boo-yaa Posted August 28, 2017 Share Posted August 28, 2017 Me and my Wife moved to Australia on her 457 Visa. I managed to find a job pretty quickly and have been working with them with no restrictions as I'm on my wife's 457 as the second applicant. Recently my wife was made redundant and her 457 subsequently cancelled. Luckily my work were able to put us both on a 457 - which was recently just granted. My question being - can we apply for PR immediately as I have been working in the same position and company for over 2 years? We have been given the below advise: "We have noted that if you are granted a 457 visa as a primary 457 visa holder under this occupation, you will have a pathway to PR under ENS Temporary Residence Transition (TRT) stream immediately as immigration department’s policy currently recognises periods of time spent working with nominating employer before the primary UC-457 visa grant can be counted towards the 2 year work requirement. It is important to note for those nominating an occupation under STSOL wishing to apply for ENS application under TRT stream, that the application must be made before March 2018. We will be working to getting your PR application lodged as soon as your new 457 comes through." Does that seem correct? Thanks in advance Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted August 29, 2017 Author Share Posted August 29, 2017 Anyone? My MA seems to think that time spent on my partners 457 visa will count towards the 2 year total as I was still working with my employer in the same role that I have just been approved a 457 for. Quote Link to comment Share on other sites More sharing options...
Samson Posted August 29, 2017 Share Posted August 29, 2017 (edited) No, you will need to be on your own 457 visa with the same company for 2 years, with the new changes you will not make the march deadline That is for the TRT stream anyway. The Direct entry is possible with a Skills Assessment. Edited August 29, 2017 by Samson i typed more info Quote Link to comment Share on other sites More sharing options...
Samson Posted August 29, 2017 Share Posted August 29, 2017 However you can use the work as experience. Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted August 29, 2017 Author Share Posted August 29, 2017 Thanks for your input Samson. My agent still insists that I can still apply immediately using the TRT Route. They respected worldwide company who I trust, so it seems odd that they would provide me with faulse information. I'm going to phone them to probe them on this. I had a quick a look on http://www.border.gov.au and found the following under "Temporary Residence Transition stream"..... "The period of time already worked with the previous subclass 457 visa standard business sponsor might be considered towards the two-year requirement of the Temporary Residence Transition stream only in those cases where you are able to demonstrate that the nominated person has been working in the same role, with the same employer and in the same location for the whole two years they held their subclass 457 visa." Maybe this paragraph is what my Agent is looking at??? Ill report back when I speak to them..... Quote Link to comment Share on other sites More sharing options...
calNgary Posted August 29, 2017 Share Posted August 29, 2017 Just make it very clear to the agent that it wasnt your 457 visa but your wife's and see if things change. If you are still unsure call another agent and check with them. Cal x Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted August 29, 2017 Author Share Posted August 29, 2017 Thanks CalNgary, I will do. They should already know that however as they were fully aware of our situation and this was their strategy to get us on PR. I will see what they say..... 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted August 30, 2017 Share Posted August 30, 2017 On 28/08/2017 at 12:14, boo-yaa said: Me and my Wife moved to Australia on her 457 Visa. I managed to find a job pretty quickly and have been working with them with no restrictions as I'm on my wife's 457 as the second applicant. Recently my wife was made redundant and her 457 subsequently cancelled. Luckily my work were able to put us both on a 457 - which was recently just granted. My question being - can we apply for PR immediately as I have been working in the same position and company for over 2 years? We have been given the below advise: "We have noted that if you are granted a 457 visa as a primary 457 visa holder under this occupation, you will have a pathway to PR under ENS Temporary Residence Transition (TRT) stream immediately as immigration department’s policy currently recognises periods of time spent working with nominating employer before the primary UC-457 visa grant can be counted towards the 2 year work requirement. It is important to note for those nominating an occupation under STSOL wishing to apply for ENS application under TRT stream, that the application must be made before March 2018. We will be working to getting your PR application lodged as soon as your new 457 comes through." Does that seem correct? Thanks in advance The advice that you have been given by your Agent is correct. 2 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted August 30, 2017 Share Posted August 30, 2017 On 29/08/2017 at 14:40, Samson said: No, you will need to be on your own 457 visa with the same company for 2 years, with the new changes you will not make the march deadline That is for the TRT stream anyway. The Direct entry is possible with a Skills Assessment. This is not true and your advice is incorrect. I am curious on what authority or experience you are giving such incorrect advice? Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted August 30, 2017 Share Posted August 30, 2017 On 29/08/2017 at 16:22, boo-yaa said: Thanks for your input Samson. My agent still insists that I can still apply immediately using the TRT Route. They respected worldwide company who I trust, so it seems odd that they would provide me with faulse information. I'm going to phone them to probe them on this. I had a quick a look on http://www.border.gov.au and found the following under "Temporary Residence Transition stream"..... "The period of time already worked with the previous subclass 457 visa standard business sponsor might be considered towards the two-year requirement of the Temporary Residence Transition stream only in those cases where you are able to demonstrate that the nominated person has been working in the same role, with the same employer and in the same location for the whole two years they held their subclass 457 visa." Maybe this paragraph is what my Agent is looking at??? Ill report back when I speak to them..... The advice from your Agent is correct as per the latest Policy interpretation of the Regulations. The advice from Samson is incorrect and I am not sure where they are getting their information from. Be mindful that the Immigration environment is very dynamic and changing at the moment and you should be weary taking advice from anyone who is not trained and up to speed with the Regulations and Policy. 2 Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted August 31, 2017 Author Share Posted August 31, 2017 1 hour ago, Raul Senise said: The advice from your Agent is correct as per the latest Policy interpretation of the Regulations. The advice from Samson is incorrect and I am not sure where they are getting their information from. Be mindful that the Immigration environment is very dynamic and changing at the moment and you should be weary taking advice from anyone who is not trained and up to speed with the Regulations and Policy. Thank you very much for your input Raul, very much appreciated. I understand the environment is very dynamic and subject to change. I'm liaising directly with my MA. Appreciate your help. Quote Link to comment Share on other sites More sharing options...
Samson Posted September 1, 2017 Share Posted September 1, 2017 Sorry folks My bad.. At least my incorrect info annoyed a MA enough to reply ;-) Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 1, 2017 Share Posted September 1, 2017 On 8/31/2017 at 09:07, Raul Senise said: The advice from your Agent is correct as per the latest Policy interpretation of the Regulations. The advice from Samson is incorrect and I am not sure where they are getting their information from. Be mindful that the Immigration environment is very dynamic and changing at the moment and you should be weary taking advice from anyone who is not trained and up to speed with the Regulations and Policy. Thanks Raul, I must admit I would have thought the same as Samson as I thought you needed to be the primary holder of a 457 for 2 years although I'm not sure exactly why I thought that. When I think of the wording (on the DIBP website) I think it simply says you must have worked in your nominated occupation while holding a 457 visa for 2 years, so I guess that includes being a dependent. Good to know! Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 1, 2017 Share Posted September 1, 2017 10 minutes ago, MaggieMay24 said: Thanks Raul, I must admit I would have thought the same as Samson as I thought you needed to be the primary holder of a 457 for 2 years although I'm not sure exactly why I thought that. When I think of the wording (on the DIBP website) I think it simply says you must have worked in your nominated occupation while holding a 457 visa for 2 years, so I guess that includes being a dependent. Good to know! It was previously a grey area but has been clarified with specif Policy identifying the exact situation detailed by the OP. Quote Link to comment Share on other sites More sharing options...
Samson Posted September 1, 2017 Share Posted September 1, 2017 I just wanted to add before leaving my comment I read the attached from gov website first! Quote 457 as the primary holder Quote Link to comment Share on other sites More sharing options...
boo-yaa Posted September 1, 2017 Author Share Posted September 1, 2017 38 minutes ago, Samson said: I just wanted to add before leaving my comment I read the attached from gov website first! Quote 457 as the primary holder Yeah all that is correct however it also allows for....."The period of time already worked with the previous subclass 457 visa standard business sponsor might be considered towards the two-year requirement of the Temporary Residence Transition stream only in those cases where you are able to demonstrate that the nominated person has been working in the same role, with the same employer and in the same location for the whole two years they held their subclass 457 visa." ^ Taken from Gov Website. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 3, 2017 Share Posted September 3, 2017 On 01/09/2017 at 16:15, Samson said: I just wanted to add before leaving my comment I read the attached from gov website first! As has been stated many times on the forum, information on the Immigration Department website is not always correct or up to date. More importantly, the Immigration Website is a very basic summary of the Regulations and Policy. It is not a complete or comprehensive reflection of the actual Law. To adamantly tell the OP that their Agent is wrong, because you have read a one page summary, is no excuse. 1 Quote Link to comment Share on other sites More sharing options...
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