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Advice on a direction to go


AaronS

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Hello all! Glad to have found this forum! I'm not a true "pom" by definition but the resources for someone in the US wanting to migrate to Australia are few and far between. That being said I hope it will be alright if I hang around and maybe ask some questions from time to time.

 

My wife, 3 children and I are actively working to migrate to Australia and we are looking for some general advice on a direction to take. A little back ground on us. We are currently US citizens. My wife would be the primary applicant. She is 33, holds an MBA from an accredited university and has been employed in a field on the SoL for over 10 years. I am 41, have had some college and also have been employed over 10 years in a field on the SoL. English is both of our primary language and proficiency is not an issue. My wife is currently employed by a major computer manufacture that has locations in Australia and has spoken with them about a transfer with an employee sponsored visa. I believe that’s a 457. Currently we are awaiting information on two positions she has applied for. Regardless of whether they come through our plan is to continue the process for immigration. Would it serve our best interest to go ahead and apply for a 175 visa for her with me as a partner or continue to peruse the employee sponsored 457 through a potential employer? Our ultimate intent is to gain PR and become a productive part of Australian culture and society.

 

 

Thanks,

Aaron

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Guest guest30085

Hi Aaron & Family

 

Welcome to PIO - you will probably be able to find lots of information to help you on here. You can use the search facility ^^^^^^ up there somewhere.

 

Otherwise plenty of others will be able to help with specific questions you may have.

 

All are welcome anyway - its not just Poms who are on here :)

 

Best of luck with your plans

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Thanks for the welcome! Much appreciated! Hopefully our question about whether to persue a 175 or wait on the 457 will be a moot point. My wife is doing all she can to get the transfer with her employer! She has a follow up with the Australian HR team in a few weeks. They have indicated they would really like her to transfer but want to make sure it's into a position appropriate for her career. We've been on needles since she put in for the transfer!

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Hi Aaron,

 

Have you looked into a 176 state sponsored?

The time scale for the visa grant can be quicker for some occupations I think (category 2)

Good luck with your decision

 

Cheers

Paul

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Hello all! Glad to have found this forum! I'm not a true "pom" by definition but the resources for someone in the US wanting to migrate to Australia are few and far between. That being said I hope it will be alright if I hang around and maybe ask some questions from time to time.

 

My wife, 3 children and I are actively working to migrate to Australia and we are looking for some general advice on a direction to take. A little back ground on us. We are currently US citizens. My wife would be the primary applicant. She is 33, holds an MBA from an accredited university and has been employed in a field on the SoL for over 10 years. I am 41, have had some college and also have been employed over 10 years in a field on the SoL. English is both of our primary language and proficiency is not an issue. My wife is currently employed by a major computer manufacture that has locations in Australia and has spoken with them about a transfer with an employee sponsored visa. I believe that’s a 457. Currently we are awaiting information on two positions she has applied for. Regardless of whether they come through our plan is to continue the process for immigration. Would it serve our best interest to go ahead and apply for a 175 visa for her with me as a partner or continue to peruse the employee sponsored 457 through a potential employer? Our ultimate intent is to gain PR and become a productive part of Australian culture and society.

 

 

Thanks,

Aaron

 

 

The 457 visa is a temporary visa and as you want to become PR you will have to go through the applicaiton process for PR at some point; that could be a 175 visa application or perhaps the employer sponsors you for a permanent visa. It won't be an automatic thing after a certain period of time on a 457, sometimes people think it is.

 

Is there any chance you could ask the employer to sponsor you for a permanent visa instead of the 457 now? The thing is, unless your wife is earning over a certain amount, about $165k, she would need a skills assessment for the permanent employer sponsored visa which would slow the whole process down, is there time pressure?

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Paul - We hadn't considered that. I'll do some research on the 176 and being state sponsored. Thanks for the suggestion!

 

Pumpkin - 165K...we wish! :biggrin: No huge time pressure other than we cannot be out of this country soon enough! I will suggest that she approach them about a PR visa. The company is large enough that they may have some arrangements in place to suppport quick turns for approvals and assessments.

 

We could apply independantly with my wife as the primary applicant. She gets 120 on the current points system and 65 on the new (with 5 points for me). Me being an old guy at 41, I fall a bit short. Thanks god for my young and educated wife! Would applying for a 175 or 176 now interfere with a potential employee sponsored 457 later?

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Paul - We hadn't considered that. I'll do some research on the 176 and being state sponsored. Thanks for the suggestion!

 

Pumpkin - 165K...we wish! :biggrin: No huge time pressure other than we cannot be out of this country soon enough! I will suggest that she approach them about a PR visa. The company is large enough that they may have some arrangements in place to suppport quick turns for approvals and assessments.

 

We could apply independantly with my wife as the primary applicant. She gets 120 on the current points system and 65 on the new (with 5 points for me). Me being an old guy at 41, I fall a bit short. Thanks god for my young and educated wife! Would applying for a 175 or 176 now interfere with a potential employee sponsored 457 later?

 

Has your wife already sent off for a skills assessment? Because whether you go for employer PR or the 175 visa, she would need a skills assessment. I am thinking the sooner she gets it the better, to have it in hand or at least in progress when asking the employer to sponsor for PR could be very advantageous.

 

There is certainly nothing to stop you applying for a 175 and a 457 at same time.

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Guest Susan Wareham McGrath

Hi AaronS

 

You have a number of options to migrate to Australia. The four visa subclass you might find most appropriate, in order of preference, are:

 

121 - Employer Nomination Scheme

457 - Business (Long Stay) Visa - Standard Business Sponsorship

176 - Skilled - Sponsored, under a State Migration Plan (SMP)

175 - Skilled - Independent

 

I've provided a brief overview of each for you below:

 

Employer Sponsored Visa Options

 

The 121 Employer Nomination Scheme would be the most efficient way to obtain permanent residency (PR) in Australia. Current processing time for this visa subclass is 5 months for an applicant from a low risk country.

 

To be eligible to apply for this visa, the primary applicant must have an occupation on a list called the ENSOL (which includes all occupations on the SOL), must have at least three years full-time work experience in the occupation before the visa application is lodged and must have their skills assessed as suitable for the nominated position by the relevant skills assessing authority,

OR

have been nominated to fill a highly paid senior executive position with a salary of more than $165 000 per annum (excluding superannuation or allowances).

 

There are also eligibility requirements that the employer and the nominated position must address to apply for this visa.

 

The subclass 457 visa is a temporary visa, for up to four years, which can be used as a pathway to obtaining a subclass 856 visa, which is the equivalent of the 121 I've referred to above, but for applicants who are based in Australia, rather than offshore.

 

It's not necessary to obtain a skills assessment to apply for a subclass 457 visa, there are requirements that the employer and position must address and DIAC's quoted processing time is under six months, although we had a client's finalised in a fortnight recently.

 

In your case, if you can obtain a 121, there would be no point at all in applying for a 457. If you are not able to obtain a 121, a 457 would be a good fallback option.

 

General Skilled Migration Visa Options

 

The third option is to apply for a completely different type of visa, under the general skilled migration program.

 

If your occupation is on a State Migration Plan (only two have been released so far, with the others due out before the end of this year), you could apply for a subclass 176 Skilled - Sponsored visa.

 

This visa subclass requires primary applicants to obtain the required number of points on a points test and to live and work in the sponsoring state for two years. The benefit of it is that DIAC's current service standard to finalise subclass 176 visas is 12 months from date of lodgement.

 

Your final option would be applying for a subclass 175 Skilled - Independent visa. The benefit of this visa is that you would be free to live or work anywhere in Australia. It also has a points test that must be met, and will require the primary applicant to obtain a positive skills assessment. The disadvantage of this visa subclass is its processing time; DIAC's current service standard is finalisation within 18-24 months from date of lodgement.

 

I hope the above information is useful and we'd be happy to answer any further questions you might have.

 

Best regards

Susan

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Susan - Thank you VERY much for that information!

 

Aaron,

 

I'm an Australian qualified lawyer (as well as admitted in New York) and registered migration agent. I live in New York City. Feel free to give me a call if you want to discuss your options and what approach your wife should be taking with her HR department on the visa.

 

You can find my phone number on my contact page of my website.

 

Sandra

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Guest Susan Wareham McGrath
Susan - Thank you VERY much for that information!

 

Hi Aaron

 

You're very welcome - I'm glad to have been of assistance.

 

My partner in McGrath Migration Lawyers, Chris McGrath, has been working continuously as an Australian immigration lawyer for 28 years. As you can imagine he has had a wide range of experience and has personally assisted thousands of people to migrate, across all visa classes.

 

I do believe that there is a benefit to using experience if you decided to engage a registered agent. In addition, the immediacy of engaging a registered agent or migration lawyer who is situated in Australia, which is where any application by you or your wife would be assessed, is also beneficial, as direct communication with case officers is a lot easier.

 

Best regards,

 

Susan

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  • 2 weeks later...
Thanks for the welcome! Much appreciated! Hopefully our question about whether to persue a 175 or wait on the 457 will be a moot point. My wife is doing all she can to get the transfer with her employer! She has a follow up with the Australian HR team in a few weeks. They have indicated they would really like her to transfer but want to make sure it's into a position appropriate for her career. We've been on needles since she put in for the transfer!

 

Sounds like it could be an excellent move for you. I would have jumped at the chance of a relocation from my employer, it saves so much hassle on so many fronts.

 

Good luck with your planned move.

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  • 5 months later...

Hey all, been a little while since I’ve actually posted but I’ve been nosing around quite a bit. The work transfer is looking a bit complicated so my wife and I have decided to go with an agency to help us. So far, so good. The agency has been 100% great. Answering even the most trivial questions and responding within a day and this is before making any payment! We are waiting until July to see about the change in the points system or if it gets pushed out and then full speed ahead! My wife is taking the IELTS on June 11 to be covered with some extra points if the change does happen. It’s looking we will be shooting for State Sponsored in WA now.

We have an odd wrinkle that could come about that may end up being a positive. While the transfer and employee sponsorship to Oz directly isn’t working out, my wife’s employer really wants her to spend 1 to 2 years in Beijing. So we could be US citizens waiting on an Australian visa while living as EXPATs in China. The positive about this is China and Australia are in the same business region for her company and they know we want to land in Oz. So, tentatively they have a plan to get her to Beijing for the year or so then let her continue to work in the region from the location of her choice….which would be Australia. Now if only all of this goes to plan and all the timing coincides for the visa. It would be very nice for her to have an established position for her nominated occupation straight off the bat.

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