482 visa and husband question

[birdy990]

Hi Everyone, 

I have been offered a job in Australia with the company offering sponsorship for myself, my husband and my daughter. 
We are going to be making the move in January but my husband has a few things that need to be tied up here in the UK with his business and will have to travel back here to the UK for a while whilst me and my daughter stay over in Australia.

my question is, is there a maximum amount of time my husband can stay out of the country before it affects his visa? Does he have to to stay in Australia for a minimum amount of time for him to qualify for PR or is it just reliant on me staying with my employer for two years to qualify for PR after the qualifying period?

Thanks

[paulhand]

4 hours ago, birdy990 said:

Hi Everyone, 

I have been offered a job in Australia with the company offering sponsorship for myself, my husband and my daughter. 
We are going to be making the move in January but my husband has a few things that need to be tied up here in the UK with his business and will have to travel back here to the UK for a while whilst me and my daughter stay over in Australia.

my question is, is there a maximum amount of time my husband can stay out of the country before it affects his visa? Does he have to to stay in Australia for a minimum amount of time for him to qualify for PR or is it just reliant on me staying with my employer for two years to qualify for PR after the qualifying period?

Thanks

There is no guaranteed pathway to PR after 2 years on a 482 visa. 

[birdy990]

7 hours ago, paulhand said:

There is no guaranteed pathway to PR after 2 years on a 482 visa. 

“According to the government’s announcement, all subclass 482 visa holders – including those in short-term occupations – will soon be eligible to seek permanent residency through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa. Applicants will need to continue to work in the occupation nominated for their TSS visas, but occupations will not be limited to the government’s Medium and Long-term Strategic Skills List (MLTSSL).

The government will also reduce eligibility for the TRT stream from three years to two years employment with the sponsoring employer. Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.”

Whilst it may well not be a guarantee… respectfully that was not my question

[paulhand]

6 hours ago, birdy990 said:

Whilst it may well not be a guarantee… respectfully that was not my question

Your question was phrased as if it were and because these proposed changes are only a statement of intent, there is no legislation published and therefore there is no firm answer to your question. In current legislation, there are no residence requirements for family members of 482 holders. 

[Marisawright]

On 29/10/2023 at 23:30, birdy990 said:

Hi Everyone, 

I have been offered a job in Australia with the company offering sponsorship for myself, my husband and my daughter. 
We are going to be making the move in January but my husband has a few things that need to be tied up here in the UK with his business and will have to travel back here to the UK for a while whilst me and my daughter stay over in Australia.

my question is, is there a maximum amount of time my husband can stay out of the country before it affects his visa? Does he have to to stay in Australia for a minimum amount of time for him to qualify for PR or is it just reliant on me staying with my employer for two years to qualify for PR after the qualifying period?

Right now, we have no idea.  Under the current 482 conditions, it wouldn't matter.  However when the new changes come into effect, they are likely to have different conditions attached, and there's been no indication what they might be.    The best advice, when considering a 482, has always been to budget/plan on the basis that it's a great opportunity to have a few years' adventure in Australia, and that you'll be coming home at the end of the contract (because there are so many things that can go wrong).  If you get the opportunity for PR at the end, it's a bonus.

Edited October 30, 2023 by Marisawright