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457 to PR Advice


boo-yaa

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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 :)








 

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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 by Samson
i typed more info
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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.....

 

 

 


 

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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.

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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?

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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.

 

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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.

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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!

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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.

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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 

IMG_1986.PNG

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.

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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.

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