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Guest Hornster

457 Temporary Residence to PR

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Guest Hornster

My occupation is a Group A professional on the VETASSESS programme.

 

After having lived and worked on a 457 employer sponsored visa for 2yrs, can I apply for PR myself or does my employer need to sponsor my PR?

 

Will I need to have my skills positively assessed by VETASSESS after the initial 2yr period has passed if I want to apply for PR?

 

Basically, I want the peace of mind knowing that I will qualify for PR after the initial 2yr period on the 457 visa.

 

Please and thank you.

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Guest guest17520

If you don't qualify for an independent PR visa then you will probably need to get your employer to sponsor you.

 

If you have worked for 2 years on a 457 you don't need to get your skills assessed but if you want to apply for employer sponsored PR earlier than 2 year then you probably will need your skills assessed.

 

Have a look at the immigration website for more details:

 

Employer Nomination Scheme (Subclass 121/856)

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The only relevance two years on a 457 has is that you would not need a skills assessment should you be eligible for permanent employer sponsorship and you have a willing employer.

 

Otherwise there is no relevance to having spent two years on the 457. A lot of people thing there is, it would be good if we could quash this myth as it can less to disappointment down the line.

 

Edit: Time spent on a 457 might help with points in a future skilled migration application if the employer does not wish to sponsor.

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its also worth pointing out that working on a 457 is no guarantee that you will qualify for PR at the end of 2 years, the rules seem to change every 6 months and for instance if your occupation was dropped, a rule change or a change to your personal circumstances you could be back to square 1.

 

The 457 was originally designed only to fill a gap in skills in the short term and there is no natural lead into PR from that, 2 or 3 years ago most people on these forums would have turned their nose up at 457 but now its a different story now and threads on 457 and people actively looking for sponsorship as TR are very common.

 

No doubt the government will release the figures in the next fiscal year and its an absolute certainty that the 457 & ENS grant figures have increased significantly. This will undoubtedly be pleasing for the government as they are achieving a more targeted skilled migration and filling positions before arrival in Australia rather than taking a blind chance and handing out a permanent visa to someone who is practicably unemployable in Australia.

 

It might be the case that in the future that government will use this model for all of its skilled migration like a sort of Try-before-you-permanently-commit (or Try-before-you-permanently-grant)

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Guest Hornster

I have pretty much secured (just waiting on the employment contract) a really great job with excellent pay in Australia with the employer sponsoring me a 457 TR visa.

 

Now, if I had a university degree then I would qualify for PR without a problem as I tick all the other boxes. Once I arrive in Australia to take up this job offer etc, what else would I need to qualify to turn my TR into PR and over what duration?

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Difficult to comment on the information provided. Why do you need a degree to qualify for PR? Do you mean you cannot pass skills assessment at the moment?

 

If so, being on a 457 isn't going to change that, if you cannot pass skills assessment now this is not going to change.

 

The only thing that might change, is that if your employer agrees to sponsor you in two years time you won't need the skills assessment. But there is an element of risk with this; firstly yor employer might not want or be able to sponsor you in two years time and secondly your occupation might have come off the list by then.

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Guest Hornster

Thanks for the reply.

 

My ANZSCO code is 251312 (occupational health and safety advisor) which is on the ENSOL list but not the SOL list which leaves me with state sponsorship or employer sponsorship. However, to qualify for PR by either route, DIAC rules require me to obtain a positive VETASSESS result of which is highly unlikely as I do not hold a degree of which is a DIAC requirement for my profession in order to qualify for PR.

 

I am still planning to submit my skills assessment to VETASSESS as my qualifications are recognised by the UK Qualifications Framework as being the equivalent to a university degree so there is an outside chance that I could still get a positive result.

 

If it comes back negative then I am left with the 457 visa option of which will be temporary residency but I am trying to find out if, after 2yrs, I will qualify in my own right fro PR without having to rely on an employer willing to sponsor my PR - assuming my occupation is still on the list.

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Thanks for the reply.

 

My ANZSCO code is 251312 (occupational health and safety advisor) which is on the ENSOL list but not the SOL list which leaves me with state sponsorship or employer sponsorship. However, to qualify for PR by either route, DIAC rules require me to obtain a positive VETASSESS result of which is highly unlikely as I do not hold a degree of which is a DIAC requirement for my profession in order to qualify for PR.

 

I am still planning to submit my skills assessment to VETASSESS as my qualifications are recognised by the UK Qualifications Framework as being the equivalent to a university degree so there is an outside chance that I could still get a positive result.

 

If it comes back negative then I am left with the 457 visa option of which will be temporary residency but I am trying to find out if, after 2yrs, I will qualify in my own right fro PR without having to rely on an employer willing to sponsor my PR - assuming my occupation is still on the list.

 

If you do 2 years on a 457 (in lieu of skills assessment), your occupation is still on the ENSOL and your employers is willing to sponsor then in theory you should be able to obtain PR.

 

But as above....over the next 2 years the rules could have changed 4 or 5 times so all I can say is good luck.

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Guest Hornster

Thanks to all of you who replied. Very useful information.

 

I guess the big question is...do I want to take the risk of not getting PR after 2yrs and, potentially, having to return to the UK once my 457 visa expires??!!

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Guest Hornster
What choice do you have?

 

Well, as it stands right now, my choices are either to go ahead and take the risk of potentially not qualifying for PR once I have been working on the 457 TR visa and my employer not willing to sponsor my PR.

 

OR

 

Hope my VETASSESS comes back with a positive result. Far more doors will open in this case.

 

OR

 

Do nothing and forget about Australia all together if i'm not willing or prepared to take the gamble of having to return to UK when my 457 visa expires.

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Hopefully you might get other sponsors to take over. We are unfortunately looking for our 3rd sponsor in 4 years. It´s tough, very stressful...as we had altogether 8 months of no job and no pay of course!! By law you have 28 days to get another sponsor, but if you prove you are actively looking for a new sponsor it´s fine. What isn´t good is that the money starts to run out...It´s a bit of a inhuman visa as I see it, but our only hope as we were 48 when we applied, and we got container and flights paid for so it made the start up easier. But don´t forget you aren´t entitled to unemployment, any other benefits, if kids study at Uni they are considered foreign students, unable to get life insurance...

Altogether we enjoy our life here, I still think the move was worthwhile, just wish we had had a bit more luck. So, good luck to you and make the most of it!!

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Guest Hornster

Will you ever qualify for PR?

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Eventually I hope, this job that is now coming to an end the sponsor cannot guarantee the job for 3 years so they will not give us a letter for DIAC, that´s why we have to get another sponsor and work for him 1 more year (10 months with this one at moment) and hopefully they will give us the much sought after letter.

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Guest Hornster

Best of luck.

 

It does sound like a very stressful visa route.

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Yes, it can be, I suppose it depends on circumstances and luck. Nothing like this ever happened to us before, so it´s hard to believe it can happen 3 times. Thanks

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