457-->pr

[jakc]

Arrived in Melbourne a year ago (feb09) on a 457 Visa.

My partner (also English) was also given a 457 visa.

Loving the job and would like to think that I have made a good impression. (software trainer)

We are beginning to think that we would like to stay here long-term and therefore want to start looking at PR.

 

I was thinking about forgetting about it until the last year of my 457, but then realised im 30 a year from now, so perhaps that may cause issues with other visas?

 

Im also a little worried about what happens when the 4yrs is up. I have been verbally told that its no problem, im a full time member of staff and they would re-knew the visa, but at the same time, I dont like the fact that they have me by the balls.

The jobs great, but the higher powers (i.e. the HR department) are a little harder to deal with. (for instance they refused me the LAFHA). I also know that I was the last person to get a 457 for the company as they are now tightening their belts on getting people from overseas.

 

Have been doing some early research on both here and the immi site.

Saw the 856 visa

Am I on the right track? Is this something that I can do independent of my employer?

What other options do I have?

I remember back in the UK I was just short of passing the skills test, so I kind of assumed now that I have been working in the country for >1yr, id have a much higher chance of scoring PR on my own?

 

Please can someone clear up what options I have and what my next steps should be?

 

Thanks:smile:

[theonetruechris]

As I see it, your employer has to do paperwork to justify 'shipping a worker in permanantly'. Still if they do its seems quite straightforward. My wifes doing this and is just about ready to put the application in and pay the money (i think its about $2500) if you want to pm her and ask what and how she's done it. She's on here as ratchet.

[Ratchet]

Hi Jakc

 

Save the PM i'll write it here for you of my impression/understanding.

 

Probably will be an idea to have a look at works HR info. within it it should say something about the 457 and then Employer nominated scheme onshore (856).

 

On the immi.gov website it says what the employer has to do for the ENS and then what the employee has to do. The employer can apply for a nomination number for you (you have to complete some forms, they draw up a perm contract offering at least three yrs employment and you supply some bits) at the price $450, they usually pay it. After about 6 weeks a number comes through then its up to you to complete the forms and pay a hefty $2525 within 6 months.

 

There should be a HR person at work familure with the process. if they do 457 then no doubt someone has been supported in the 856 process

 

For other options - you can apply for an independant offshore. This means when visa granted you have to go out the country and come back to get it stamped in the passport.

This is a different kettle of fish and can be costly as its about have all the skills assessment($600) and IELTS (?$200) done at your expense then the $2525 cost

The whole process takes longer and costs a lot more!

 

hope this helps

 

Kelly:cute:

[Pumpkin]

You cannot apply for the 856 independently of your employer as it is a sponsored visa.

 

As you have not been on the 457 for two years yet, you would also need to obtain a positive skills assessment for an occupation on the SOL / ENSOL and have at least three years experience in the occupation you are applying under.

 

I am surprised that they suggested they would just renew the 457 after four years. I have never heard of that before, but I guess it is possible, it is just that most people do not want to spend up to 8 years on a temporary visa and I am sure you are no different. :eek:

[jakc]

Thanks for the replies.

Was thinking about sending the below to my HR department tomm.

Let me know if you think it sounds ok.

 

Beginning to realise how much they have me by the balls - If my visa was not renewed or if they were to fire me = I have something like 30 days to find a new job (unrealistic)

 

I just want to secure my place in this beautiful country. Hopefully HR can clear this up and I can get something in writing.

 

Dear HR

Thanks to CompanyName, myself & my partner are in Australia under a 457 visa.

 

Its been just over a year now, and we are both loving the country and I am genuinely loving my role at CompanyName.

We have come to the decision that we would like to settle in Australia and therefore are looking into getting our visas a bit more permanent (i.e. Residency, then further down the line, citizenship).

 

I expressed concern to my staff manager about what happens when my 457 visa runs out (4 year visa) and he verbally told me that I am a full time member of staff and it would simply be renewed.

- However, I am still concerned about this, as this is not stated in my written contract.

- Another concern is that I will be 30 next year = this greatly reduces my chances of getting an independent skills visa for Australia.

 

I need some reassurance about my future in Australia.

- When purchasing household items, it would be nice to know if I should be buying for the long-term (e.g. beds, furniture, electronicals, etc)

- Ideally I would also like to get out of renting and start to look into buying a property = Can't do this on a 457.

 

I have been looking at the Employer nominated scheme onshore (856) visa

This visa allows you and any dependent family members included in your visa application to live as permanent residents in Australia.

 

This appears to be the logical next step for applications on a 457 visa - however, I have no reassurance that this will happen when my 457 runs out.

I think this entails drawing up another contract to say that I will be employed for another 3 years.

Ideally, I would like to get the ball rolling on this before I hit 30.

 

I was wondering if any of employees within CompanyName have been switched from a 457 to this 856 visa, and if you had any experience in this area? (I am still trying to get my head around all the different visa options).

 

I hope you can understand my concerns - perhaps we could discuss this on the phone?

 

Regards,

Simon

[theonetruechris]

Might be worth adding that you see a future for yourself at the company (not going to disappear once a visa is granted), also that you'd be prepared to meet financial aspects of it. but reads ok, I think

[jakc]

I am going to hold off sending the email till I speak to my staff manager.

 

Concerns:

- From experience, HR do the best thing for the company and not for the employee.

(e.g. Refused me the LAFHA)

- If they agreed to put me onto an 856, this would tie me to the company for another 3 yrs after my 4year 457 runs out? Or is it another 3yrs after 2yrs of my 457? = Either way, thats a fairly long time to have to work for a company.

Dont want to be in a position where I am stuck in a role I can't get out of.

 

As I see it, the only options I have:

- Get HR to agree (in writing) to put me onto an 856 after 2yrs of being on my 457.

- Go for the Independent Skills Visa (which means I will have to take a month off to leave the country as I can independently do this onshore.

 

Please let me know if I have missed something.

 

Perhaps I should consult a migration agent? At the moment I am getting a lot of helpful advice from this forum, so have held off consulting professional advice.

[theonetruechris]

Hi Its Kelly (Ratchet)

 

verbally i was told there was an expectation i would coninue to work for my employer for three yrs after PR granted under the 856. In my written contract, there is nothing written or signed for. Your company cannot take the visa away from you. It is yours and as long as you are working in the field it has been granted then there are not likely to be issues.

 

My 856 application is based on me being a nurse, not for working at with my current employer. So as long as i continue to work as a nurse. it should be fine.

 

Having said all this. I dont intend on leaving my employer at this moment in time. im lucky that they will allow me to change roles and bases. Which helps in the long term retain employees.

 

by the way - i havent been here 2 yrs. I submitted my 856 forms today on the advice by immi and work it was alright.

 

good luck

[jakc]

by the way - i havent been here 2 yrs. I submitted my 856 forms today on the advice by immi and work it was alright.

 

 

How long have you been here?

[theonetruechris]

September '09

[Pumpkin]

IAs I see it, the only options I have:

- Get HR to agree (in writing) to put me onto an 856 after 2yrs of being on my 457.

- Go for the Independent Skills Visa (which means I will have to take a month off to leave the country as I can independently do this onshore.

 

Please let me know if I have missed something.

 

 

 

Yes you missed the bit in my post where I mentioned you can get employer to sponsor you for an 856 if you get a positive skills assessment. You don't need to wait two years. :cute:

 

This assumes you are in a role on the SOL / ENSOL, I have not checked but as you are also considering doing it independently I assume you are.

[Guest The Pom Queen]

- Ideally I would also like to get out of renting and start to look into buying a property = Can't do this on a 457.

 

Regards,

Simon

 

Hi Simon

You can purchase property on a temp visa, so not sure if you want to remove that part.

Good luck and I hope they give you the answers and assurance you need.

Kate

[Guest]

We came on a 457 visa with ENS available after two years. We decided not to wait and applied and were granted a 175 visa. Yes you do need to be offshore for the visa to be granted but it is usually complete within 24-48 hours of you leaving. You don't have to get a passport sticker but even doing that we had 4 days in Singapore & it was all done.

 

I love my job but the independance was a good feeling!

[Guest stewilliamson]

Hi all, an interesting thread. I too seem to be in the same boat as the Original Poster (well, without a partner with a 457 but there's always time for that!) - I've been here on a 457 visa for approaching 2 years and am interested in the ENS / 856 visa.

 

One simple question that doesn't seem to be explained on the immi website - if I leave the company after getting an 856 am I still eligible to stay in the country? I see Kelly (Ratchet) mentioned that the company cannot take the visa away from you if you leave - am just checking to see if IMMI can't do the same?

 

Apologies if I'm coming across as a bit thick; with things like visas and tax I do usually need it spelled out for me!

 

Thanks for the advice so far, looking forward to your responses.

 

Cheers

Steve

[LKC]

Sorry, can I also jump on this thread, since it is related. We are in Sydney on a 457 (hubby is main applicant), and we would also like to apply for PR. His employer have said "Yes, but not yet". I am worried that the changes with the SOL that are due, that the ENSOL list may change and we won't be able to apply for PR (if hubbys job gets taken off the SOL). Anyone have any info on this?

[Guest Bernicem80]

Gee, its so confusing isn't it?!!:wacko:

 

I too am on a 457 and have been since Sept 09, prior to this I was on a working holiday visa for 12months. We would love to get our PR as it would just make us feel secure and safe knowing that we haven't got to go back to the UK.

 

I was told that I have to wait 2yrs on the 457 visa and as long as I have been working for my employer for 12months, I can then apply. That just seems such a long time away, we've already been in the country 18months and seems that we will have to wait another 18months before we can apply - and who knows what changes there maybe to immigration by then!!

 

Well Good Luck to you all! I look forward to hearing how you go about getting your PR!

 

Regards

[jakc]

I never sent that email to HR.

In short, I dont want to rock the boat, as the company execs have been firing a few people lately.

 

So I have been in country for 1yr4mths, and have been employed under the 457 for this whole time.

 

I would now like to (off my own back) get PR.

At this this stage, as I legible for a 175?

[lizzy27]

Everyone should stay away from 457 visas!

[jakc]

Everyone should stay away from 457 visas!

 

My 457 got me into the country, didnt see any other way of getting here otherwise.

My theory, is now that I am working here, paying taxes, I would be better off applying for a 175 than if I was back in England with nothing?

 

My job is on the new (May 2010) SOL.

[jakc]

Does anyone know why they are:

 

Temporary closure of certain GSM visa applications

The department has temporarily suspended accepting new applications for Subclass 175,

 

Whats this all about?

[Pumpkin]

My 457 got me into the country, didnt see any other way of getting here otherwise.

My theory, is now that I am working here, paying taxes, I would be better off applying for a 175 than if I was back in England with nothing?

 

My job is on the new (May 2010) SOL.

 

If you qualify for a 175 now then I am not sure why you said the 457 was the only way you could get to Australia.

 

Anyway you should look at the 175 independently of the 457, other than the fact that having worked in Australia might add to your points score and perhaps work experience it has no bearing on the matter. If you do not think that your employer will offer sponsorship to PR I think it makes sense to go down this path. You mention your occupation is on the SOL, you could start looking into getting your skills assessed as a first step. By the time that is completed then DIAC could be accepting new 175 applications again.

[jakc]

If you qualify for a 175 now then I am not sure why you said the 457 was the only way you could get to Australia.

 

Because when I did some online tests back in UK I was short by a few points.

Applying now, I get this bonus 10 points:

 

Employed in your nominated occupation, or a closely related occupation, in Australia for at least one year in the past four years immediately before the day of your application.

[jakc]

So I just been through all the points on the eligibility test, I get 120.

Is this good?

 

The points test pass mark for this visa is 120 points.

Ideally I would have liked to score 125, but cant find the extra points.

[Pumpkin]

So I just been through all the points on the eligibility test, I get 120.

Is this good?

 

 

Ideally I would have liked to score 125, but cant find the extra points.

 

You need 120 for a 175 application and a 176 would only require 90 points of your own, then the state sponsorship would provide another 1o to bring your points up to the required 100.

 

There is no advantage to having 125 points so don't worry about that.

 

Good luck,

[jakc]

VETASSESS will not be issuing Skills Assessments in ANZSCO until the 1st of July, 2010. The Department of Immigration and Citizenship (DIAC) have advised that they will be publishing an ASCO-ANZSCO mapping table which will detail the conversion of occupations from ASCO to ANZSCO. Generally speaking, if an occupation has a direct match from ASCO to ANZSCO and VETASSESS are still the assessing authority for that occupation, applicants will not require a reassessment under the ANZSCO code.

 

Looks like ill have to wait a month before I can do anything on the 175