on though so that you can lodge an application (not just an EOI) before you turn 45 and lose all of the age points.

 

I don't think the wife or the girls would go for that one. We're struggling to convince the girls that living in Mooloolaba would be a nice change!!

 

I've got many years of experience, so getting the 60 won't be too difficult.......hopefully! So, it looks like the 190 is probably the way to go?

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You need to be quick. It is almost impossible to pass the points test once 45. A skills assessment can take a couple of months and then a few more months to get back. It doesn't matter how much experience you have, once you lose the age points for being 45 it is probably impossible. I would call a good agent such as go Matilda now to get things moving asap.

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You need to be quick. It is almost impossible to pass the points test once 45. A skills assessment can take a couple of months and then a few more months to get back. It doesn't matter how much experience you have, once you lose the age points for being 45 it is probably impossible. I would call a good agent such as go Matilda now to get things moving asap.

 

I've only got seven months before I turn 45, so I'll get onto GM now and see if they think there's time.....or if it's worth doing (financially) or just seeing out the two years.

 

Many thanks.

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I've only got seven months before I turn 45, so I'll get onto GM now and see if they think there's time.....or if it's worth doing (financially) or just seeing out the two years.

 

Many thanks.

 

A bird in the hand is worth 10 in the bush when it comes to comparing a 190 NOW against a 186 (or 187) in a couple of years. There are literally dozens of threads and posts on PIO where promises of sponsorship for a permanent visa after 2 years on a 457 have fallen through. Sometimes because the employers were unethical and simply reneged on a promise but many times because of circumstances beyond the employer's (or employee's) control. There could be a business downturn, a sale of the business, you could have health issues or any number of other situations could arise over the next couple of years.

 

If you can get a 190 now, you should definitely go for it now.

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A bird in the hand is worth 10 in the bush when it comes to comparing a 190 NOW against a 186 (or 187) in a couple of years. There are literally dozens of threads and posts on PIO where promises of sponsorship for a permanent visa after 2 years on a 457 have fallen through. Sometimes because the employers were unethical and simply reneged on a promise but many times because of circumstances beyond the employer's (or employee's) control. There could be a business downturn, a sale of the business, you could have health issues or any number of other situations could arise over the next couple of years.

 

If you can get a 190 now, you should definitely go for it now.

 

I'm all over it and hopefully can get the ball rolling this week.

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You should go for 190 now as the others have suggested, a registered migration agent may help get the application moving quickly for you as you need to apply before you 45 birthday, depending how long the skills assessment will take is doable.

 

Once you are PR your daughter will qualify for local fees at uni or TAFE, the savings on these fees will cover the cost of visa and migration agent alone. Be sure to keep a paper trail on how you support your daughter, ie putting money in her bank account - even if she gives it to you back, paying for her bills etc from your account. Will make things a lot easier to prove dependence if you have proof.

 

I wouldn't wait around for an employer to sponsor, there is no guarantee that they will sponsor after 2 years, they could even remove sponsorship tomorrow and there is very little you can do about it apart from find another sponsor within 90 days.

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You should go for 190 now as the others have suggested, a registered migration agent may help get the application moving quickly for you as you need to apply before you 45 birthday, depending how long the skills assessment will take is doable.

 

Once you are PR your daughter will qualify for local fees at uni or TAFE, the savings on these fees will cover the cost of visa and migration agent alone. Be sure to keep a paper trail on how you support your daughter, ie putting money in her bank account - even if she gives it to you back, paying for her bills etc from your account. Will make things a lot easier to prove dependence if you have proof.

 

I wouldn't wait around for an employer to sponsor, there is no guarantee that they will sponsor after 2 years, they could even remove sponsorship tomorrow and there is very little you can do about it apart from find another sponsor within 90 days.

 

I've been in touch with GM but I'm thinking that maybe I should have got in touch with their Brisbane office (as I live here) rather that their UK one?

 

I had to prove the daughter's dependence on us financially at the beginning of the year. Will I have to repeat the process again...in full? I pay for her mobile, insurance on our car, gym fees, tuition, 'pocket money - cash', clothing shops and regular $1000 deposits into her bank account. Just hope that it's enough.

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Hey, if you're happy with your employer and you think they'd support you the 186 direct entry is a great option, you said skills assessment wouldn't be a problem and the employer sponsored visas are prioritised. We're just moving off my 457 and my husbands new employer is lodging the 457 and the 186 at the same time, basically they are happy to do PR for him, but want him there sooner and the 457 takes weeks as opposed to months with the 186. Have a word with your employer as it seems like it's the security that's important, exactly the same for us. We want to start a family so want to get PR in order to settle down

 

Beauty of the process is that everything you've done for the 457 can be applied for the 186, so my husband has already done skills assessment and if we do it all now then we don't need to pay twice for checks etc down the line

 

Good luck, i'm sure you can work it out

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Hey, if you're happy with your employer and you think they'd support you the 186 direct entry is a great option, you said skills assessment wouldn't be a problem and the employer sponsored visas are prioritised. We're just moving off my 457 and my husbands new employer is lodging the 457 and the 186 at the same time, basically they are happy to do PR for him, but want him there sooner and the 457 takes weeks as opposed to months with the 186. Have a word with your employer as it seems like it's the security that's important, exactly the same for us. We want to start a family so want to get PR in order to settle down

 

Beauty of the process is that everything you've done for the 457 can be applied for the 186, so my husband has already done skills assessment and if we do it all now then we don't need to pay twice for checks etc down the line

 

Good luck, i'm sure you can work it out

 

Thanks for that. I haven't done a skills assessment as it wasn't required previously, so that will need to be done, I suppose. Is there an age limiting factor (points loss) with this visa, as with the 190?

 

I'll email my employer now and see what their stance is with the 186. If I am willing to pay for it myself and they're happy with me I cannot see an issue......but you never know with bigger companies.

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Thanks for that. I haven't done a skills assessment as it wasn't required previously, so that will need to be done, I suppose. Is there an age limiting factor (points loss) with this visa, as with the 190?

 

I'll email my employer now and see what their stance is with the 186. If I am willing to pay for it myself and they're happy with me I cannot see an issue......but you never know with bigger companies.

 

A 186 is not points tested so you would have until the day before you turn 50 to apply for that if your employer is willing to sponsor you now via the Direct Entry stream but keep in mind what I said earlier about 'a bird in the hand'. If they can't/won't do it NOW (i.e. as soon as you have skills assessment), you will lose your chance at a 190 because of the age points and will be completely reliant on them to come good on any future promises. Also, 190s are currently going through faster than 186s so you would probably have your PR several months sooner.

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A 186 is not points tested so you would have until the day before you turn 50 to apply for that if your employer is willing to sponsor you now via the Direct Entry stream but keep in mind what I said earlier about 'a bird in the hand'. If they can't/won't do it NOW (i.e. as soon as you have skills assessment), you will lose your chance at a 190 because of the age points and will be completely reliant on them to come good on any future promises. Also, 190s are currently going through faster than 186s so you would probably have your PR several months sooner.

 

:confused: Ok, 190 it is then!! I just hope that these migration agents get things moving quickly.

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:confused: Ok, 190 it is then!! I just hope that these migration agents get things moving quickly.

I would try for the 190 route first and if not able to get it in on time aim to get employer sponsored through the direct route. The only extra you may have with the 190 would be the IELTS if your required extra points.

 

George Lombard is a Sydney based agent that has excellent reviews! also W Russell posts on the forum is based in Sydney both well respected agents.

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Thanks very much for the advice. I'll wait for a response from Fragomen and go Matilda first and see what they have to say. If there's any dragging of feet, I'll get onto one of the two that you've mentioned.

 

 

I would try for the 190 route first and if not able to get it in on time aim to get employer sponsored through the direct route. The only extra you may have with the 190 would be the IELTS if your required extra points.

 

George Lombard is a Sydney based agent that has excellent reviews! also W Russell posts on the forum is based in Sydney both well respected agents.

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