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457 to permanent


Guest billy braveheart

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Guest billy braveheart

Hope someone can help !

I have been offered a job in perth on a 457 my question is-how soon after arriving can we apply for a permanent visa and the cost? I turned 45 last november otherwise i would have applied under a skilled 136 class (bricklayer) As many of you know its a big step to sell up everything in the uk and move only to be chucked out after 4 years any help appreciated

Billy

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Guest Gollywobbler

Hi Billy

 

I am bumping this thread back up to teh top in the hope that one of the Agents will be able to offer you some concrete advice.

 

In the meantime, please see the following link:

 

http://www.immi.gov.au/skilled/skilled-workers/index.htm

 

Swot up on the criteria for ENS, I suggest, plus RSMS if you are going to be working in a regional area. My suspicion is that you really want to insist that it is a term of your contract of employment that the employer will sponsor you for one or the other, sooner rather than later.

 

Beyond that, I don't know enough about the intricacies of these visas to help.

 

Best wshes

 

Gill

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Guest JoanneHattersley
Hope someone can help !

I have been offered a job in perth on a 457 my question is-how soon after arriving can we apply for a permanent visa and the cost? I turned 45 last november otherwise i would have applied under a skilled 136 class (bricklayer) As many of you know its a big step to sell up everything in the uk and move only to be chucked out after 4 years any help appreciated

Billy

 

Hey there

 

I am in QLD and came over on a 457. After 2 years you can apply for permenent residency. Costs for us were as follows:

 

VISA COST: $1990 for both of us

medicals $700

Extra Drs Visits - $45 each

i had to see consultant at hospital which added on another $500

Both my husband and I had to have more tests following the medicals.

Blood tests - $100

Other pathology - $150

 

Its a big payout , of course with no guarantee that they will say yes or no but well worth it when you get that all important email and label in your passport!

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Guest Gollywobbler

Hi Johatts

 

I believe that you may not have had to wait for the full two years before starting the process for the PR visas? Did you get an ENS or a skilled 136 in the end, please?

 

Also, was it a condition of your employment that your employer would sponsor you for ENS if required to?

 

On Billy's behalf, I am trying to get a feel for what the "norm" is in a situation like this. Billy is going to go to Australia if I have to row the boat there myself!!!!

 

Many thanks

 

Gill

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Guest JoanneHattersley
Hi Johatts

 

I believe that you may not have had to wait for the full two years before starting the process for the PR visas? Did you get an ENS or a skilled 136 in the end, please?

 

Also, was it a condition of your employment that your employer would sponsor you for ENS if required to?

 

On Billy's behalf, I am trying to get a feel for what the "norm" is in a situation like this. Billy is going to go to Australia if I have to row the boat there myself!!!!

 

Many thanks

 

Gill

 

ENS in the end.

Employee did sponsor me but that has not tied me to my employer.

EMail me if u wanna know more and I`ll go into more depth!

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Guest Gollywobbler

Hi Billy

 

I've been doing some research to see what I can discover for you. I am hearing that it is difficult to prove that a skilled tradesman is essential to the running of a business and that he canot be replaced by somebody under 45. Obviously, the more regional" the area, the less easy it is to persuade people to live there, so it might be easier to coax DIAC in an RSMS situation. Then again, I shouldn't think a huge amount of building is going on in some of the more remote parts of Oz.

 

If you go on a 457 visa you will be taking a risk that it will never be possible to upgrade to PR.

 

I think it would definitely be safer if you can insist on ENS or RSMS straightaway. I f DIAC were to refuse, arguuing that the case is not exceptional enough, you will have lost the money for their fees and Agents' fees if you use one (which I would in your shoes) but at least you wouldn't be thousands of miles away and faced with the prospect of having to come back.

 

Also, have you checked the statutory minimum wage for a bricklayer pn a 457 visa? There is a LOT of criticism of this visa, based on the idea that it is a way of using cheap, imported labour and paying the workers rates which an Australian bricklayer would not be prepared to accept.

 

Tread very, very carefully my friend and get professional advice, I recommend.

 

For the statutory minimum wage, please see here:

 

http://www.immi.gov.au/skilled/skilled-workers/sbs/index.htm

 

If you plough through the links you will find one to the minimum wage, which I think is about $41,000 (but it drops to about $37,000 for an employer in a regional or low-growth area..) Assuming that you get $41,850 or whatever it is, I am told that this would be about $32,000 after Tax. You would not be able to claim Family Tax Benefit, which a PR on that sort of wage would be able to get. Don't be seduced by today's attractve exchange rate, either, because it does fluctuate wquite a lot. DIAC assume $2 to £1 which, over time, is probably a pretty safe assumption.

 

Your wife would really have to work full-time as well, I suspect, in order for your family to have a reasonable standard of living, and do bear in mind that housing in Perth is expensive to buy at the moment.

 

Be aware and be wary, my friend. Why don't they want to sponsor you for ENS or RSMS straightaway? That would be a much better, safer option for you, it would seem.

 

Best wishes

 

Gill

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Guest Gollywobbler

Hi Billy

 

There are some very kind Registered Migration Agents around who are willing to help people for free where they can, by providing general advice. They can't be too specific about any particular case without direct, one-to-one contact with the person concerned, for which they expect a fee, which is reasonable.

 

I asked one of the RMAs I know to take a look at your thread for us.

 

He has very kindly replied, suggesting that I send you the following links:

 

http://www.immi.gov.au/allforms/pdf/1054.pdf

 

http://www.immi.gov.au/allforms/pdf/785.pdf

 

These information forms provide more of a clue than the main website does about when an applicant who is over 45 might be considered "excetiopnal" enough to be considered for an RSMS or ENS visa.

 

After reading the two forms, I think you should be extremely cautious about the 457 visa. I really do, because it looks as if it might be impossible (or at any rate almost so) for you to upgrade to ENS or RSMS after a couple of years.

 

I think your chances of getting either of the permanent visas would probably be a lot higher if you were to go for one of them now, while you are still only a shade above 45. Of course, that means finding an employer who is willing to go the extra mile for you but I think you would be taking a grave risk if you were to settle for anything less than ENS or RSMS right away.

 

Tread very carefully, my friend. I think you really ought to be using an Agent, myself. Preferably one with hands-on experience of the particular issues facing you. Are you using an Agent, and if so, which one?

 

Best wishes

 

Gill

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Hope someone can help !

I have been offered a job in perth on a 457 my question is-how soon after arriving can we apply for a permanent visa and the cost? I turned 45 last november otherwise i would have applied under a skilled 136 class (bricklayer) As many of you know its a big step to sell up everything in the uk and move only to be chucked out after 4 years any help appreciated

Billy

Hi Billy

 

The permanent employer nomination can be applied for immediately you are in Perth if the employer offers you a minimum 3 year contract and can demonstrate that there are exceptional circumstances AND you can get recognition by TRA as a Bricklayer.

 

The two year waiting period is in relation to not requiring your skills recognised - so if you have been in Australia on a 457 for at least 2 years and been employed and sponsored, by the employer wishing to Sponsor you permanently, for at least 1 year - no skills assessment is required.

 

For 45 to 49 year olds, the policy states that exceptional would be if you were essential to the business and the company demonstrates it is not possible to find younger suitable qualified person. Also, if the occupation is on MODL then this is significant support to the employers claim that the position is exceptional.

 

So it all looks OK in theory - I wil lcheck with Perth on how strict they are in practice with this "exceptional" assessment and let you know.

 

Regards

 

 

 

Tony Coates

MARN 0635896

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Guest billy braveheart

Thanks guys for the replies.Im really not sure what to do now for the best.i dont want to sell our home and go only to end up with nothing but im still defo gona get there i was going to use complete migration solutions as agents.i have been offered the job through a uk/oz recruitment company called arpc who seem sure ill get the permanent visa after 3 months? HELP lol

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Hi Billy

 

Can't give any 100% assurances and a recruitment agency can't give you any Visa advice. I can tell you that a permanent visa via Employer Nomination will require you to go through the TRA successfully unless you wait the 2 years. So it may take a few months to sort the TRA and then the ENS with exceptional circumstances. Don't sell the house, unless it suits you to anyway, until you have that Permanent visa in your little mitts. With the current shortage of trades in WA, things are definiotely in yoiur favour.

 

Regards

 

 

Tony Coates

MARN 0635896

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Guest Gollywobbler

Hi Tony

 

Have you managed to get any feedback from the people in Perth yet about what would count as "exceptional" for ENS or RSMS in Billy's case, bearing in mind that he is 45 now and would probably be at least 46 by the time he could go out to Oz on a 457, do the TRA and then be ready to apply for ENS/RSMS?

 

It seems to me that how restrictive, or otherwise, they might be about interpreting whether or not Billy's case is "exceptional" or not has to be at the forefront of his mind.

 

Chers

 

Gill

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Hi Gill

 

Am waiting for a definite answer - I don't think it will be a problem when his occupation is on MODL but I just want to check what the reality is with the PErth office - hopefully I will receive something over-night.

 

Regards

 

 

Tony Coates

MARN 0635896

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Guest billy braveheart

Thanks for all the help really appreciated, Recruitment company reckons i could be in perth by july on a 457 through the company willing to sponsor me,I did ask them about the TRA and they said dont worry about it the employer will sponsor you but alarm bells are starting to ring so my hard earned cash will be staying firmly in my pocket think im gonna send off my TRA this week and go with the company that has offered to get me there on a ENS, may take a little longer but defo worth the wait than to sell everything weve worked so hard for over the years and then lose it

Billy

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Guest Gollywobbler

Hi Billy

 

If it were me, I would DEFO go with the company offering the ENS visa. I think the deal is that you agree to work for that particular employer for two years. After that, you are just as free as if you had gone to Oz on a skilled 136 visa.

 

If for any reason the nomination is not accepted, you would still have the riskier 457 option instead. However, you have so many years of bricklaying experience under your belt and you are still so close to your 45th birthday, plus bricklaying is on the MODL that I think it would be very curmudgeonly of them to refuse the nomination. Tony might hear some good news about this bit anyway.

 

I think I red somewhere that if an Australian complany sponsors you, the processing is quicker than for the skilled 136, though I'm not 100% sure.

 

I'm keeping fingers, toes amd eyes crossed for you, my friend.

 

Cheers

 

Gill :jiggy:

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Good news Billy

 

With the trade shortages on Perth at the moment, the business centre is quite lenient and even applicant's aged 50 - 54 are getting approved as exceptional where the trade is on MODL. 45 ? you are a spring chicken.

 

Regards

 

 

Tony Coates

MARN 0635896

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Guest Gollywobbler

Hi Tony & Billy

 

Tony - thanks for the info from Perth. It really is encouragingto hear that an ENS visa for Billy should not be a problem, so thanks very much for taking the trouble to find out about this.

 

I've got a couple of queries, please, as follows:

 

1. I guess the TRA will take as long as it takes and that nothing can be done about that? Is it right that the TRA people sometimes take anything up to 3 months to approve them?

 

2. I'm sure I have read that ENS visas get processed faster than skilled 136 visas, but is this accurate, please? I'm just wondering what an approximate time-scale might be for Billy's ENS application?

 

3. Once the ball is safely rolling on the ENS application, would it be worth Billy's & the employer's while to get Billy a 457 visa as well whilst they wait for the ENS processing to be done? Or would it be better for both sides to accept that the better visa will take longer to get, and just to plan accordingly?

 

Many thanks

 

Gill

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Hi Gill

 

1 TRA currently taking 2 to 3 weeks - can take 3 months to prepare them depending on what evidence is already held.

 

2 ENS applications are generally processed as quick as possible - initial nomination by employer has to be approved first in the Perth office. When approved, and with the TRA approval, ENS visa can then be lodged and processed as fast as it takes to do the health and character checks.

 

3 - no copmplication if Billy goes out on 457 - maybe worth considering if the TRA preparation looks likely to take a while.

 

Regards

 

 

Tony Coates

MARN 0635896

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Guest Gollywobbler

Hi Tony

 

I ought to be getting ready for work but never mind and many, many thanks for your help.

 

Billy has said on this thread that he plans to send off his TRA application this week, so hopefully that is near as dammit ready to go. If anything else needs doing on it (eg collecting extra references or something) Billy might find it easier to stay here until that has been and the TRA OK is in the bag.

 

Also, if I were Billy, I would hold the prospective employer to the ENS promise and not make a move in the directionof Australia until the ENS process is firmly under way.

 

From what you say, the processing is so quick that it would hardly be worth bothering with a 457 instead.

 

This looks to me as if it may be starting to come together beautifully for a guy who really, really does deserve that it should.

 

Fingers crossed, Billy!

 

Cheers both

 

Gill

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Guest billy braveheart

Tony and Gill,

thank you very much for the advice,must admit i was ready to throw in the towel as i feel as if ive been trying for ever to get an employer to sponsor me for an ens or rsms visa,a few have said yes then changed their minds at last moment anyway have almost completed stuff for tra and now i send it to them with love hehehe

i have been asking for help from a higher source so you never know,Tony do you help with the TRA and visa application? if you have the time could you send me an email with your costs.Thank you.

Once again Gill Thanks for all your help

Billy

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Hi Billy

 

I don't handle TRA cases as I am a visa expert, not a Trades expert. I have sent you a pm with the contact details of the TRA expert I use - he is the ex-director of the TRA so he will make sure your case is well prepared - costs £200 zero VAT for initial assessment of all your experience and qualifications and confirm that you are eligible for trade recognition. Then, further £400 zero VAT for him to help prepare the TRA application and process it through the TRA. So will cost £600 for the best help.

 

Regards

 

 

Tony Coates

MARN 0635896

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Guest billy braveheart

Hi Gill

and everyone else who has persuaded me NOT to throw in the towel.I recieved an email from the employer who is wanting to sponsor me on an ENS visa.He has gathered allthe information he needs and is now in a position to lodge his nomination woooohooooo.My TRA will go this week as its all done ,all i need to wait on now is getting the oz bank draft from my own bank,i went to them on friday and they said it would be out within 5 working days so thats it... all done bar the waiting on a favourable reply from TRA fingers crossed

Im sure i have done the right thng in saying no to the 457 as i said it was just too much of a risk and i couldnt do that to my wife and 2 sons this way its safer all round so a big thank you .especially to Gill for whom i wouldnt even be this far on the road to hopefully a better life for all of us Gill i owe YOU Thank you

Billy

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Guest JoanneHattersley
Hi Gill

and everyone else who has persuaded me NOT to throw in the towel.I recieved an email from the employer who is wanting to sponsor me on an ENS visa.He has gathered allthe information he needs and is now in a position to lodge his nomination woooohooooo.My TRA will go this week as its all done ,all i need to wait on now is getting the oz bank draft from my own bank,i went to them on friday and they said it would be out within 5 working days so thats it... all done bar the waiting on a favourable reply from TRA fingers crossed

Im sure i have done the right thng in saying no to the 457 as i said it was just too much of a risk and i couldnt do that to my wife and 2 sons this way its safer all round so a big thank you .especially to Gill for whom i wouldnt even be this far on the road to hopefully a better life for all of us Gill i owe YOU Thank you

Billy

 

As I said before I came over on the 457 VISA. I have to say I didnt even think about whether a 457 was a risk or not. My theory was I would have 4 good years anyway and if I got permenent residency it was a bonus! if I hadnt have got it I wouldve gone back to UK having had a great 4 year adventure!

Luckily our permanent residency was granted after a few medical tests, Drs letters , consultants visit etc ( I have epilepsy). We have been here 2 years and 2 months and really love every minute of it.

 

Its along wait and drama with all the paper work and certified copies of everything but once that email comes with CONGRATULATIONS....oh is it worth it!!!!!!!!!!!

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Guest Gollywobbler

Hi Bily

 

Frankly, I haven't a clue about the procedure for an ENS visa.

 

I firmly suggest that you take competent, one-to-one advice about what to do and which order to set about things in. The firm you mentioned in your PM to me are one of the best and i would relax if they were involved.

 

I am not sure whether the drill is that you need to get the TRA approval first, followed by the Nomination. I strongly suspect that is is like conducting an orchestra though. You don't want the double-bass crashing in during the piccolo solo!!!

 

It may be that you have to shush the eager bass-player for the moment, to make sure that everything happens in the right order.

 

When you get your visa, though, I will catch the Friday PM flight from Southampton to Glasgow, FOR SURE! Will you pick me up from the airport and find me a B&B for a couple of nights so that we can go on the sozzle and paint the town red?????

 

Cheers & hugs

 

Gill

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Guest billy braveheart

Absolutely Gill and no need for a B&B we have a spare room here lol

i have been told that i do need the TRA first but as the employer is just about ready to lodge for nomination the timing is good by the time he has all his side done i should hopefully have a positive response back from the good folk at the TRA and then we apply for the visa so get your self up here to scotland for a party when it comes through Thanks once again

billy

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Guest Gollywobbler
Absolutely Gill and no need for a B&B we have a spare room here lol

i have been told that i do need the TRA first but as the employer is just about ready to lodge for nomination the timing is good by the time he has all his side done i should hopefully have a positive response back from the good folk at the TRA and then we apply for the visa so get your self up here to scotland for a party when it comes through Thanks once again

billy

 

We have a deal!! I'll be on the plane.

 

:notworthy:

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