In Light of New Policies, 457 Applicants/Holders, Have Your Plans Changed With Regards to Migrating (PR/CITIZEN) to Australia?

[theveed]

As abrupt as Turnbull's new 457 changes are to those planning to apply for 457, I think the changes are causing more stress and concern to existing 457 holders/applicants looking to stay permanently in Aus via one of the 3 PR visas available.

With the modified 2-year, short term occupation list, over 200 occupations are no longer available and even those that remained will only have one on-shore renewal available with no PR route.

Question/survey is, how are these changes affecting your decision to stay in Aus or becoming an Australian citizen?

Are you already looking at possibilities of relocating or moving back to your previous country of residence?

Particularly for those over 40 and/or with families.

Trying to see others' viewpoints and options that we (as individuals) might not have thought of.

[Robbouk]

So here's mine.

My wife and I are here on a PR visa, both in full time employment, loving the lifestyle, bought a house, settling in to the community.

Our two adult 'non-dependent' children are here on WHV at the moment, but were looking at the 457 route or any other route that would lead them to a longer term or permanent visa.  With the recent news, we have no idea what the future looks like, not only for our children, but for the whole family too.  

They are both young enough to go back into study (if a student visa is granted), get more qualifications and then look for an appropriate skilled visa.

Like, I assume, a lot of people are doing now, I am engaging with a professional immigration agent to help with this confusing 'can of worms'.

[VERYSTORMY]

The advice to 457 holders has always been that they should treat it for what it says. A temporary stay and they should assume they will return at the end of the 457 to their home country. There has never been an automatic transition to PR. 

[Robbouk]

1 minute ago, VERYSTORMY said:

The advice to 457 holders has always been that they should treat it for what it says. A temporary stay and they should assume they will return at the end of the 457 to their home country. There has never been an automatic transition to PR. 

Kind of agree, the strategy we had was for my children to stay her, gain more experience that would then qualify them for a skilled visa of any sorts.

[VERYSTORMY]

But, it was always the case that at best, occupations are removed and no longer eligible. Also, it was always the case that to get a 457 without experience would risk a refusal for most occupations as immi would often not be satisfied such an application was necessary. 

[Robbouk]

All of this is a risk.  One of my children has 4+ years experience in a skill that is listed in the CSOL / STSOL, but that does not qualify him for the Skilled visa route as he does not have a relevant qualification to go along with his working experience.  

I was in a similar situation, lots of years in experience, but no qualification.  Had my skills assessed via RPL (who class the first 8 years of working experience as Learning), which gave a positive result for my PR visa.

So our strategy was based on the same theme, they work (preferably here with us) in the right industry, gaining more experience, study if necessary, all with a view of qualifying for a more permanent visa.  They both have worked in the industries and have skills that Australia 'still' have on the lists, but just not enough years of experience yet.

[millski88]

I'm concerned your post may apply unnecessary worry and stress to existing 457 holders.

Please consider that we currently don't have any evidence suggesting that existing 457 holders' path to PR will be altered, and we do actually have a lot of info to support the contrary. 

Tom.

Edited April 19, 2017 by millski88

[EVELYN]

9 minutes ago, millski88 said:

I'm concerned your post may apply unnecessary worry and stress to existing 457 holders.

Please consider that we currently don't have any evidence suggesting that existing 457 holders' path to PR will be altered, and we do actually have a lot of info to support the contrary. 

Tom.

TOUCHE

[MaggieMay24]

DIBP have published a fact sheet regarding the changes to the ENS visas: http://www.border.gov.au/WorkinginAustralia/Documents/reforms-australia-permanent-employer-sponsored-migration-programme.pdf

So I think people who currently hold a 457 visa have reason to be concerned depending on their situation.

[John Taggart]

Thought I would reply to this thread as I have just had the worst 12 hours ever. Myself and partner have been in Australia for three years on a 457 and were transitioning to a PR 186. However, our newborn arrived 2 weeks early before we lodged, meaning that we had to apply for a UK Passport for him to add him onto our 457 before we could lodge our application for PR. My occupation (Production Manager - manufacturing) fell off the lists today. However, with the great support of our agent from True Blue who worked tirelessly late last night on our behalf we lodged and had acknowledgement of our application at 11.50PM, 10 minutes before the occupation lists changed. Fingers crossed that all goes ok but I'm really concerned and sorry for those that are being caught up in this through no fault of there own.

At the end of the day, this is just the Liberal party playing politics!!

[theveed]

3 hours ago, millski88 said:

I'm concerned your post may apply unnecessary worry and stress to existing 457 holders.

Please consider that we currently don't have any evidence suggesting that existing 457 holders' path to PR will be altered, and we do actually have a lot of info to support the contrary. 

Tom.

@millski88 : Frankly, I don't think it's unnecessary but just facts 457 applicants/holders like myself who truly has intention to reside in Aus long-term after we've fulfilled our 457 obligations to Aus and the company who sponsored us, particularly if, like myself, is assigned to build up a multi-million business expansion for our MNC which includes hiring local talent to solidify our business activities Down Under have to face and decide upon.

The 457-to-PR path has definitely been altered with the new 2-year, 1-time renewal only with no PR transition short term visa, it's clearly stated. Not to mention that if the 457 is still under process and your occupation was scrapped, your application will have to be withdrawn and refunded.

Quoting from a migration website:

Quote

Employer sponsored visas

457 visas are the most greatly affected; those whose applications have not already been granted may be affected. For ENS 186 and RSMS 187 visas, only applications lodged on or after 19 April with be affected. For all three subclasses, we can expect the following:

Temporary 457 Visa

Those who have already been granted their 457 visas will not be affected. Unfortunately, those who applied before 19 April 2017 but have not yet been granted their visa will still be affected by the changes.

Such unfinalised applications that are based on a removed occupation will not be successful. Applicants will need to withdraw their applications and will receive a refund on the application fees.

Other unfinalised applications and applications made after 19 April 2017 for eligible occupations (MLTSSL and STSOL) will have these new changes will apply.

• Applications for occupations with caveats will have special conditions that must be fulfilled, certain occupations are only restricted to regional areas
• Applications for occupations that are on the MLTSSL will be valid for 4 years
• Applications for occupations that are on the STSOL will be valid for 2 years with no permanent residency option

@MaggieMay24 - Precisely... It matters a great deal, especially after 2018

@John Taggart - Fingers crossed, best of luck and congrats with the baby as well.

@VERYSTORMY - Fair point, however, just like contractual hiring in companies, most temps transitioning to permanent is a norm and makes business sense for both parties. But I do get your point.

@Robbouk - It's a conundrum indeed as many opted to move, study, work in AUS because of a better family-unit lifestyle.

 

[ItchyFeet76]

2 hours ago, John Taggart said:

Thought I would reply to this thread as I have just had the worst 12 hours ever. Myself and partner have been in Australia for three years on a 457 and were transitioning to a PR 186. However, our newborn arrived 2 weeks early before we lodged, meaning that we had to apply for a UK Passport for him to add him onto our 457 before we could lodge our application for PR. My occupation (Production Manager - manufacturing) fell off the lists today. However, with the great support of our agent from True Blue who worked tirelessly late last night on our behalf we lodged and had acknowledgement of our application at 11.50PM, 10 minutes before the occupation lists changed. Fingers crossed that all goes ok but I'm really concerned and sorry for those that are being caught up in this through no fault of there own.

At the end of the day, this is just the Liberal party playing politics!!

Gosh, what a stressful 12 hours that must have been! We got our application in last December after umming and ahhing for a while, and I'm soooo glad we did, as I don't think the changes will affect people who have already submitted an application, will it...?

Well done to you and your agent for the swift submision, and good luck!

PS - congrats on the baby! I'm expecting in October and now they've increased the processing times it's looking like she'll be here before PR is, so there goes another $900 to add her to the application once she arrives! :-/

Edited April 19, 2017 by ItchyFeet76

[ItchyFeet76]

I wonder how this change will affect the current processing times for the 186 visa....maybe it will speed things up, as there will be no more applications accepted...? One can only dream! ;-)

[Beffers]

2 hours ago, John Taggart said:

Thought I would reply to this thread as I have just had the worst 12 hours ever. Myself and partner have been in Australia for three years on a 457 and were transitioning to a PR 186. However, our newborn arrived 2 weeks early before we lodged, meaning that we had to apply for a UK Passport for him to add him onto our 457 before we could lodge our application for PR. My occupation (Production Manager - manufacturing) fell off the lists today. However, with the great support of our agent from True Blue who worked tirelessly late last night on our behalf we lodged and had acknowledgement of our application at 11.50PM, 10 minutes before the occupation lists changed. Fingers crossed that all goes ok but I'm really concerned and sorry for those that are being caught up in this through no fault of there own.

At the end of the day, this is just the Liberal party playing politics!!

Bloody hell. That's a close shave and fair play to your agent for getting it across the line. Good luck with it all.

Just goes to show what a good agent can do! 

[John Taggart]

35 minutes ago, ItchyFeet76 said:

Gosh, what a stressful 12 hours that must have been! We got our application in last December after umming and ahhing for a while, and I'm soooo glad we did, as I don't think the changes will affect people who have already submitted an application, will it...?

Well done to you and your agent for the swift submision, and good luck!

PS - congrats on the baby! I'm expecting in October and now they've increased the processing times it's looking like she'll be here before PR is, so there goes another $900 to add her to the application once she arrives! :-/

Yeah we had another $900 to add. Just as well we had access to funds to pay both the Immi fees and Agents fees yesterday. Good luck with both baby and application.

[John Taggart]

10 minutes ago, Beffers said:

Bloody hell. That's a close shave and fair play to your agent for getting it across the line. Good luck with it all.

Just goes to show what a good agent can do! 

Worth the money trust me!

[millski88]

1 hour ago, theveed said:

@millski88 : Frankly, I don't think it's unnecessary but just facts 457 applicants/holders like myself who truly has intention to reside in Aus long-term after we've fulfilled our 457 obligations to Aus and the company who sponsored us, particularly if, like myself, is assigned to build up a multi-million business expansion for our MNC which includes hiring local talent to solidify our business activities Down Under have to face and decide upon.

The 457-to-PR path has definitely been altered with the new 2-year, 1-time renewal only with no PR transition short term visa, it's clearly stated. Not to mention that if the 457 is still under process and your occupation was scrapped, your application will have to be withdrawn and refunded.

Quoting from a migration website:

@MaggieMay24 - Precisely... It matters a great deal, especially after 2018

@John Taggart - Fingers crossed, best of luck and congrats with the baby as well.

@VERYSTORMY - Fair point, however, just like contractual hiring in companies, most temps transitioning to permanent is a norm and makes business sense for both parties. But I do get your point.

@Robbouk - It's a conundrum indeed as many opted to move, study, work in AUS because of a better family-unit lifestyle.

 

The migration agent you just quoted literally said that current 457 visa holders will *not* be affected... 

Proving my point... right now people in my position are googling what they're outcome is, and your thread on this forum will come up as a resource to judge their future on. 

Stating 'existing 457 visa holders' in this context is false information, and it can be really confusing for people to read, especially when they are already panicking/stressed. 

Your situation sounds very complicated, I wish you all the best with it.

Any existing 457 holder wanting to know where they stand? Feel free to message me and ignore this thread.

[theveed]

@millski88 This line is what I was pointing out - For ENS 186 and RSMS 187 visas, only applications lodged on or after 19 April with be affected

Which would mean, 457 hoping for ENS186 and 187 in the future will be affected, right? We'd love to hear from any additional inside/expert inputs you may have, by the way. It'd help a lot of us out. Thanks for the well-wishes, by the way. Cheers. - Dave

[New Member]

I submitted my 457 visa 5 months ago (normally they take 3 months to approve) Every time my lawyer would call up immigration to find out why it is taking so long, they would never give her an update. They then change the lead time to 6 months. I was expecting my visa to be approved in the next couple of weeks, however my occupation has now been removed from the skilled list. Meaning I will probably have to leave the country in the next 28 days. The main thing that baffles me, is a friend of mine, who applied for the 457 visa at the same times as me (who's job is still on the skilled list) had her visa approved within the 3 month time frame. Could be a coincident or maybe they knew my occupation was going to be removed. Either way I cant help but feel like I've been treated unfairly. 

 

I original came to Australia for a holiday, however i fell in love with the place, the culture and the people and I've ended up being here over 2 years. I've settled into life here, but now because of Malcolm Tunrbulls decision my life is upside down.

I feel like the last 2 years have been a complete waste of time and money!

[theveed]

2 hours ago, New Member said:

I submitted my 457 visa 5 months ago (normally they take 3 months to approve) Every time my lawyer would call up immigration to find out why it is taking so long, they would never give her an update. They then change the lead time to 6 months. I was expecting my visa to be approved in the next couple of weeks, however my occupation has now been removed from the skilled list. Meaning I will probably have to leave the country in the next 28 days. The main thing that baffles me, is a friend of mine, who applied for the 457 visa at the same times as me (who's job is still on the skilled list) had her visa approved within the 3 month time frame. Could be a coincident or maybe they knew my occupation was going to be removed. Either way I cant help but feel like I've been treated unfairly. 

I original came to Australia for a holiday, however i fell in love with the place, the culture and the people and I've ended up being here over 2 years. I've settled into life here, but now because of Malcolm Tunrbulls decision my life is upside down.

I feel like the last 2 years have been a complete waste of time and money!

So similar to yours. Our MA submitted everything (company, myself, and dependents') close to 7 months ago with no updates after the CO assignment, insurance, and medical since January, the timeline keeps moving with no feedback (even a rejection or request for additional docs would've been better, I think) from IMMI. Now my nominated occupation isn't in the list.

Because of the application, I couldn't renew my ETA visitor visa to attend meetings with buyers and business partners in Oz as well, I usually visit Mel/Syd 3-4x a year and our company have missed out on 2 deals with our local Aus partners, unfortunately.

Took my wife and kid for 3 week holiday in Mel/Syd last June and they loved it, unfortunately, at least in the short-term, migrating is out of the question now with my age creeping up to the limit hehe.

[New Member]

Just found out my friend who applied for a 457 on the 12/04/2017 was approved 5 days later on the 17/04/2017! 

Her job is still on the skilled list, but how can that be fair!

 

[theveed]

On 4/21/2017 at 5:12 PM, New Member said:

Just found out my friend who applied for a 457 on the 12/04/2017 was approved 5 days later on the 17/04/2017! 

Her job is still on the skilled list, but how can that be fair!

 

Frankly, a lot of factors are in play. If her job is still in the long term list, then that's a huge hurdle to clear. If her sponsor is also an existing sponsor in good standing, it can go through very quickly.

My case is a bit tough, the company's a new applicant as well. The company sponsorship stage took 6 months to approve. Now we're still going through nomination and actual visa.

[path2aus]

On 21/04/2017 at 6:42 PM, New Member said:

Just found out my friend who applied for a 457 on the 12/04/2017 was approved 5 days later on the 17/04/2017! 

Her job is still on the skilled list, but how can that be fair!

 

I have dealt with this scenario in the US for a long time. Sometimes there is no logic to the timeline and Sometimes there is. My friend and I working for the same company, applied extension at the same time in the US, mine came through in 3 weeks, his took 2.5 months.