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Help with 457 Visa


Guernsey2612

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Hi,

 

My wife and I are hoping to move to Australia, we have been using an agent for her Nursing details, and have been given 1 year for her to attend AHPRA in person with ID to collect her registration.

 

The agent said we could go for permanent residence visa, but our ages are against us. She is 49, 50 in May 2017 I am 53.

They said we should get over to Aus asap to collect registration and then go for a 457 visa.

 

We are looking for help, in how to do this, and also if this is the best way forward, and would she need an offer of employment before her 50th to get the visa?

 

Do we need to get the Registration from AHPRA before we can apply for a 457?

 

Thanks for you help in advance.

 

Andy & Georgina Barlow

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Hi,

 

My wife and I are hoping to move to Australia, we have been using an agent for her Nursing details, and have been given 1 year for her to attend AHPRA in person with ID to collect her registration.

 

The agent said we could go for permanent residence visa, but our ages are against us. She is 49, 50 in May 2017 I am 53.

They said we should get over to Aus asap to collect registration and then go for a 457 visa.

 

We are looking for help, in how to do this, and also if this is the best way forward, and would she need an offer of employment before her 50th to get the visa?

 

Do we need to get the Registration from AHPRA before we can apply for a 457?

 

Thanks for you help in advance.

 

Andy & Georgina Barlow

 

It is only the age of the primary visa applicant that matters.

 

May I suggest that you ask your agent to advise you in detail about the PR visa strategies open to you?

 

Here are some notes that might help you:

[h=4]TRT age requirements

Clause 186.221 refers.

At time of application, the applicant must have been under 50 or be a person in any of the five classes of persons specified in the 186.221(b) legislative instrument, namely:

· Skill level 1 or 2 researchers, scientists and technical specialists nominated by an Australian government scientific agency.

· Senior academics (as described in the 186.221(b) legislative instrument) nominated by a university in Australia.

· UC-457 visa holders who have been working for their nominating employer for at least the 4 years immediately before applying for their visa and whose annual earnings for each year in that 4 year period have been at least at the Fair Work High Income Threshold (FWHIT).

· Medical practitioners:

· who have been working in their nominated occupation as the holder of a UC-457 visa for at least the 4 years immediately before applying for the visa, and at least 2 years of that employment was located in regional Australia as defined in regulation 5.19(7) and

· whose nominated position is located in regional Australia as defined in regulation 5.19(7).

· Medical practitioners:

· who have been working in their nominated occupation as the holder of a UE-422 visa before becoming, in the 4 years immediately before applying, a holder of a UC-457 visa, and at least 2 years of that employment was located in regional Australia as defined in regulation 5.19(7) and

· whose nominated position is located in regional Australia as defined in regulation 5.19(7).[/h]

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Thank you for your response, and the information. Below is what they have sent us... We have not done IELTS, as all our notarised paperwork have satisfied AHPRA. Please can you have a look and advise if this is correct. The agent is NursingCareeers.

 

In order to be considered eligible for PR you are required to meet immigration skill application points score of 60.

According to the table below you currently have 25 points and maximum point only score 55 points. No further points are available.

 

Due to age limitation I would suggest Independent PR is not available to you. You may be eligible for 457 visa and then possibly PR sponsored by employer before you turn 50 years of age.

 

 

[TABLE]

[TR]

[TD]Criteria

[/TD]

[TD]Current Points

[/TD]

[TD]Possible points

[/TD]

[TD]Comments

[/TD]

[/TR]

[TR]

[TD]Age under >45 Yr

[/TD]

[TD]0

[/TD]

[TD]0

[/TD]

[TD]No points after 45 yrs

[/TD]

[/TR]

[TR]

[TD]English Criteria

[/TD]

[TD]0

[/TD]

[TD]May be eligible for 20 points if youscores IELTS 8.0 in each module.

[/TD]

[TD]

[/TD]

[/TR]

[TR]

[TD]Overseas Employment <5 years

[/TD]

[TD]5

[/TD]

[TD]10 ( upon completion of 5 years

[/TD]

[TD]

[/TD]

[/TR]

[TR]

[TD]Bachelor’s degree

[/TD]

[TD]15

[/TD]

[TD]15

[/TD]

[TD]

[/TD]

[/TR]

[TR]

[TD]State Sponsorship

[/TD]

[TD]5

[/TD]

[TD]10 ( only for 4 year temporary visa)

[/TD]

[TD]To gain 10 points you need to gain employment in regional Australia

[/TD]

[/TR]

[TR]

[TD]Partners skills

[/TD]

[TD]0

[/TD]

[TD]0

[/TD]

[TD]No points awarded over 50 yrs of age

[/TD]

[/TR]

[TR]

[TD]TOTAL

[/TD]

[TD]25

[/TD]

[TD]55

[/TD]

[TD]

[/TD]

[/TR]

[/TABLE]

 

 

In light of this it seems that the best option would be to arrange a trip to Australia ASAP to finalise your AHPRA registration and then seek a 457 sponsored job. It is possible that we may be able to assist you with this and find a sponsored job however it would be working in aged care. If we can do this it is still possible to apply for PR through the employer IF we apply before May. It does mean however that you would need to travel to where a 457 sponsored job is available.

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Thank you for your comments and help so far....

 

So in a nutshell....

 

It seems that we should go for permanent residence?

 

What would our chances be?

 

Do we have enough time? before her 50th?

 

Sorry for the questions, we are obviously feeling a bit lost and need help....

 

Andy & Georgina

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Hi Andy and Georgina,

 

There are about 15 reputable agents listed at the top of this sub-forum. I'm sure that any of them would be happy to talk this through with you in detail, and given the stakes involved I do think it's worth getting the advice you seek professionally. Particularly as you're already engaged with an agent it would be completely unprofessional for any of us to comment on the advice you have already received in a public forum.

 

Cheers,

 

George Lombard

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