Withdraw 820 and stick with 457 visa

[MZM]

I came to Australia on 457 3.5 years ago. I am over 50 so to get a PR 186 visa, I need to work on 457 with the same employer for 4 years. This means I have to reapply for 457 in July this year for the second 457 with the same employer and then in December this year I can apply to 186 sponsored by the same employer. My employer is happy to support that.

2 years ago got married to Australian citizen and I applied for 820/801 after 17 months 820 was issued May 16. Unfortunately my marriage is not v stable. My questions are

 

1). I am still working for my employer who sponsored my 457 and I will continue for the next 6 years. What happened to my current 457. If I withdraw my partner visa will I flip back on my current 457 ( 5 months still valid on that visa) and then follow the original plan to get a second 457 and then 186.

2) Will I have to serve for another 4 years under the new 457 to get 186 or my 3.5 years on 457 would b counted towards my application for 186.

Thanks

[George Lombard]

Hi MZM,

 

You're no longer eligible for the 186 visa based on the four years work experience as the holder of a 457 visa.

 

These are the exemptions on age for a subclass 186 visa:

 

Class 5 Persons who are employed in certain occupations, as follows:

a) researchers, scientists and technical specialists at the ANZSCO skill levels one or two, who have applied for a visa under the Regulations to occupy a position as nominated by Australian scientific government agencies; or

b) senior academics who have applied for a visa under the Regulations to occupy a position as nominated by an Australian university in Australia. A senior academic is a person to be employed at an Academic Level of B, C, D or E, as a:

i. University Lecturer (ANZSCO 242111); or

ii. Faculty Head (ANZSCO 134411).

 

Class 6

Persons:

a) who have been working for their nominating employer as the holder of a Subclass 457 – Temporary Work (Skilled) visa for at least four years immediately before applying for their Subclass 186 or Subclass 187 visa; and whose annual earning for each year in the four year period was at least equivalent to the Fair Work High Income Threshold; or

 

b) Medical practitioners (ANZSCO MINOR GROUP 253):

 

i. who have been working in their nominated occupation as the holder of a Subclass 457 – Temporary Work (Skilled) visa for at least four years immediately before applying for their Subclass 186 or Subclass 187 visa;

ii. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and

iii. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7); or

c) Medical practitioners (ANZSCO MINOR GROUP 253):

i. who have been working in their nominated occupation as the holder of a Subclass 422 – Medical Practitioner visa before becoming a holder of a Subclass 457 – Temporary Work (Skilled) visa at least two years in the four years immediately before applying for their Subclass 186 or Subclass 187 visa;

ii. this employment was located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7), for at least two of these years; and

iii. whose nominated position is located in regional Australia, as prescribed in an instrument in writing made under subregulation 5.19(7).

 

 

I think that if your 457 visa has ceased then you're not able to claim Class 6(a). You could argue it but a very expensive argument if wrong.

 

Cheers,

[MZM]

Thank u v much George

I was eligible under class 6 (b). Now 820 is issued. Does it mean that if I were to withdraw 820 and reapply for 457 with the same hospital then I have to wait for another 4 years from the new 457. ?

[George Lombard]

Hi MZM,

 

Same situation, as I read it you will need to wait another four years. With respect to your partner is there anything which chocolates or flowers could sort out? Seriously, many migration issues are successfully resolved by Relationships Australia, they're cheap and very reliable.

 

Cheers,

 

George Lombard

[MZM]

Lol. Thanks v much. But I am offering merc. It is not too bad but I am looking at options in case. At least I know now how sweet I need to b