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Temporary to Permanent

Temporary to Permanent

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Old Mar 22nd 2004, 1:59 pm
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Default Temporary to Permanent

If you go to Oz on a 457 visa, which allows temporary residence
for up to 4 years, how quickly can you apply to become
permanent?

The 2 years residency for citizenship, is that 2 years of
permanent residency or just 2 years in Oz?

There are various benefits of staying temporary and others
for becoming permanent, so we're trying to sort out the
different time scales.

Thanks Karen.
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Old Mar 22nd 2004, 5:31 pm
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Default Re: Temporary to Permanent

Originally posted by karen p
If you go to Oz on a 457 visa, which allows temporary residence
for up to 4 years, how quickly can you apply to become
permanent?

The 2 years residency for citizenship, is that 2 years of
permanent residency or just 2 years in Oz?

There are various benefits of staying temporary and others
for becoming permanent, so we're trying to sort out the
different time scales.

Thanks Karen.

Hi Karen

I am having the same problems myself. We have sponsership from a company but we have to go over there on 1 years working holiday visa in order to sort it all out. If it all falls through then have we lost our chance or can I apply out there for PR under skilled sponser???

Isnt the 457 visa for students only who are studying out there??

let me know if you find out as I have searched all day for a way to go now and not have to wait here while application goes through and I cannot as yet find an answer.

good luck

laura
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Old Mar 22nd 2004, 7:52 pm
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Default Re: Temporary to Permanent

Originally posted by karen p
If you go to Oz on a 457 visa, which allows temporary residence
for up to 4 years, how quickly can you apply to become
permanent?

The 2 years residency for citizenship, is that 2 years of
permanent residency or just 2 years in Oz?

There are various benefits of staying temporary and others
for becoming permanent, so we're trying to sort out the
different time scales.

Thanks Karen.
Time spent in Australia as a temporary resident (what a 457er is)does not count towards citizenship. It is 2 in the previous 5 years as a permanent resident in Australia with one of those years in the previous 2 years that entitles to citizenship.

Someone else will have to direct you on the best way to PR.
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Old Mar 22nd 2004, 9:32 pm
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457 visas can be a bit confusing which one are you referring to the 457 Independent Executive (457IE) or the subclass- 457 Temp resident sponsored by a company.

Anyway - the four year temp sponsored does not allow you to become permanent without making another different application - this is why I think you might mean the other one?

If you do mean the 457 temp sponsored - you would need to approach your company as soon as you arrive to arrange a separate aplication for employer nominated PR (on shore), or consider lodging a separate 136 application yourselves offshore. The LAFHA is supposedly not available to an employee from the moment of lodging your perm sponsored application not the moment it becomes valid! This should be checked with your company if receiving LAFHA. No benefits at all are available to temp residents (a little bit of medical cover with medicare), and you have to apply to buy a house and get permission.

We changed over 12 months after arriving on a 457, but we already had our independant application off shore 136 being processed before we came over on a 457.

I am not much up on the 457 IE ones and the other subclasses - the link is here and I think very informative http://www.immi.gov.au/facts/27business.htm

Seems to depend which visa you are on - but can get it changed to perm after four years if Dimia rule your business a success.

"Business Skills (Provisional) visa holders are required to obtain an ownership interest in a business in Australia or maintain their investment in Australia for four years. If this requirement is not met they may not be eligible to apply for a Business Skills (Residence) visa and may have to leave Australia."

Cheers
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Old Nov 7th 2004, 8:26 pm
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Default Re: Temporary to Permanent

Originally Posted by Sandra
457 visas can be a bit confusing which one are you referring to the 457 Independent Executive (457IE) or the subclass- 457 Temp resident sponsored by a company.

Anyway - the four year temp sponsored does not allow you to become permanent without making another different application - this is why I think you might mean the other one?

If you do mean the 457 temp sponsored - you would need to approach your company as soon as you arrive to arrange a separate aplication for employer nominated PR (on shore), or consider lodging a separate 136 application yourselves offshore. The LAFHA is supposedly not available to an employee from the moment of lodging your perm sponsored application not the moment it becomes valid! This should be checked with your company if receiving LAFHA. No benefits at all are available to temp residents (a little bit of medical cover with medicare), and you have to apply to buy a house and get permission.

We changed over 12 months after arriving on a 457, but we already had our independant application off shore 136 being processed before we came over on a 457.

I am not much up on the 457 IE ones and the other subclasses - the link is here and I think very informative http://www.immi.gov.au/facts/27business.htm

Seems to depend which visa you are on - but can get it changed to perm after four years if Dimia rule your business a success.

"Business Skills (Provisional) visa holders are required to obtain an ownership interest in a business in Australia or maintain their investment in Australia for four years. If this requirement is not met they may not be eligible to apply for a Business Skills (Residence) visa and may have to leave Australia."

Cheers
hi sandra, just dredging up old posts to gain info. basically been offered job at townsville hosp as nurse, but they want to apply for 457, have asked for rsms, but think they will stick with what they know, have even offered to pay all expenses.
can you tell me your experiences of validating the 136 visa whilst in oz and how you went about leaving the country and time it took and how long they gave you to leave country to validate. sorry but all things i need to know as its not just me and jim, we have 3 kids (9.7 and 4)

thankyou

Trish
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Old Nov 7th 2004, 8:36 pm
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Default Re: Temporary to Permanent

Originally Posted by jimtrish
hi sandra, just dredging up old posts to gain info. basically been offered job at townsville hosp as nurse, but they want to apply for 457, have asked for rsms, but think they will stick with what they know, have even offered to pay all expenses.
can you tell me your experiences of validating the 136 visa whilst in oz and how you went about leaving the country and time it took and how long they gave you to leave country to validate. sorry but all things i need to know as its not just me and jim, we have 3 kids (9.7 and 4)

thankyou

Trish
Trish

Be careful. Have you ever been to Townsville?

If you are on a temporary visa you are stucxk with your employer and in the same place, like it or not.
Also a lot of employers are not as keen to sponsor for PR as they may sound at first.

You are a nurse so will be better off going for PR in the first place and can then choose where to work.

You probably already know this.

Townsville can be VERY hot and is more of an industrial 'working' town.

You may like that. You may not.

Good luck

G
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Old Nov 7th 2004, 8:42 pm
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Default Re: Temporary to Permanent

Hi Karen,

We are on a 457 visa which we have been on since July 2003. We came (myself, hubby and 2 boys) with my hubbys work. We are now in the process of applying for perm res. I think you can apply as soon as you want, we are doing ours now as the company where hubby works is doing all of the foreigners in a job lot!! But we are being sponsored under the regional sponsored migration scheme i don't know if this makes a difference. Hubby has to stay employed with the company for 2 years after granting of residency visa and then we can go where ever we want. As for citizenship you have to be a perm res for 2 years they don't take into account any temp visa time here.

Hope this helps

Suzanne (the Bettsys)
Originally Posted by karen p
If you go to Oz on a 457 visa, which allows temporary residence
for up to 4 years, how quickly can you apply to become
permanent?

The 2 years residency for citizenship, is that 2 years of
permanent residency or just 2 years in Oz?

There are various benefits of staying temporary and others
for becoming permanent, so we're trying to sort out the
different time scales.

Thanks Karen.
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Old Nov 7th 2004, 9:16 pm
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Default Re: Temporary to Permanent

Originally Posted by the bettsys
Hi Karen,

We are on a 457 visa which we have been on since July 2003. We came (myself, hubby and 2 boys) with my hubbys work. We are now in the process of applying for perm res. I think you can apply as soon as you want, we are doing ours now as the company where hubby works is doing all of the foreigners in a job lot!! But we are being sponsored under the regional sponsored migration scheme i don't know if this makes a difference. Hubby has to stay employed with the company for 2 years after granting of residency visa and then we can go where ever we want. As for citizenship you have to be a perm res for 2 years they don't take into account any temp visa time here.

Hope this helps

Suzanne (the Bettsys)
hi suzanne,

didnt realise you could do rsms on shore, do you have to leave oz to validate at all like 136? any info would be appreciated.

Trish
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Old Nov 8th 2004, 12:11 am
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Default Re: Temporary to Permanent

Originally Posted by jimtrish
hi suzanne,

didnt realise you could do rsms on shore, do you have to leave oz to validate at all like 136? any info would be appreciated.

Trish
Hi Trish

I don't think we do in fact i'm sure we don't have to. We are just filling in forms at the moment and getting our uk police checks sorted. We are applying for a Regional Sponsored Migration Scheme with hubbys employers so i think thats a bit different to a normal migration. Still a headache though!!

Suzanne
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Old Nov 8th 2004, 12:17 am
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Default Re: Temporary to Permanent

Originally Posted by the bettsys
Hi Trish

I don't think we do in fact i'm sure we don't have to. We are just filling in forms at the moment and getting our uk police checks sorted. We are applying for a Regional Sponsored Migration Scheme with hubbys employers so i think thats a bit different to a normal migration. Still a headache though!!

Suzanne
Employer nomination, including RSMS can be applied for onshore.

The problem is that many employers won't sponsor. Not can't - won't.

Jeremy
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Old Nov 8th 2004, 12:21 am
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Default Re: Temporary to Permanent

Originally Posted by JAJ
Employer nomination, including RSMS can be applied for onshore.

The problem is that many employers won't sponsor. Not can't - won't.

Jeremy
We are lucky then as they pais for all our temp visa stuff and flights and are paying for medicals and xrays for us for the perm visa. We just have to pay for the actual visa.

Suzanne (the Bettsys)
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Old Nov 8th 2004, 12:37 am
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Default Re: Temporary to Permanent

Originally Posted by the bettsys
We are lucky then as they pais for all our temp visa stuff and flights and are paying for medicals and xrays for us for the perm visa. We just have to pay for the actual visa.
Not all employers should be tarred with the same brush, but most migration agents working in Australia can point to some shockers among their case histories.

Needless to say the migration agent usually becomes involves only when the temporary visa holder is stuck in Australia and desperate for a visa solution. Sometimes the solution can be found, sometimes it can't.

Jeremy
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Old Nov 8th 2004, 12:43 am
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Default Re: Temporary to Permanent

Originally Posted by JAJ
Not all employers should be tarred with the same brush, but most migration agents working in Australia can point to some shockers among their case histories.

Needless to say the migration agent usually becomes involves only when the temporary visa holder is stuck in Australia and desperate for a visa solution. Sometimes the solution can be found, sometimes it can't.

Jeremy
I am a nurse who is going to Melbourne, working for NorthWestern Mental Health on a 457 LSBV.
I understand your personal concerns as I have read your replies, but what I want to know is what chance do you think I have of getting PR if I have to apply independantly ie my employer won't sponsor me. I have not approached them yet about this.
Cas
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Old Nov 8th 2004, 1:23 am
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Default Re: Temporary to Permanent

Originally Posted by carolinegorka
I am a nurse who is going to Melbourne, working for NorthWestern Mental Health on a 457 LSBV.
I understand your personal concerns as I have read your replies, but what I want to know is what chance do you think I have of getting PR if I have to apply independantly ie my employer won't sponsor me. I have not approached them yet about this.
Cas
It's not a 'personal' concern as I'm an Australian citizen and don't need to worry about visas, at least in Australia

If your employer won't sponsor then your only way to get PR is through the points tested system. If you have a skill on the Victoria shortage list and are working in Melbourne, then STNI (sponsored by Victoria) would also be an option if you can't get to the regular pass mark.

The point I'm making is that people should take promises of future sponsorship for employer PR with a pinch of salt. If employer is really serious, the process of employer nomination can be kicked off immediately, no need to wait.

And anyone coming to Australia on a 457 visa without immediate employer sponsorship ought to work out a fall-back plan if the employer sponsored option doesn't happen. If you're eligible for points tested migration or STNI, why not start that process immediately - why wait a year or so for an employer sponsorship that may or may not materialise?

Jeremy
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Old Nov 8th 2004, 10:26 pm
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Default Re: Temporary to Permanent

Hi, wondered if I clould butt in!

Husband is hoping to get a job as an engineer (457) and will be going asap. We were thinking of PR (I am a nurse) but thought this would be quicker and less 'hassle'. We thought we would try the life over there and if we settle would think about PR.
What I want to know is should we apply now for a PR before we leave and if we do, can we still get it if we are already in Oz? Or would it be better to wait until we get over there and get a PR either through hubby's employer or using my qualifications?

hope someone can help

Tracey
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