What are my options?? 457 to permanent residency

[Beandos]

Hi all,

just discovered pomsinoz and hoping someone will be able to give a little advice

i am a hairdresser currently working in Melbourne on a 457 sponsorship I have been on

this visa for 3 and a half years now, the problem is my employer does not want to nominate

me as he has not fofilled his visa duties ,

example ;not paid the nominated wage award (was agreed at beginning )

Not used 2%of the company's income on training and education and am sure there is a few

other things,,

 

so am wondering what happens once I reach the 4year mark? Am I able to apply for P.R without nomination?

or am I better off looking for a new employer who will nominate me???

any help would be much appreciated !!

therr could be a haircut in it for you

regards

beandos

[Ozmaniac]

I'm afraid that because your occupation is not on the SOL and is only on the CSOL, a sponsored visa is your only option.

 

You've already learnt to your cost that temporary employer sponsored visas can lead to exploitation so at the very least, you should be looking for a new employer who is willing to sponsor you for a permanent 186 ENS visa from the outset but if you do it that way, you'll need a positive skills assessment before you can apply AND you'll be stuck with your 457 employer (or on a Bridging visa with no work or travel rights) until the 186 is granted which will take several months.

 

Another possibility is a state sponsored visa but AFAIK, the NT and TAS are the only states where sponsorship is available to hairdressers. State sponsored visas are points tested and you must have a positive skills assessment from TRA but if you can pass the points test (you get points for the sponsorship) and get a state nomination, you would either end up with a 190 permanent visa or a provisional 489 which will lead to a permanent 887 after two years if you have met certain residence and work conditions.

 

On a 190, the requirement is for you to live and work in the sponsoring state for 2 years but that is only a moral obligation, it is not a condition of the visa. On a 489 which is a regional visa, a condition of your visa is that you must live and work in an eligible regional area (Melbourne qualifies) while you hold that visa and can only progress to a permanent visa if you have done so. I personally think that if anyone gets state sponsorship, they should do the right thing by the sponsoring state and stay there for at least a couple of years but there have been plenty of instances where SS holders have moved elsewhere without penalty. A major advantage of a SS visa is that you are free to work with any employer in any occupation.

 

If it were me, state sponsorship is what I would be doing for even if it meant moving to another state for a couple of years. Hairdressers are in high demand all over Australia so I doubt if you would have any trouble finding work wherever you go.

 

And, as soon as you don't need the existing job any longer, report the swine to DIBP so he can't exploit any other victims.

Edited December 2, 2014 by Ozmaniac