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Guest GRobbo

457 Temp. (Long Stay) Visa

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Guest GRobbo

Hi,

New to the forum but I a trying to get information on the above 457 Visa.

 

I already have a Company in the UK and I am in the process of setting a up a Subsiduary Company in Australia and I was wondering if any had any idea how long it takes for this process i.e Business Set-up and then acceptance of 457 Visa.

 

Any help would be much appreciatted.

 

GR

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Guest siamsusie

Welcome Grobbo to Poms In Oz,

 

I cant answer your questions personally but hopefully someone will be along shortly who can.

 

I hope you enjoy the forum

 

Best wishes

 

 

Susie x

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Hi,

New to the forum but I a trying to get information on the above 457 Visa.

 

I already have a Company in the UK and I am in the process of setting a up a Subsiduary Company in Australia and I was wondering if any had any idea how long it takes for this process i.e Business Set-up and then acceptance of 457 Visa.

 

Any help would be much appreciatted.

 

GR

 

 

 

This is not a straight forward issue as the appropriate pathway will depend on a number of factors.

 

If using the 457 option, it will depend on what stage you are at with the set up of the Australian business:

 

· You may need to be sponsored by the UK company to allow you to come to Australia and set up the Australian subsidiary:

 

· If the Australian operation is already registered as an entity in Australia it may be able to sponsor you.

 

If you are the business owner, a Business visa may be more appropriate, although this would be a longer process and more expensive.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Guest GRobbo
This is not a straight forward issue as the appropriate pathway will depend on a number of factors.

 

If using the 457 option, it will depend on what stage you are at with the set up of the Australian business:

 

· You may need to be sponsored by the UK company to allow you to come to Australia and set up the Australian subsidiary:

 

· If the Australian operation is already registered as an entity in Australia it may be able to sponsor you.

 

If you are the business owner, a Business visa may be more appropriate, although this would be a longer process and more expensive.

 

ABA,

Have tried the Business Visa Route but after going through all the proocess and paid the monies required DIAC then asked me to sell my company as a Company Value / Worth means nothing as the money has to realised money in your hand to meet the 500,00Aud requirements.:wacko:

And this would still not guarantee getting a Visa. So that was blown out the water at the last stage.:mad:

 

Have been informed that the 457 Visa may now be a better way to achieve my family goals.

 

Any further info on this woul be great.

 

GR

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Guest Martin

Hello, I am also a newcomer on this forum, considering a similar path to GRobbo.

 

Due to my limited assets (just over 200K AUD) I thought the easiest way would be to immigrate through Regional EBA (846) after buying an established business, as you only need 200K of net assets over the 2 years period. And I thought the business itself would count as asset.

 

Because I need 457 visa when applying for REBA (846). I understand that I would have to sponsor myself through my newly purchased business on 457 to fulfill both requirements: of holding a 457 visa when applying and of operating a business for min. 2 year period?

But is it actually possible to sponsor myself in such a way through a working business?

 

As for the assets, I naturally assumed, that the business itself counts at an asset.

It is now very troubling for me to learn that DIAC could possibly ask me prove these assets in cash!!! (as GRobbo suggests)

I would greatly appreciate any opinion from an experienced forum member about this matter.

Do you really need to demonstrate the net assets as "money in your hand"??

 

Best Regards,

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Guest GRobbo
Hello, I am also a newcomer on this forum, considering a similar path to GRobbo.

 

Due to my limited assets (just over 200K AUD) I thought the easiest way would be to immigrate through Regional EBA (846) after buying an established business, as you only need 200K of net assets over the 2 years period. And I thought the business itself would count as asset.

 

Because I need 457 visa when applying for REBA (846). I understand that I would have to sponsor myself through my newly purchased business on 457 to fulfill both requirements: of holding a 457 visa when applying and of operating a business for min. 2 year period?

But is it actually possible to sponsor myself in such a way through a working business?

 

As for the assets, I naturally assumed, that the business itself counts at an asset.

It is now very troubling for me to learn that DIAC could possibly ask me prove these assets in cash!!! (as GRobbo suggests)

I would greatly appreciate any opinion from an experienced forum member about this matter.

Do you really need to demonstrate the net assets as "money in your hand"??

 

Best Regards,

 

Yes,

You have to have the total Value of your personel / business assets over the required value but an evaluation of your companies worth is not sufficient.

I have been in contact with DIAC and I can confirm that they will not accept a value of a business as an asset.

We were told that this was OK when we filed originally for State Sponser(Which we got) and also when we submitted our application.:confused::confused:

 

A bummer, after 14months, to then find that this was not the case.

 

But hopefully this 457 Visa will be our way of making it to Oz.

If anyone has been down this road please contact as any good news or info would be pick me up.:cool:

 

GR

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Guest Martin

I don't know Australian immigration law, but I am actually a lawyer myself and I think, that if you have received any written opinion/response stating that it was OK to include your business evaluated worth into assets and that opinion was issued by DIAC officer, you should be able to use it in a case review/judicial review.

 

Apart from that, you will still need a prove of assets of 250k AUD, if you want to pursue EBA after min. 18 months on 457.

 

As for the 457 processing time, according to this:

http://www.immi.gov.au/about/charters/client-services-charter/visas/3.0.htm

it will take 3 months, as UK is non-ETA eligible. From what I have read you can lodge an application to become a sponsor and nomination at the same time. Furthermore you will be granted a bridging visa if you apply from within OZ, for the time your application is being processed.

This is just a theory though, it would be useful to have an input from someone who has actually been there...

Are you sure one can sponsor himself through his own company?

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Guest GRobbo
I don't know Australian immigration law, but I am actually a lawyer myself and I think, that if you have received any written opinion/response stating that it was OK to include your business evaluated worth into assets and that opinion was issued by DIAC officer, you should be able to use it in a case review/judicial review.

 

Apart from that, you will still need a prove of assets of 250k AUD, if you want to pursue EBA after min. 18 months on 457.

 

As for the 457 processing time, according to this:

http://www.immi.gov.au/about/charters/client-services-charter/visas/3.0.htm

it will take 3 months, as UK is non-ETA eligible. From what I have read you can lodge an application to become a sponsor and nomination at the same time. Furthermore you will be granted a bridging visa if you apply from within OZ, for the time your application is being processed.

This is just a theory though, it would be useful to have an input from someone who has actually been there...

Are you sure one can sponsor himself through his own company?

 

It would be a subsiduary of the Main Company with expertise that would be required in variuos area of Metal Work Industry (Onshore & Offshore)

All the skills involved are trades and would require either tradesmen or apprentices and that is what Oz are surley looking for.

If it works I will be over the moon.

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Guest Martin

Still, you will be a legal owner of this subsidiary company (?).

Make sure that this is not a problem and that an entity owned by you can legally sponsor yourself for a 457 visa (i.e. this is not possible in USA for a EB2 or EB3 category).

 

Otherwise, I hope there will be no problems and you will get your visa, especially that I am planning to do the same:wink:.

Cheers

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Guest GRobbo
Still, you will be a legal owner of this subsidiary company (?).

Make sure that this is not a problem and that an entity owned by you can legally sponsor yourself for a 457 visa (i.e. this is not possible in USA for a EB2 or EB3 category).

 

Otherwise, I hope there will be no problems and you will get your visa, especially that I am planning to do the same:wink:.

Cheers

 

Original request was for someone who would know how long it takes to set up a business in Oz.

Have been told it could take 3-5 Months for the Business & Visa set-up to be processed, but

just looking for anyone who may have this info.

 

This is what the agent is checking and reading the DIAC details it looks as though this can be done.

 

Will keep in touch with regards any further details.:cool:

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Guest GRobbo
Still, you will be a legal owner of this subsidiary company (?).

Make sure that this is not a problem and that an entity owned by you can legally sponsor yourself for a 457 visa (i.e. this is not possible in USA for a EB2 or EB3 category).

 

Otherwise, I hope there will be no problems and you will get your visa, especially that I am planning to do the same:wink:.

Cheers

 

Hi Martin,

How are things going on your Visa?

Still waiting on DIAC info prior to pushing for visa.

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Guest Martin

Hi GRobbo,

I had received all the info from DIAC, and decided to choose another way. I will take 2 years University Master of Professional Accounting and buy a business while on the student visa.

It will cost me a bit more, but will provide me with an additional path to permanent residency through my degree. And is a way easier that the 457 self sponsoring from what i have learned.

 

I hope your company is already up and ready for your transfer?

wish you all the best.

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Guest GRobbo

Martin

just checking to see how you got on with your route for Visa? We are still awaiting info from our agents as the Subsiduary Company is still beIng processed.??

Any one else who may have any input please contact??

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Guest Prawny4

Hi GRobbo,

Be careful with this visa.. make sure you get it right from the outset. My husband was one of 4 directors in his own UK business and was sponsored by his own company to set up new business in Australia. We are now here on his 457 visa and after two years of working under this sponsorship and being paid by the UK company but working in Australia, he will not be eligible for a permanent visa. This is because when he applies for permanent residents visa he has to be sponsored by the new Australian business but effectively has not been employed by them for two years but by the UK branch, so it is not possible. We are tearing our hair out trying to resolve this. When we initially applied for the visa we had no Australian Business Number (ABN) for the UK sponsoring company but now we do for the new Australian company but they will not accept the two companies as the same entity. We have been told that if the two companies are the same entity, i.e. the UK company owns shares in the new Australian company this may be acceptable. We are checking out what % these shares must be to comply. Best get an immigration lawayers advise, or keep in touch with us to help you with advise and what's happening. Good luck.

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Guest GRobbo
Hi GRobbo,

Be careful with this visa.. make sure you get it right from the outset. My husband was one of 4 directors in his own UK business and was sponsored by his own company to set up new business in Australia. We are now here on his 457 visa and after two years of working under this sponsorship and being paid by the UK company but working in Australia, he will not be eligible for a permanent visa. This is because when he applies for permanent residents visa he has to be sponsored by the new Australian business but effectively has not been employed by them for two years but by the UK branch, so it is not possible. We are tearing our hair out trying to resolve this. When we initially applied for the visa we had no Australian Business Number (ABN) for the UK sponsoring company but now we do for the new Australian company but they will not accept the two companies as the same entity. We have been told that if the two companies are the same entity, i.e. the UK company owns shares in the new Australian company this may be acceptable. We are checking out what % these shares must be to comply. Best get an immigration lawayers advise, or keep in touch with us to help you with advise and what's happening. Good luck.

 

Prawny4,

 

We are awaiting confirmation from our agent as to our Company being set up with ABN No. , etc.and this should be done soon.

 

I will also work for my UK Company as a consultant on various contracts which they will pay by means of an invoices and this will / should cover wages, etc. along with my own work in Australia.

 

I will keep in touch with regards any further information needed.

 

Once again many thanks.

 

GRobbo

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Guest Prawny4

Hi Gary,

 

Thanks for replying. Please do keep in touch as we need all the help and pointers we can get. Very interested in what you achieve and how. It might help us in our need of hour!

Regards

Dawn.

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