Starrynight Posted July 24, 2017 Share Posted July 24, 2017 Is anyone in the same dilemma as us? We are on a 457 and would have applied for PR through 186 transition stream in 2 years. The age limit is proposed to be changed from March 2018 from 50 to 45. We came on the understanding that my husband, then 43 would have plenty of time to get PR through this, the only route we could be successful with. Does anyone know if grandfathering arrangements will apply to us? If not, we have uprooted our lives for no reason and my whole family are Australian residents. I would like to speak to people in similar positions. I don't want to hear that the 457 is a temporary visa, as it comes with the understanding that you can, after 2 years, get PR through the temporary residence transition scheme. It therefore should be grandfathered for the few people like us who are in this position. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted July 24, 2017 Share Posted July 24, 2017 Is he not eligible for direct entry stream 186 or 189/190 at all? a bit more info on occupation might help someone to give some help. As far as I know they haven't clarified the position on grandfathering yet. Quote Link to comment Share on other sites More sharing options...
Mcguinnessp1968 Posted July 24, 2017 Share Posted July 24, 2017 What is grandfathering Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 24, 2017 Share Posted July 24, 2017 11 hours ago, Starrynight said: The age limit is proposed to be changed from March 2018 from 50 to 45. Does anyone know if grandfathering arrangements will apply to us? Immigration has stated that transitional arrangements for existing visa holders and visa applicants will be confirmed closer to the changes coming into effect. It is likely that we will not know for sure until the new Regulations are released in March 2018. 11 hours ago, Starrynight said: If not, we have uprooted our lives for no reason and my whole family are Australian residents. Unfortunately at the moment the Government is taking a hard line and not concerned by the human impact the changes are having on real people's lives. Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 24, 2017 Author Share Posted July 24, 2017 2 hours ago, Mcguinnessp1968 said: What is grandfathering Hi. It means honouring the rights you had when you got the visa. Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 24, 2017 Author Share Posted July 24, 2017 7 hours ago, rammygirl said: Is he not eligible for direct entry stream 186 or 189/190 at all? a bit more info on occupation might help someone to give some help. As far as I know they haven't clarified the position on grandfathering yet. Yeas he is eligible, but doesn't have evidence due to previous employers going into liquidation etc. Thanks for your reply. 1 Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 24, 2017 Author Share Posted July 24, 2017 17 minutes ago, Raul Senise said: Immigration has stated that transitional arrangements for existing visa holders and visa applicants will be confirmed closer to the changes coming into effect. It is likely that we will not know for sure until the new Regulations are released in March 2018. Unfortunately at the moment the Government is taking a hard line and not concerned by the human impact the changes are having on real people's lives. It's not just the people who have the visa, it is the whole family who are affected and they are Australian citizens, some born and bred! My family started emigrating as far back as my grandparents. Some have adult children with children now and we will all be upset by this separationl. I really think they need to think about the serious effects this is having Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 24, 2017 Author Share Posted July 24, 2017 Just now, Starrynight said: It's not just the people who have the visa, it is the whole family who are affected and they are Australian citizens, some born and bred! My family started emigrating as far back as my grandparents. Some have adult children with children now and we will all be upset by this separationl. I really think they need to think about the serious effects this is having Thanks for replying Raul. Quote Link to comment Share on other sites More sharing options...
Working Visa Posted July 24, 2017 Share Posted July 24, 2017 It has been CONFIRMED by DIBP in its mid June announcement concerning age limit for ENS186 TRT stream from March 2018. Under 45 age limit will apply from 1st March 2018. This limit is understandable for DE but not fair for TRT stream applicants whose visas were CURRENT on 18 April 2017. To be fair, equal and avoid retrospectivity in policy setting, grandfathering arrangements should be given to those already on 457 visa on 18 April 2017. http://www.border.gov.au/WorkinginAustralia/Pages/1-July-2017-changes.aspx 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 24, 2017 Share Posted July 24, 2017 18 minutes ago, Starrynight said: Yeas he is eligible, but doesn't have evidence due to previous employers going into liquidation etc. Thanks for your reply. Depending on his occupation and the assessing authority, he may be able to evidence experience with statutory declarations, evidence of income and other documents. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 24, 2017 Share Posted July 24, 2017 17 minutes ago, Starrynight said: It's not just the people who have the visa, it is the whole family who are affected and they are Australian citizens, some born and bred! My family started emigrating as far back as my grandparents. Some have adult children with children now and we will all be upset by this separationl. I really think they need to think about the serious effects this is having I hate to tell you this, and I hope your family manage to avoid being split, but DIBP are just a government department and really do not care if families, or even couples are split up by their visa rules. They work purely objectively, no emotions involved. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted July 24, 2017 Share Posted July 24, 2017 34 minutes ago, Starrynight said: Yeas he is eligible, but doesn't have evidence due to previous employers going into liquidation etc. Thanks for your reply. I would talk to a good agent about this there are ways around. Start with Raul as he has replied here. Paying for advice and help at least on a pathway forward makes sense. You don't have time to waste. 1 Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 25, 2017 Author Share Posted July 25, 2017 9 hours ago, Working Visa said: It has been CONFIRMED by DIBP in its mid June announcement concerning age limit for ENS186 TRT stream from March 2018. Under 45 age limit will apply from 1st March 2018. This limit is understandable for DE but not fair for TRT stream applicants whose visas were CURRENT on 18 April 2017. To be fair, equal and avoid retrospectivity in policy setting, grandfathering arrangements should be given to those already on 457 visa on 18 April 2017. http://www.border.gov.au/WorkinginAustralia/Pages/1-July-2017-changes.aspx Yes they should. I still wonder if these are proposals and if the government will explain closer to the time that my husband will not be affected? Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 25, 2017 Author Share Posted July 25, 2017 9 hours ago, Nemesis said: I hate to tell you this, and I hope your family manage to avoid being split, but DIBP are just a government department and really do not care if families, or even couples are split up by their visa rules. They work purely objectively, no emotions involved. 9 hours ago, Raul Senise said: Depending on his occupation and the assessing authority, he may be able to evidence experience with statutory declarations, evidence of income and other documents. Even though he has worked over 15 years in this occupation, he only has 21/2 years of physical evidence and we need 3 years for TRA don't we? He has payslips, job offers, reference etc for his last 2 jobs but not the one before. He didn't keep anything. We don't see the point in trying if the TRA rules are strictly 3 years of enough evidence. Could he do a stat dec for the other 6 months? Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 25, 2017 Author Share Posted July 25, 2017 9 hours ago, Raul Senise said: Depending on his occupation and the assessing authority, he may be able to evidence experience with statutory declarations, evidence of income and other documents. Oops just checked the TRA website and it is the Australian Construction Training Services that we would probably go to. Vetassess require 5 years evidence. ACTS require 4 not 3 years as I previously thought. We would have to write a statutory declaration for at least 18 months. Does this sound feasible or are we wasting our time Raul? Quote Link to comment Share on other sites More sharing options...
Collie Posted July 29, 2017 Share Posted July 29, 2017 IMO - don't hope for/rely on grandfathering. You're right, it's not fair but that is the way it is. Talk to a migration agent now and his employer to work out the best strategy. Start preparing for a PR application now. Look for stat decs from previous bosses, colleagues and clients for the company that is no longer around. More is better than less. Aim to apply before March 2018. No point in waiting around to see what might happen. 1 Quote Link to comment Share on other sites More sharing options...
Starrynight Posted July 30, 2017 Author Share Posted July 30, 2017 On 29/07/2017 at 16:51, Collie said: IMO - don't hope for/rely on grandfathering. You're right, it's not fair but that is the way it is. Talk to a migration agent now and his employer to work out the best strategy. Start preparing for a PR application now. Look for stat decs from previous bosses, colleagues and clients for the company that is no longer around. More is better than less. Aim to apply before March 2018. No point in waiting around to see what might happen. Thanks but it would have to be in before September which is just over 4 weeks away. We haven't even done a skills assessment yet, so I think we have no choice but to leave it and wait Quote Link to comment Share on other sites More sharing options...
Collie Posted July 30, 2017 Share Posted July 30, 2017 1 hour ago, Starrynight said: Thanks but it would have to be in before September which is just over 4 weeks away. We haven't even done a skills assessment yet, so I think we have no choice but to leave it and wait Sorry - why does it need to be in before Sept? AFAIK you have until 1 March 2018 Quote Link to comment Share on other sites More sharing options...
Starrynight Posted August 25, 2017 Author Share Posted August 25, 2017 Sorry for the delay, I haven't been on here for a while. It has to be in before his 45th birthday as the age limit has been changed from 50 to 45. Quote Link to comment Share on other sites More sharing options...
Starrynight Posted August 25, 2017 Author Share Posted August 25, 2017 On 30/07/2017 at 21:04, Collie said: Sorry - why does it need to be in before Sept? AFAIK you have until 1 March 2018 It is his 45th birthday in September and you have to be 44 when the application is submitted. Sorry for the delayed reply. Quote Link to comment Share on other sites More sharing options...
SJB123 Posted September 16, 2017 Share Posted September 16, 2017 Hi Starry night, We are in the exactly the same position as you, my husband is primary applicant on our 457 and aged 46..we came over in December 2016, so we wont hit the 2 year requirement till December 2018. My husbands job is on the MLTSSL and he has a permanent job contract with his employer, we have spent our life savings, sold our house, car, and everything else getting over here and if we had to return to the UK we would have to start all over again with nothing, for what, the difference of 9 months??? We knew that PR wasnt guaranteed but thought we had a decent chance of getting it, but now its increasingly unlikely it will happen. We have started a petition on the change.org site in the hope that our case will be looked at. Please go to the link below and sign it if you can, and forward it to as many people as possible. I wish you and your family all the best and hope all existing 457 visa holders get the chance for PR, regardless of their situation http://chn.ge/2w3hPqY Quote Link to comment Share on other sites More sharing options...
SJB123 Posted September 16, 2017 Share Posted September 16, 2017 Before anyone asks, direct entry wasnt possible for us before July 1st Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 16, 2017 Share Posted September 16, 2017 44 minutes ago, SJB123 said: Hi Starry night, We are in the exactly the same position as you, my husband is primary applicant on our 457 and aged 46..we came over in December 2016, so we wont hit the 2 year requirement till December 2018. My husbands job is on the MLTSSL and he has a permanent job contract with his employer, we have spent our life savings, sold our house, car, and everything else getting over here and if we had to return to the UK we would have to start all over again with nothing, for what, the difference of 9 months??? We knew that PR wasnt guaranteed but thought we had a decent chance of getting it, but now its increasingly unlikely it will happen. We have started a petition on the change.org site in the hope that our case will be looked at. Please go to the link below and sign it if you can, and forward it to as many people as possible. I wish you and your family all the best and hope all existing 457 visa holders get the chance for PR, regardless of their situation http://chn.ge/2w3hPqY I do feel for you and your family, but as someone that was on a 457 can't sympathise. The 457 has a big clue in the title. Temporary. Even without these changes there are many reasons that could have prevented you from gaining PR such as the occupation being removed. If you look through the forum the overwhelming advice has always been to 457 holders to assume you will return at the end of the visa and not seek homes. Quote Link to comment Share on other sites More sharing options...
Starrynight Posted September 18, 2017 Author Share Posted September 18, 2017 On 17/09/2017 at 01:00, SJB123 said: Hi Starry night, We are in the exactly the same position as you, my husband is primary applicant on our 457 and aged 46..we came over in December 2016, so we wont hit the 2 year requirement till December 2018. My husbands job is on the MLTSSL and he has a permanent job contract with his employer, we have spent our life savings, sold our house, car, and everything else getting over here and if we had to return to the UK we would have to start all over again with nothing, for what, the difference of 9 months??? We knew that PR wasnt guaranteed but thought we had a decent chance of getting it, but now its increasingly unlikely it will happen. We have started a petition on the change.org site in the hope that our case will be looked at. Please go to the link below and sign it if you can, and forward it to as many people as possible. I wish you and your family all the best and hope all existing 457 visa holders get the chance for PR, regardless of their situation http://chn.ge/2w3hPqY Hi, Thanks for the message. I know... it is just awful. Certain people on here keep preaching it's a temporary visa and disregarding the fact it had a route attached to it!! It makes me so angry that these people continue to comment (not helpful), when it is obvious we had a genuine pathway that has been changed mid way through. If the job came off the list then maybe I would accept and understand, but changing the age limit is something different. We were, and still are, sure this will resolve itself, so stay positive and think of this as a glitch that will come to light and be honoured before it passes through parliament!!! Keep in touch. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 18, 2017 Share Posted September 18, 2017 Sorry, but there was never a true path from a 457 to PR. You had to apply for - and be eligible - for a totally new visa. All the 457 allowed was that a person applying via company sponsored PR would need a skills assessment if they worked for two years for an employer. I doubt they will raise the age ceilings again, in fact if anything it looks like more restrictions are coming in including a possible age ceiling for 457 visas of 45. Quote Link to comment Share on other sites More sharing options...
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