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Guest RalphD

Is Provisional classed as Permenant?

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Guest RalphD

You'll have to forgive me but I have got my thick head on this morning!!:goofy:

 

I am applying for a 475 Provisional visa and have been checking out the job prospects in SA.

 

In most ads it say must be permanent resident, does this apply to me or not? I am guessing it does but not sure

 

Thanks in advance.

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Guest Gollywobbler

Hello Ralph

 

Welcome to Poms in Oz.

 

You have asked a very good question. In your shoes, I would contact the SA State Migration people and ask for a letter from them confirming that a prospective employer in SA should regard you as a Permanent Resident. If you send them a copy of the job adverts and explain the conundrum, they would have every reason to help. That ought to do the trick with an employer, I would have thought.

 

With employers, I would take a robust line and say that yes, you have PR because a 475 visa is a provisional visa, not a temporary visa and there is a reason for the difference in terminology.

 

I'd be inclined to print the following pages from the DIAC website ready to show to a possible employer if need be:

 

Skilled – Regional Sponsored (Provisional) visa (subclass 475)

 

General Skilled Migration

 

You might want to print the basics of whichever of the subclass 857 or 887 visas might become relevant to you as well.

 

A 457 visa does not work in the same way. It can only ever be a temporary visa. Sure, somebody can apply for a different, permanent, visa which - if granted - would cancel the 457 visa but the legislation does not contain a clear pathway for progression to PR in the way that the 475 visa does.

 

The holder of a subclass 475 visa is not asking an Aussie employer to do anything except give him a job. The employer does not have to jump through any hoops in order to get the employee into Oz. He does not have a duty to repatriate the employee in the event that the job does not work out well for both sides. From the employer's point of view there is no difference between hiring the holder of a SC 475 visa or the holder of a SC 175 visa. But there is a world of difference in asking the same employer to sponsor someone for a 457 visa as part of the process of hiring the person concerned.

 

In Employment Law terms in Oz, my hunch is that you are indistinguishable from the holder of a PR visa, my friend.

 

Best wishes

 

Gill

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Dont be put off by a lack of response to job applications whilst your in the uk, they do take you more seriously when your actually in the country,we got next to no response when e-mailing from the uk. Id ask state migration for a letter like Gill says and include it with all your applications. Good luck

Cal x


If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place...

If you get a chance,take it, If it changes your life,let it. Nobody said it would be easy they just said it would be worth it...

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Guest RalphD

Thanks all for your help.

 

I thought you would point me in the right direction

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Guest gemmahey

Hi

Can I just ask may seem like a silly queastion, but I have the spouse visa which is valid for 2 years and then permanent residancy if the situation is still the same.

When I look at opening a bank account and jobs it states MUST HAVE RESIDENCY, I have got the visa for 2 years is this classed as residency?

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Guest Gollywobbler
Hi

Can I just ask may seem like a silly queastion, but I have the spouse visa which is valid for 2 years and then permanent residancy if the situation is still the same.

When I look at opening a bank account and jobs it states MUST HAVE RESIDENCY, I have got the visa for 2 years is this classed as residency?

 

Hello Gemma

 

As far as jobs and bank accounts go, I haven't heard of anyone on a spouse/partner visa having any problems with those.

 

Stuju would be a good person to check with since she is on a temporary Spouse visa I think:

 

PomsInOz Forum - View Profile: Stuju

 

Temporary Residency is Residency. Secondary holders of 457 visas (eg the wives of Temporary skilled Residents) do not seem to have any problems with jobs & bank accounts either. Similarly, I wouldn't expect RalphD and his family to report any problems on these scores.

 

Hope this helps.

 

Best wishes

 

Gill

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