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1 year into 457, 3 years total in Aus, when can I apply for residency?


Cele21

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Hey everyone, first post and I have a feeing this question has been asked many times before (but I can't find a thread :wink:)

 

I have been here for 3 years now, 2 year WHV and then 1 year so far on my 457 sponsored visa. I have heard so many different rumours and to be honest I don't think the girl I spoke to at immigration knew herself.

 

As far as I am aware, it's 2 years on your 457 before you can put in an application for residency (with support of your employer), but I have been told you can sometimes do it after 1 year, is there any truth in this?

 

Any help/advice would be much appreciated ... Currently trying to plan out a plan for the next few years, I should mention I am worried that my company may not survive for much longer. In which case I think my only option would be apply for a Defacto visa with my partner (also on a sponsored visa).

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Hi, if your employer supports it there is no time requirement - some people are sponsored by an employer for PR before they even set foot in Australia.

 

Where the two years comes from is there are different requirements if it is less than two years and a skills assessment is required.

 

If your company may not survive and they are willing to sponsor you now and you can pass the skills assessment that sounds like the way to go. That said if they are really on their last legs they may not meet the criteria for sponsoring someone - at least you have another route if that is the case, many people on 457 visas don't.

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If you want to go via the 186 transition stream, its two years. This stream does not require a skills assessment. You can then do a further year before citizenship. You can apply for a 186 visa and do a skills assessment without waiting... but, as I found out, this is not an option for everyone. My degree wasn't relevant for the role I was sponsored under.

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So the two years just comes in if you can't pass the skills assesment? I think I do pass that as I have enough points, but my title/degree isn't on either of the 2 lists, do you know if that makes a difference?

 

You're right, I'm lucky I have that as an option, now to start saving for all the fees again ...

 

Hi, if your employer supports it there is no time requirement - some people are sponsored by an employer for PR before they even set foot in Australia.

 

Where the two years comes from is there are different requirements if it is less than two years and a skills assessment is required.

 

If your company may not survive and they are willing to sponsor you now and you can pass the skills assessment that sounds like the way to go. That said if they are really on their last legs they may not meet the criteria for sponsoring someone - at least you have another route if that is the case, many people on 457 visas don't.

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Hey Poppy, I didn't find it too hard ... I got a job and worked my ass off, long hours, saying yes to everything etc. But saying that, I did regional work at a farm with around 40 people on it, out of that 40 there are only 3 of us that have since stayed in the country - I know that most of the others were trying for sponsorship. It's hard to tell I guess you can't really say. Depends on the job, your experience, right job at the right time etc. Are you coming out on a visa first to try and get sponsored? Or trying to get it from the UK?

 

Hi there sorry cant help with your question but hopefully you can maybe help me with some info, think maybe a 457 might be our only option for coming to oz can you tell me if trying to secure work for this kind of vias was difficult.
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So the two years just comes in if you can't pass the skills assesment? I think I do pass that as I have enough points, but my title/degree isn't on either of the 2 lists, do you know if that makes a difference?

 

You're right, I'm lucky I have that as an option, now to start saving for all the fees again ...

 

What is your occupation? There may be more than one way around this.

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It seems like a very awkward situation.

 

As you indicate that your company may not survive, I would strongly advise getting a registered agent to assess your situation and give you all of the options and form a strategy. If your company goes under then you won't qualify for any employer sponsored visas, so it may be that time is not on your side.

 

Just as a note to you and everyone else regarding contacting immigration for visa advice.....don't do it. As weird as this may seem, the department are the worst people that you could contact. This is not only from personal experience, as this forum is littered with members who have been given bad advice and information from the department, some of them catastrophic.

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Hi thanks for the info, I was under the impression that you had to have a job offer before you where actually given the 457 visa is that the case, or did you just go out on a visitors visa first and find work then apply for the 457?, we are still in the UK and trying to find the best option for coming over as we don't meet the points requirements.

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Hi thanks for the info, I was under the impression that you had to have a job offer before you where actually given the 457 visa is that the case, or did you just go out on a visitors visa first and find work then apply for the 457?, we are still in the UK and trying to find the best option for coming over as we don't meet the points requirements.

 

From what I read from their earlier post they came out on a working holiday visa for 2 years and then got an employer to sponsor them on a 457.

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Hi thanks for the info, I was under the impression that you had to have a job offer before you where actually given the 457 visa is that the case, or did you just go out on a visitors visa first and find work then apply for the 457?, we are still in the UK and trying to find the best option for coming over as we don't meet the points requirements.

 

You must have an employer to sponsor you for a 457 visa. I have seen people here planning to come out on a visitor visa and look for a 457 job offer - but it's not an easy road by any means, you'll find the time flies by on the visitor visa and you may not find a sponsor in that time.

 

Also consider that a 457 is only a temp job. It's a good option if you fancy coming out to Australia for a short-term adventure - but if you're hoping to stay permanently, it's a tough path. You're stuck with that employer - if you don't like the job you'll have to go home. If the employer goes bust, you've got 90 days to find another sponsor - or go home. The employer may promise to sponsor you for a permanent visa in two years BUT the promise has no legal value, and if business isn't good, he may change his mind - and you'll have to go home. So it's all a bit risky. Provided you understand the risks it's all doable but you do need to go in with your eyes open.

 

As others have said, I really think you need to speak to a MARA registered migration agent to find out what your chances are realistically. No matter how much you dream of moving to Oz, throwing money at a dream that can't be realised is never a good idea - nor is throwing money at trying to achieve an achievable dream the wrong way.

Edited by Marisawright
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