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Old Apr 17th 2012, 11:42 pm   #1
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Default 457 Visa uncertainty

Hi Guys

My posts have been very sporadic over the years and probably dont make much sense as we have been all over the place between emigrating to nz from uk, back to uk, parents dying etc. But we are at a junction now. We had planned to wait here in nz 1 more year until citizenship to move to oz, however we have now found out that its more like 2 and a half years as we spent time back in the uk for sick relatives. We want to be in oz much sooner than that..... so..

My wife has been offered a role in Perth on a 457 Visa, what we and the company offering the role are unsure of as there seems to be so much confusion at present is how things will change for us after July 1st ( we plan on arriving on 5th June)

Fist of all, LAFHA, is there any definitive word yet on whether it will be straight out abolished or phased out over a year or two? If we were in before July 1st and claiming would we qualify for the phasing out peroid?

More importantly ( as we have kind of given up now on LAFHA) our understanding is that after working on a 457 visa for 1 year you can apply through your employer for residency, but that is changing to 2 years after July 1st. Does anyone know whether if we arrive and start work before July 1st my wife will still be able to apply after 1 year as she is ion before the cut off? Or will everyone applying after July 1st need 2 years?

Also, is the process straight forward as an employer is sponsoring us, as we dont currently qualify under normal residency process( why we are going with 457)

anyway, hope someone can help, i have tried looking all this up, but its much harder to find and less straight forward than when we emigrated to nz.

cheers
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Old Apr 17th 2012, 11:50 pm   #2
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Default Re: 457 Visa uncertainty

Sorry, I should say, apply for residency after 1 year WITHOUT skills assesment.

(My wife has 8 years experience, but no qualifications, have looked in to the skills assesment and they require degree)
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Old Apr 18th 2012, 12:19 am   #3
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Default Re: 457 Visa uncertainty

It has always been my understanding that the current and previous system required 2 years of work to gain employer sponsorship without the skills assessment. I hope someone who has been through it will comment on that.

It is also my understanding that the process for 457 holders to change jobs/become PR will be 'streamlined' after July - so may be improved options rather than restricted ones.

Not sure anything definite has been confirmed about LAFHA.
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Old Apr 18th 2012, 12:24 am   #4
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Default Re: 457 Visa uncertainty

Hi

Yes, the LAFHA thing nopt being decided yet is prett outrageous considering the timescale, but I could of sworn I saw it here that as it stands you can apply for residency after 1 year with no skills assesment, but that it is going to 2 after July 1st, maybe im going mad, maybe its the other way around??
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Old Apr 18th 2012, 3:44 am   #5
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Default Re: 457 Visa uncertainty

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Originally Posted by walshy View Post
Hi

Yes, the LAFHA thing nopt being decided yet is prett outrageous considering the timescale, but I could of sworn I saw it here that as it stands you can apply for residency after 1 year with no skills assesment, but that it is going to 2 after July 1st, maybe im going mad, maybe its the other way around??
No it has always been that after two years on a 457 visa, the skills assessment may be skipped as part of a ENS (permanent) employer sponsored visa application. This is expected to stay the same after July 1.

It might just be a figure of speech, but it has never been as simple as 'applying for residency" after two years on a 457 visa. The occupation still had to qualify for permanent employer sponsorship (not all did as there were different lists for temporary and permanent sponsorship) and the employer had to be willing to provide the permanent employer sponsorship.

After July 1, apparently the process of transitioning from temporary to permanent will be "streamlined" but I am still not clear what that means myself.

I think most people would assume that LAFHA is definitely going to be changed in the new financial year. If you are coming on an employer sponsored visa, I would be ensuring that the salary is to your liking without having to rely upon LAFHA to top it up.
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Old Apr 18th 2012, 4:33 am   #6
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Default Re: 457 Visa uncertainty

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Originally Posted by Bermudashorts View Post
No it has always been that after two years on a 457 visa, the skills assessment may be skipped as part of a ENS (permanent) employer sponsored visa application. This is expected to stay the same after July 1.

It might just be a figure of speech, but it has never been as simple as 'applying for residency" after two years on a 457 visa. The occupation still had to qualify for permanent employer sponsorship (not all did as there were different lists for temporary and permanent sponsorship) and the employer had to be willing to provide the permanent employer sponsorship.

After July 1, apparently the process of transitioning from temporary to permanent will be "streamlined" but I am still not clear what that means myself.

I think most people would assume that LAFHA is definitely going to be changed in the new financial year. If you are coming on an employer sponsored visa, I would be ensuring that the salary is to your liking without having to rely upon LAFHA to top it up.
The employer has confirmed they will willing to sponsor my wife as soon as is possible, I assume if it is on the skills list now, it would be in 2 years? Thats probably the sort of luck we have that 2 years down the line it will be off. To be honest its only recruitment, im amazed it is on the list at all, I am concerned it wont be forever.

I think I was confused, after 2 years presently you can apply with 2 years work in oz but only 1 with current employer, after july 1st its going to 2 + 2.

Last edited by walshy; Apr 18th 2012 at 5:48 am.
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Old Apr 18th 2012, 8:24 am   #7
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Default Re: 457 Visa uncertainty

Nobody can tell you what will be on the list two months from now, let alone two years. Sorry.
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Old Apr 18th 2012, 8:28 am   #8
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Default Re: 457 Visa uncertainty

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The employer has confirmed they will willing to sponsor my wife as soon as is possible, .
Do you mean they are willing to sponsor as soon as possible for the permanent visa? If so, as soon as possible is immediately.

That is if she meets the criteria for that visa; which does not include having already spend one or two or any other number of years on a 457 visa. There is a lot of myth and misunderstanding about having a temporary visa.
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Old Apr 18th 2012, 8:30 am   #9
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Default Re: 457 Visa uncertainty

She can't pass the skills assessment which is why they are looking at the 457 first.
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Old Apr 18th 2012, 8:50 am   #10
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Default Re: 457 Visa uncertainty

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She can't pass the skills assessment which is why they are looking at the 457 first.
Ah ok, I didn't go back and read up, was on mobile.
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