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SJB123

Existing 457 visa holder aged 46 - grandfathering conditions??

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    We moved to Australia from the UK last December on a 457 visa with my husband as primary applicant. We had planned on applying for permanent residency after 2 years cos hubby has a permanent job contract here. Then after 4 months the immigration rules changed and it seems that on paper we are no longer eligible for PR due to my husbands age. Please tell us there is some kind of grandfathering or exemption rule for people in our situation??
     
    We have started a petition to hopefully get our case looked at and I would be really really grateful if you could have a look at it and sign it if you can, also if you could forward it to family, friends, neighbours, anyone you can think of to sign too. Go to

     

    Thank you in advance :)

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    At the moment I don't believe so. However the system is going to get some refinement in March when the 457 replacement is announced.

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    5 minutes ago, VERYSTORMY said:

    At the moment I don't believe so. However the system is going to get some refinement in March when the 457 replacement is announced.

    This from https://migrationdownunder.com/457-visa-changes/

    Existing 457 visa holders are unaffected by the change and can continue to apply for permanent residency after two years of employment with the same employer via the Temporary Resident Transition stream.

    Is this not grandfathering rights for existing 457 visa holders??

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    No, as the age conditions have already been implemented. However, I would run this past a good migration agent as when the age limit was 50, there were still some exceptions that allowed some over 50"s to obtain PR and it isn't clear which (if any) exist now.

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    No, as the age conditions have already been implemented. However, I would run this past a good migration agent as when the age limit was 50, there were still some exceptions that allowed some over 50"s to obtain PR and it isn't clear which (if any) exist now.

    Can you claim an exemption if you earn over 136k per annum?

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    That is one of the grey areas / exemptions that is unknown at the moment. My personal guess based on a fair few years and three visas and a implication to apply the 45 year age limit to 457 visas is that they will either abandon it or shift the limit significantly higher. I suspect the later allowing the CEO level of blue chip companies options but severely limiting others - The 457 and migration generally is a big political hot potato. All migration is a political issue the will result in changes.

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    That is one of the grey areas / exemptions that is unknown at the moment. My personal guess based on a fair few years and three visas and a implication to apply the 45 year age limit to 457 visas is that they will either abandon it or shift the limit significantly higher. I suspect the later allowing the CEO level of blue chip companies options but severely limiting others - The 457 and migration generally is a big political hot potato. All migration is a political issue the will result in changes.

    Yeah I suspect you may be right as 136K isn’t overly high

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    4 minutes ago, Mcguinnessp1968 said:


    Yeah I suspect you may be right as 136K isn’t overly high

    Migration is a major political issue and has been for a while with everyone from the right to the unions on far left demanding big cuts. I used to walk through union protesters at the airport every week. Occasionally I would explain to one how this 457 had discovered a gold deposit that will employ 2000 Australian workers for decades. But they weren't bothered.

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      • By SJB123
        We moved to Australia from the UK last December on a 457 visa with my husband as primary applicant. We had planned on applying for permanent residency after 2 years cos hubby has a permanent job contract here. Then after 4 months the immigration rules changed and it seems that on paper we are no longer eligible for PR due to my husbands age. Please tell us there is some kind of grandfathering or exemption rule for people in our situation??   We have started a petition to hopefully get our case looked at and I would be really really grateful if you could have a look at it and sign it if you can, also if you could forward it to family, friends, neighbours, anyone you can think of to sign too. Go to https://www.change.org/p/peter-dutton-give-me-the-chance-to-apply-for-pr-from-a-457-visa-granted-before-age-limit-dropped-to-45?recruiter=775352431&utm_source=share_petition&utm_medium=email&utm_campaign=share_email_responsive 
        Thank you in advance 
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