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What to do next?!


Poca&Dan

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I have just been granted 457 which is great news, but am worried about the current climate of things and was wondering what the next best move would be?

 

OH and I are worried that when 457 runs out we will have no option but to return to UK. Do you think it would be advisable to apply for 175/176 (whichever it is I can never remember) as soon as possible or cross my fingers and hope that my employer will sponsor me a bit further down the line for permenent residency? How are 175/176 visa's looking for people with jobs on csl?

 

Also where have people located timelines?!

 

Thanks in advance!:notworthy:

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Guest wanderer

The risk with a 457 P&D is that your visa is tied to you staying in employment with a sponsor, ie.

. Employer and employee have a problem and part ways.

. Employer goes bust

You have 28 days to find another sponsor.

 

What line of work is it for and who is the employer?

 

On the brighter side, there's nothing to stop you looking for another employer sponsor anytime and if you have qualifications for a 175/176 you could even look at the PR sponsored visas ENS/RSMS, maybe even the employer you have this 457 with if they are eligible.

Look @ Skilled Workers Permanent Visa Options- Employer Sponsored Workers - Workers - Visas & Immigration

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Guest Gollywobbler

Hi Poca & Dan

 

Since one of you is a mental health nurse there should be no difficulty with obtaining a subclass 175 visa or a State sponsored 176 visa. The occupation is on the CSL so DIAC say the visa application would take about a year to process.

 

Obviously your employer is very unlikely to go bust and very unlikely to decide that it does not need you.

 

The big advantage of applying for a subclass 175 or State sponsored 176 is that you would not be shackled to your employer once your PR visa is granted.

 

Cheers

 

Gill

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Wanderer, I am a mental health nurse and my employer is Healthscope which I think has hospitals all over Australia.

 

I suppose it's just about making a decision about whether to wait or to get the process started now for the added security.

 

TBH we haven't really even thought about what would happen when my visa runs out, we just assumed that I would get sponsored by my employer, but I think in light of the recent changes we need to have a bit more security behind us, I would hate for us to have to come back after all this effort if we decide to stay!

 

So if my job remains on CSL will these recent changes still apply to me?

 

Thanks for the posts!

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Ive just been told by the big boss man that they support PR within 12months of employment........let them pay for it Lou and dont panic:wink:.

there are a few people on here that have had really bad times and have been duped by the employer. I really believe im not being told a load of ****e.

2 other nurses on the ward got the PR sorted within 5 months. You have to live here first, lets see if you can do that before you make permenant arrangements, dont spend your money at the moment.

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I thought that would be how the employer would be however we were just thinking about the long run and securing a future, even if we don't get on there I would like to secure PR just in case, plus if we don't like Melbourne we plan to try another part of Oz before we give up!

 

But I like the not spending money part!!!

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Guest JoanneHattersley

The employer may sponsor you thru PR but you have to pay! My PR was ENS856. It was all up around the $3000 mark, which included new PCC adn medicals and the visa costs!

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Guest wanderer

P&D,

I thought that we had to pay regardless of sponsorship! Can we apply when we get to Australia? I keep reading that you can apply onshore however you need to be offshore when it is granted, what does this mean? (might be a silly question?!)

Not too many freebies when it comes to immigration and visa charges!, and no, not a silly Q. for the onshore/offshore bit can be confusing [not to mention unnecessary in most cases]

 

With the applying for a visa onshore and then needing to be outside of Australia for it to be granted, yes that can be true depending on what visa you are eligible to apply for.

For instance the 175/176 visas are classed as offshore visas and though you can apply for them in Oz. you do have to be offshore or outside to have them granted, just the ways the regs have been structured [only exception is for Kiwis]

Likewise as a follow up to the 457 you have the 121/856, 121 offshore and 856 for onshore.

Employer Nomination Scheme (Subclass 121/856)

The offshore ENS (subclass 121) visa is for applicants who are outside Australia.

Note: Applicants who do not hold a qualifying visa can apply for the offshore ENS (subclass 121) visa and lodge their application in Australia, however applicants must be outside Australia at the time of visa grant.

 

So in your case if you can get an ENS856 sponsored visa on the way not long after being here, that would be the one to go for.

Employer needs to offer three years work but it is not binding on you as far as what GollyW and others have said on here and nothing re eligibility of employee to say it is.

 

http://www.immi.gov.au/skilled/skilled-workers/ens/how-the-visa-works.htm

An eligible position must meet the following requirements:

 

  • be full-time, ongoing and available for at least 3 years

 

 

    So that just says the position and not necessarily theemployee needs to be ongoing.

 

 


 

So that gives you PR and if you choose a bit later to want to see sunny Queensland [actually south coast of NSW has more hours/yr. of sunshine] you can go for it, but Melbourne is a great city too, Vic. a good state too.

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I thought that we had to pay regardless of sponsorship! Can we apply when we get to Australia? I keep reading that you can apply onshore however you need to be offshore when it is granted, what does this mean? (might be a silly question?!)

 

Ens 856 is an onshore visa and you do not have to leave the ccountry when its granted 457 to 176 skilled means you do have to leave the country to validate

 

Mally

 

Would love to be in rubber next week

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When it says you need to be outside Oz when it is granted, how can that be possible? e.g if I am working and living in Oz and apply for lets say a 175/176 how will I know when it is going to be granted so that I can leave the country? It strikes me that that would be almost impossible to predict? Or is it that once the visa has been granted, you need to leave the country and re-enter in order to validate it? This is the bit that confuses me?

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When it says you need to be outside Oz when it is granted, how can that be possible? e.g if I am working and living in Oz and apply for lets say a 175/176 how will I know when it is going to be granted so that I can leave the country? It strikes me that that would be almost impossible to predict? Or is it that once the visa has been granted, you need to leave the country and re-enter in order to validate it? This is the bit that confuses me?

 

 

Like my last post 457 to nns sponsored 856 you do not need to leave the country , 457 to 176 ? you haveto leave country to validate , you get a lettter sayin your visa is granted and you go to new zealand ,thailand any where where there is a australian embassy ,hence 856 is chaeaper as you do not need to fork out on a validation trip

 

Mally

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Guest wanderer

When it says you need to be outside Oz when it is granted, how can that be possible? e.g if I am working and living in Oz and apply for lets say a 175/176 how will I know when it is going to be granted so that I can leave the country? It strikes me that that would be almost impossible to predict? Or is it that once the visa has been granted, you need to leave the country and re-enter in order to validate it? This is the bit that confuses me?

 

Yep, it is a little bit complex and that's why if you have the opportunity to apply for an onshore PR visa when you're here you ought to do that.

The department is under no obligation re where you are at the time a visa is to be decided upon and if you happened to be in Australia when you should not have been, that could see your visa being refused - in Booklet #6 http://www.immi.gov.au/allforms/booklets/1119.pdf , page 45

 

Application and grant of offshore visas

You should inform the department if you travel (either to Australia or from Australia)

during processing of your application. This is because your application may be refused if

you are in the ‘wrong place’ when a decision is made.

 

 

 

If you are applying for an Offshore General Skilled visa, you must be

outside of Australia

when the visa is granted

 

 

 

except if you are a New Zealand citizen and you hold a Special

Category (subclass 444) visa, in which case you and all secondary applicants included in

 

 

your application, may be in or outside Australia at the time a decision is made on your application.

 

What hopefully happens and I've known of it doing so is that:

. CO is aware you are in Australia.

. A month or so before final decision is pending [in your favour] CO notifies you and will say by such a date, you need to advise us of your overseas trip plans and then a week before departure confirm that.

. Hopefully CO will do a double check to see that you have left before the application gets put up for final seal of approval.

. You're sitting in Bali or wherever checking your email for advice.

. When it is received and you have the 175/176/121 you can go back.

 

All just a little messy because the system is not really designed to work that way.

 

It could be even messy if for instance something happened to that CO and someone else picking up the application misses seeing that you're onshore, the visa goes up for decision and it's Nope, this one gets refused because applicant should have been offshore for granting.

 

Now whether they kind of put it back in a return heap or just consider that's bad luck, don't really know but once immi decisions are made, there's not too many that get changed.

 

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Yep, it is a little bit complex and that's why if you have the opportunity to apply for an onshore PR visa when you're here you ought to do that.

The department is under no obligation re where you are at the time a visa is to be decided upon and if you happened to be in Australia when you should not have been, that could see your visa being refused - in Booklet #6 http://www.immi.gov.au/allforms/booklets/1119.pdf , page 45

 

 

What hopefully happens and I've known of it doing so is that:

. CO is aware you are in Australia.

. A month or so before final decision is pending [in your favour] CO notifies you and will say by such a date, you need to advise us of your overseas trip plans and then a week before departure confirm that.

. Hopefully CO will do a double check to see that you have left before the application gets put up for final seal of approval.

. You're sitting in Bali or wherever checking your email for advice.

. When it is received and you have the 175/176/121 you can go back.

 

All just a little messy because the system is not really designed to work that way.

 

It could be even messy if for instance something happened to that CO and someone else picking up the application misses seeing that you're onshore, the visa goes up for decision and it's Nope, this one gets refused because applicant should have been offshore for granting.

 

Now whether they kind of put it back in a return heap or just consider that's bad luck, don't really know but once immi decisions are made, there's not too many that get changed.

[/left]

 

Its not messy at all , you get an email and you have to validate it off shore , co miises you are on shore ,its an onshore applicarion plus your address and your passport indaicate this

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Guest wanderer

Mally,

Like my last post 457 to nns sponsored 856 you do not need to leave the country , 457 to 176 ? you haveto leave country to validate , you get a lettter sayin your visa is granted and you go to new zealand ,thailand any where where there is a australian embassy ,hence 856 is chaeaper as you do not need to fork out on a validation trip

 

Mally

 

Not quite, for you can not be granted an offshore visa while you are onshore unless you're a Kiwi.

 

The letter you would hopefully receive would be one saying you need to leave to get it granted.

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Guest wanderer

Mally,

Its not messy at all , you get an email and you have to validate it off shore , co miises you are on shore ,its an onshore applicarion plus your address and your passport indaicate this

 

Have you heard of Murphy the Irishman?

He wasn't the one kissing the Blarney stone either [or maybe he did!]

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