purplealster Posted February 25, 2012 Share Posted February 25, 2012 Hi, This question is being asked on behalf of a friend of mine and any assistance would be greatly appreciated.. My friend has been in Brisbane since Sept 2009 and is on a 457 visa - he will be 45 next year. He is eligible to apply for PR and is waiting for his to company to submit the paperwork to immigration - the problem he faces is that it looks like his company may have the potential to be going under. In the instance that the company folds before his PR is granted, how easy would it be for him to transfer his 457 to another company if he got a new job? We believe there is an age limit of 45, if he transfers his 457 to another company and waits the mandatory 12 months before applying for PR, would it be granted as it is possible the end of the 12 months and PR application would fall after his 45th birthday? Many Thanks Purp Link to comment Share on other sites More sharing options...
NickyNook Posted February 25, 2012 Share Posted February 25, 2012 Where does it say that there is a mandatory 12 months on a 457 before PR can be applied for? :confused: Link to comment Share on other sites More sharing options...
purplealster Posted February 25, 2012 Author Share Posted February 25, 2012 Hi, On the initial 457 visa - you can only apply for PR after 2 years - but if you were to change employer and they took over your sponsorship - you have to have worked for that particular employer for at least 12 months before applying for PR. So if you were employed with your previous employer for 1 year and 11 months - tough - you then have to wait until you have been with your new employer for another year - taking the term of your 457 to over 3 years before you can apply for PR. Well, that is our understanding of how it works? Purp Link to comment Share on other sites More sharing options...
NickyNook Posted February 25, 2012 Share Posted February 25, 2012 Hi, On the initial 457 visa - you can only apply for PR after 2 years - but if you were to change employer and they took over your sponsorship - you have to have worked for that particular employer for at least 12 months before applying for PR. So if you were employed with your previous employer for 1 year and 11 months - tough - you then have to wait until you have been with your new employer for another year - taking the term of your 457 to over 3 years before you can apply for PR. Well, that is our understanding of how it works? Purp There's no DIAC rule that says you have to wait one year or two years. You can apply for PR any time you qualify for it. It might be that your particular employer says you have to wait for a particular time period before they will sponsor you for PR - but that's down to individual employers and what they want to put in your contract. There's no universal rule. If you want to apply for PR independently you can do it any time. (Even before you leave for Australia, if you like :wink:) Or maybe your friend will find a new employer who is happy to sponsor for PR immediately. Link to comment Share on other sites More sharing options...
purplealster Posted February 26, 2012 Author Share Posted February 26, 2012 Nicky Nook - thank you very much for your response. Unfortunately he is unable to apply for PR independently as he doesnt meet the points criteria. You will find most companies are hesitant to sponsor someone for PR immediately as most are worried that they invest time and expense and once PR is granted the employee takes off and leaves - my husband deals alot in recruitment and hears about this quite often. The main question that we really need answering is the 45 year age limit for PR - will he be able to be sponsored for PR coming off a 457 beyond the age of 45? Many Thanks Purp Link to comment Share on other sites More sharing options...
floball67 Posted February 26, 2012 Share Posted February 26, 2012 Yeah I wanted to know the same question, I think it July there is some talk about raising the limit but not sure Link to comment Share on other sites More sharing options...
Alan Collett Posted February 26, 2012 Share Posted February 26, 2012 Nicky Nook - thank you very much for your response. Unfortunately he is unable to apply for PR independently as he doesnt meet the points criteria. You will find most companies are hesitant to sponsor someone for PR immediately as most are worried that they invest time and expense and once PR is granted the employee takes off and leaves - my husband deals alot in recruitment and hears about this quite often. The main question that we really need answering is the 45 year age limit for PR - will he be able to be sponsored for PR coming off a 457 beyond the age of 45? Many Thanks Purp http://www.immi.gov.au/skilled/skilled-workers/ens/exemptions.htm#b Might be of assistance ... Best regards. Link to comment Share on other sites More sharing options...
Raul Senise Posted February 26, 2012 Share Posted February 26, 2012 Hi,This question is being asked on behalf of a friend of mine and any assistance would be greatly appreciated.. My friend has been in Brisbane since Sept 2009 and is on a 457 visa - he will be 45 next year. He is eligible to apply for PR and is waiting for his to company to submit the paperwork to immigration - the problem he faces is that it looks like his company may have the potential to be going under. In the instance that the company folds before his PR is granted, how easy would it be for him to transfer his 457 to another company if he got a new job? We believe there is an age limit of 45, if he transfers his 457 to another company and waits the mandatory 12 months before applying for PR, would it be granted as it is possible the end of the 12 months and PR application would fall after his 45th birthday? Many Thanks Purp There is no age limit for the subclass 457 visa. If applying for PR via the employer nomination scheme, applicant must be under the age of 45, unless exceptional circumstances allow for an age exemption. Age exemption will vary on numerous factors. Link to comment Share on other sites More sharing options...
floball67 Posted February 26, 2012 Share Posted February 26, 2012 Hi Raul, Have seen you above comment, just out of interest is the age exemption hard to gain, would it be easier if you have a specialist skill Thanks Link to comment Share on other sites More sharing options...
Raul Senise Posted February 27, 2012 Share Posted February 27, 2012 Hi Raul, Have seen you above comment, just out of interest is the age exemption hard to gain, would it be easier if you have a specialist skill Thanks It depends on the specifics of the case. It becomes progressively more difficult the older an applicant is over the age of 45. Specialist skills help, but the result is dependent on a number of factors. Migration Policy gives guidelines in increments i.e. 45 to 50, 50 to 55 and 55 to 60. Over 60 is generally not considered but can be achieved. Link to comment Share on other sites More sharing options...
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