457 to residency

[sunshinedawn]

Is there anyway that we can apply for residency while we're on a 457 visa. We've just recently arrived here and have been told we can apply for it. Is this true?

[Nemesis]

1 minute ago, sunshinedawn said:

 

Is there anyway that we can apply for residency while we're on a 457 visa. We've just recently arrived here and have been told we can apply for it. Is this true?

Assuming that by "residency" you mean PR, then yes, you can apply for it whenever you are eligible.

[sunshinedawn]

Assuming that by "residency" you mean PR, then yes, you can apply for it whenever you are eligible.

Yes sorry it's P.R. how do we go about it. Sorry to be do vague only been in Oz for a month so just getting head around everything.

[Peach]

To get PR, you'll need to find a permanent visa which you are eligible for, pay the fee, submit an expression of interest and jump though all the hoops (skills assessment, language test etc).

[VERYSTORMY]

The majority of people on the forum have pr never haven any previous visa.

It will depend though on your occupation and ability to pass the skills assessment as there are a number of occupations eligible for a 457 but not eligible for any pr visa. Also depends on age.

if you can tell us the following:

Occupation

Qualifications and experience

Age

[Samson]

You can be sponsored under ENS Direct Entry providing you meet all the requirements, The main reason people who are on a 457 do not normally do Direct Entry I would assume is the inability to obtain a Skills Assessment which would be required for the Direct Entry Route. 

Other issues are under 45, occupation needs to be on the MTLSSL list. Company need pay some $$$ and agree, however its an option.. 

http://www.border.gov.au/Trav/Visa-1/186-

 

[sunshinedawn]

The majority of people on the forum have pr never haven any previous visa.
It will depend though on your occupation and ability to pass the skills assessment as there are a number of occupations eligible for a 457 but not eligible for any pr visa. Also depends on age.
if you can tell us the following:
Occupation
Qualifications and experience
Age

Verystormy
Husband's job is classed a motor assessor on the visa, he's been with the UK side of the company for 2.5yrs, over here since beginning of November and he's 45. Hope you can advise if we have a chance of getting P.R.

[VERYSTORMY]

I am afraid I am not hopeful. First, the occupation seems to be no longer on the list. Second, pretty much all routes to pr have been closed to anyone over 45.

I would run your case past a good registered migration agent to get a professional opinion and if you send me a private message (in case I forget) I will send details of some of our members who are respected agents who do free assessments. But, at the moment I would say you should be prepared that you will be returning to the UK at the end of the visa

[sunshinedawn]

Well we'll just enjoy our time whilst we are here, unless my husband's company extend his visa.

[teanel]

Hi,

I am in 2 minds whether to take on my current job offer after reading your post.  I also have a 457 visa (age 49).  It has taken 2 years to obtain my visa.  Now I am wondering if it is worth it uprooting my family to a country where there will be no PR granted.  I have tried to contact a migration agent, to see if there are any mitigation circumstances that can be taken into consideration as I first applied for my Visa November 2015.  I am not optimistic though. Very frustrating.

[Quoll]

9 minutes ago, teanel said:

Hi,

I am in 2 minds whether to take on my current job offer after reading your post.  I also have a 457 visa (age 49).  It has taken 2 years to obtain my visa.  Now I am wondering if it is worth it uprooting my family to a country where there will be no PR granted.  I have tried to contact a migration agent, to see if there are any mitigation circumstances that can be taken into consideration as I first applied for my Visa November 2015.  I am not optimistic though. Very frustrating.

You’re well over 45 and Immigration dont much care about what, in your mind, might be mitigating circumstances. There’s a chap singing a sob story in the Guardian this week because he thinks he’d like to stay with his family but his 457 is coming to an end and he’s too old and his occupation removed. If you accept that a temporary visa is only ever going to be temporary you can spend some time on an adventure.

[teanel]

HI Quoll,

Thanks for your reply.  I have been trying to read as much as I can to understand the new process.  Does it matter if I applied for my visa 18 months ago, or is the the fact that I am too old.... I can at least spend 4yrs in my sponsored position I suppose.  .....very disappointimg though. I thought I would have been informed prior to my visa being granted in October where I could have the option to decline.

[Nemesis]

29 minutes ago, teanel said:

HI Quoll,

Thanks for your reply.  I have been trying to read as much as I can to understand the new process.  Does it matter if I applied for my visa 18 months ago, or is the the fact that I am too old.... I can at least spend 4yrs in my sponsored position I suppose.  .....very disappointimg though. I thought I would have been informed prior to my visa being granted in October where I could have the option to decline.

You are too old. The rules changed last year to make PR skills visas capped at age 45. Its not the responsibility of the immigration department to advise every applicant of the rules of every other visa- that would be impossible. They just grant the visa you applied for (if you are lucky) and then its up to you whether you use it, apply for something else, etc.

The change was well publicised in the media and on forums like this.

[imthedave]

If you held a 457 on 18th April 2017 (before the changes came in), then certain be conditions don’t apply like age and length of time before applying for PR.
If the attached images aren’t clear, search for ‘Fact Sheet Two Australian Immigration’
Key points are under each section.

Sorry, I can’t post a link for some reason.
This affects me too but I’ve been told the attached rules apply and have a PR application in. Had nomination approved and waiting for the visa.
I’m currently on a 4 year 457 with my job on the long term list and I’m 48 now.

If you actually get PR, I don’t think there is an age limit on citizenship. That’s down to time spent (I think)

[DianaK]

I was just wondering - if you currently hold a 457 will you be affected by the changes to Residency requirement from March 2018? Meaning, do you have to wait two or three year before you are eligible for PR?

[Raul Senise]

16 hours ago, DianaK said:

I was just wondering - if you currently hold a 457 will you be affected by the changes to Residency requirement from March 2018? Meaning, do you have to wait two or three year before you are eligible for PR?

It depends on when your subclass 457 visa was lodged.

[sunshinedawn]

Our 2yr 457 visa was granted august 2017 is there any chance of residency. Or can the company apply again before it ends in august 2019?

[DianaK]

46 minutes ago, Raul Senise said:

It depends on when your subclass 457 visa was lodged.

Lodged end of May and granted beginning of June 2017. Applicant was 46 years old at the time.

[sunshinedawn]

Our visas were lodged beg of august 2017 and granted 30 august. Both of us are 45

[Lopezjose7]

On 02/01/2018 at 08:02, imthedave said:

If you held a 457 on 18th April 2017 (before the changes came in), then certain be conditions don’t apply like age and length of time before applying for PR.
If the attached images aren’t clear, search for ‘Fact Sheet Two Australian Immigration’
Key points are under each section.

 

Hey Dave,

I'm currently on 457 with my work place and have held this since June 2016.  My work place HR department are in talks with immigration officer who is adamant that I'm still going to be affected and will have to work with the company for 3 years under this 457 before being able to apply for PR.

I just wanted to check, and maybe i've missed this somewhere, but are you able to assist in pointing out where it says this?

I know I'm going to press submit reply and then find it a few mins later and look like a fool! 

[Lopezjose7]

19 minutes ago, Lopezjose7 said:

Hey Dave,

I'm currently on 457 with my work place and have held this since June 2016.  My work place HR department are in talks with immigration officer who is adamant that I'm still going to be affected and will have to work with the company for 3 years under this 457 before being able to apply for PR.

I just wanted to check, and maybe i've missed this somewhere, but are you able to assist in pointing out where it says this?

I know I'm going to press submit reply and then find it a few mins later and look like a fool! 

Found it.... just like I said  haha

[imthedave]

Hey Dave,
I'm currently on 457 with my work place and have held this since June 2016.  My work place HR department are in talks with immigration officer who is adamant that I'm still going to be affected and will have to work with the company for 3 years under this 457 before being able to apply for PR.
I just wanted to check, and maybe i've missed this somewhere, but are you able to assist in pointing out where it says this?
I know I'm going to press submit reply and then find it a few mins later and look like a fool! [emoji5]

To be honest, my MA has said a lot of immigration case officers are not fully up to speed with all the changes.
I’m no expert by any means. I’m in the same boat as you. My MA is very good and whenever an issue comes up, he finds the relevant legal document issued by immigration and quotes their rules back to them.
So far, it’s worked every time.

I’d really suggest using a good agent. Don’t rely on your own company to do it.

The document I attached was issued and can be found on the border immigration website.
It’s pretty clear.
If your case officer is saying something different, send him their own document and question it (respectfully!)

[Lopezjose7]

Thanks! that's exactly what I've done (well tomorrow anyway).

Unfortunately, I have mentioned using another agent before, especially after seeing their prices! and the response time was pretty poor too.  But of course, the company have used the agents for a number of years and want to keep that relationship.

Let's see what happens when I pass on this info.

 

Thanks again, really appreciate it.

[Raul Senise]

The Department has announced that applicants who lodged or held a subclass 457 visa prior to the announced changes on 18 April 2017 will only need to meet the current 2 years for TRT and the current age maximum of under 50 will apply. Applications lodged after 18 April 2017 will need to meet new 3 year TRT rules and be under 45.

[sunshinedawn]

The Department has announced that applicants who lodged or held a subclass 457 visa prior to the announced changes on 18 April 2017 will only need to meet the current 2 years for TRT and the current age maximum of under 50 will apply. Applications lodged after 18 April 2017 will need to meet new 3 year TRT rules and be under 45.

So there's no chance that we can stay after our visa expires next year