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Should we risk all and leave our jobs in UK for 457 visa?


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Hi. We are new to this and are wondering if we can trust leaving our permanent jobs and life in the UK for a 457 visa route. We need it to become permanent as my family all live there. We can't do the skills assessment route as the companies my partner worked for have gone out of business and we can't trace them for evidence! As we only have a year and half until we reach the age limit of 45 (50 won't get us the points), we need to act now. Any advice would be appreciated.

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Hi. We are new to this and are wondering if we can trust leaving our permanent jobs and life in the UK for a 457 visa route. We need it to become permanent as my family all live there. We can't do the skills assessment route as the companies my partner worked for have gone out of business and we can't trace them for evidence! As we only have a year and half until we reach the age limit of 45 (50 won't get us the points), we need to act now. Any advice would be appreciated.

 

You don't always need the references from former employers, just some proof of employment such as payslips or P60's and a signed statutory declaration may be sufficient.

 

Agree with the above post and would strongly recommend consulting a registered migration agent to assess your case. It would certainly give you all of the options that are available to you and give you the right advice.

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Thank you. After some research, it does say it can become permanent, but will this apply if we are over 45 (which we will be in 2 years time) when we are allowed to apply for the permanent visa. Hopefully someone will know and be able to help. I'll contact an agent too.

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Thank you. After some research, it does say it can become permanent, but will this apply if we are over 45 (which we will be in 2 years time) when we are allowed to apply for the permanent visa. Hopefully someone will know and be able to help. I'll contact an agent too.

 

Who has said it can become permanent - the employer? There is usually a route to permancy but it isn't guaranteed

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The 2 year thing is the threshold at which you can apply for the ENS186 visa through the transition stream without the need to do a skills assessment, as long as you have worked in the nominated role with your sponsoring employer for the previous 2 years.

 

A lot can happen in those 2 years; employer could go bust, they could fail on some of their sponsoring obligations, they could change their mind and decide not to sponsor you, job could drop off the skills listings etc etc.

 

If you can pass a skills assessment you can apply for PR at any time you like.

 

Sent from my iPhone using Tapatalk

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Simple answer - no.

The 457 is temporary and there is a possibility but no guarantee that it will become permanent and the government changes the rules constantly so what you think today could be way off track tomorrow.

 

If you have kids of school age then lots of additional costs and few benefits and the possibility of disruption at crucial times of education.

 

If you are well off and can do it without burning bridges - rent out your house, take a career break etc and feel like an adventure knowing that there is an even chance you will have to return then go for it. But if you have a good job and a nice house and stability then nah!

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Oh no! Thanks so much everyone for your replies. I am so worried now! My kids are at uni and said if I add them on visa application now they may come in a few years when they finish their degrees. My job is permanent here and top of pay scale (Primary teacher) but I'd have to do an extra year of study before becoming fully accredited in Oz, as there is a rule to have a 4 rather than 3 year degree! My partner is hardworking and said he will make it work and not to worry, but I do! My whole family are there...mother, brothers, nephew, niece, aunty, uncle and cousins. For this reason, I simply can't stay in the UK despite losing security here. However, we cannot get the evidence required for the fitter's skills test with TRA or Vetassess so it is a real dilemma! It looks like we will just have to go for it and take a risk.

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Oh no! Thanks so much everyone for your replies. I am so worried now! My kids are at uni and said if I add them on visa application now they may come in a few years when they finish their degrees. My job is permanent here and top of pay scale (Primary teacher) but I'd have to do an extra year of study before becoming fully accredited in Oz, as there is a rule to have a 4 rather than 3 year degree! My partner is hardworking and said he will make it work and not to worry, but I do! My whole family are there...mother, brothers, nephew, niece, aunty, uncle and cousins. For this reason, I simply can't stay in the UK despite losing security here. However, we cannot get the evidence required for the fitter's skills test with TRA or Vetassess so it is a real dilemma! It looks like we will just have to go for it and take a risk.

Assume that you are taking into account your kids possibly changing status post uni from being dependants to not dependant where they would on their own as far as a visa is concerned

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You may not get adult kids on your visa so you might need to face being in Australia with your mum but have your kids still in UK.

 

Personally I would give up on the teaching and use your skills for something more profitable.

 

Which one of you are you thinking might be the primary visa applicant?

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Oh I was hoping that applying now whilst dependent would mean they could continue with the process when we apply for PR even if finished degrees?

They would need to be dependent when you apply for PR and (unless its changed very recently) when its granted.

That means not working, not in a relationship, dependent on you totally.

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Oh no! So would you say we need to go the 489 visa route and have a go at the skills assessment and English language test?

 

If you can go down the 489 route it would be better than a 457. I am not up to speed with all the rules on that but it is a little more secure I believe.

 

With the 457, you would need to find a sponsor willing to take you on for that. Then they have to be willing to sponsr you for PR after 2 years.

You have to stay with that employer - not always easy - you have to hope that employer doesn't go bust or lay you off. (I have a friend going back to the US next week, been here almost 2 years with her 4 year old kiddie on a 457 with a promise of PR for her husband. 2 months to go the employer makes her husband redundant and thats it. End of. 90 days to pack up and leave)

Then when you apply for PR you can only include dependent children.

 

There are some excellent agents on this forum, maybe try a consultation with one of them. But time is not on your side, so make is quick.

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Thanks so much for your reply Nemesis. That poor family! I feel for them. This process is so hard and so worrying as I just have no idea how to find evidence from the companies he has worked for that have gone bust. And he has kept absolutely nothing e.g. payslips, contracts of employment, certificates etc. Will speak to an agent again and ask them what we should do. They mentioned doing a statutory declaration, but what do we put in it etc? Do the agents help you to write it?

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I tried as primary teacher but my degree was 3 years and not accepted, so it will be my partner who is a maintenance manager. He will have to apply as a fitter. I would have to pray that the kids would follow.

 

If the kids wait until they finish university then they would be adults, and they would have to have the skills and experience to qualify to migrate in their own right. So they wouldn't be able to join you for a couple of years at least after finishing uni, assuming their occupations are even eligible.

 

It sounds like this decision is very important to you - if that's the case then it's really, really false economy to skimp on paying for proper advice from a MARA registered agent like @wrussell who's a member here.

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