fourcorners Posted July 13, 2011 Share Posted July 13, 2011 We are looking at moving out to Kalgoorlie in October on 457 visas, having previously spent 18 months living and working in Australia. We intend to apply for PR as soon as possible and with my partners job we will be asking for PR sponsorship to be part of the employment package (we know they have done this in the past with friends). The question is, I know usually you have to be living/working for 2 years before applying, but will our previous 18 months count towards that? Or does it have to be a continuous 2 year period? It would be nice if we could start applying in 6 months time.... I think if we had to wait another two years we would go down the independent PR route. Link to comment Share on other sites More sharing options...
Ozmaniac Posted July 13, 2011 Share Posted July 13, 2011 It's an unbelievably commonly fallacy/myth that you must spend 2 years on a 457 temporary visa before becoming eligible to be sponsored for a permanent visa. It's simply not true. You're going to Kalgoorlie which is in a regional area so you have more than one option for a permanent employer sponsored visa. 1. Your 457 sponsor can sponsor you at any time for a subclass 121/856 ENS visa if you obtain skills assessment before applying for the permanent visa - you must also have at least 3 years work experience. The myth has arisen because if you work for the 457 employer for 2 years, skills assessment isn't required and the 3 years experience doesn't apply either, but if you have both, you can apply the day after you begin your 457 if your employer is willing to sponsor you for the permanent visa. A 121/856 is a permanent, no strings attached visa and as far as DIAC are concerned, you are not required to stay with the employer though some employers may insist on a legally binding employment contract. 2. You can also be sponsored at any time you meet the requirements for an RSMS visa and for that one, there is no need for skills assessment and no defined work experience requirement. An RSMS visa is permanent, but you are required by DIAC to remain employed in the nominated position in the regional area for at least two years. To answer your specific question about being able to take your previous work into account... If you don't get skills assessment and/or can't meet the 3 years experience requirement and therefore must wait for 2 years before becoming eligible to be sponsored for a 121/856 ENS visa, you must have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer). It isn't clear from the information you've provided if your previous 18 months work can be counted towards the 2 years. Link to comment Share on other sites More sharing options...
fourcorners Posted July 13, 2011 Author Share Posted July 13, 2011 Sorry, I meant to put that there has been a 3 year gap since our 18 months in Kal previously. I know that PR can be applied for at any time with a skills assessment and 3 years experience (we have the experience just not the skills assessment). If I was going down the skills assessment route I would apply for independent PR to avoid being tied in by the company. Link to comment Share on other sites More sharing options...
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