457 Visa to PR Status
 

Hi People,
I hope that somebody can help, we are about to go to Brisbane on a 457, can we apply for PR while the 457 is still in force? Or do we have to leave Oz to apply for PR.

Feedback would be greatly appreciated!

Gary:confused:

Re: 457 Visa to PR Status
 

Which p/r visa are you planning to apply for? If a general skilled visa, there are no requirements as to where you have to be when lodging the visa application - but of course you have to be outside Australia at the time of visa grant.

Best regards.

Hi Gary,

If you mean the 457ie visa then you would normally apply for the PR in Australia, and obviously within the 4 year time frame. This is because you need to show that you are involved in the day to day running of your business.You can come and go from Aus as often as you like, but i'm not sure you could show you were in day to day control of the business if you were away for any length of time.

Hope this helps

Alex

Thanks for the replies!
We are being sponsored by a medical agency, I don't know how this affects the type of PR we go for, Clare my partner is a Radiographer>

Please advise!
Gary

You are probably looking at a general skilled visa (see my earlier reply), but if your partner can find an employer to sponsor her for a permanent visa under the Employer Nomination Scheme or the RSMS so much the better, as then you won't have to leave at the time of visa grant.

Have a look at Employer Sponsored Visas at the immi.gov.au website for more info, and download booklet number 5 as well.

Best regards.

I have a 457 Visa which means I get Living Aweay From Home Allowance (LAFHA), get this if you can as it effectively pays your rent out of gross salary (saving up to 48%) and an allowance for food costs too. I'm informed its the best tax break going. If you do get LAFHA you will be disincentivised from applying for PR (or indeed buying a house) as you will lose this perk.

Thanks Alan &Jayr,
Call me ignorant, but what does disincentivised mean, am i right thinking that as long as we are renting we will be able to claim! We plan to rent for about 1 year, we will have about £15k to come over with, not a lot but it's a start, this is for a deposit either to build or buy. LAFHA I knew about ,but didn't realise how good a perk it was! Thanks Jayr, it's brilliant to talk to peole like you who are actually in Brisbane.

You cannot claim LAFHA if you get PR or buy a house, its all about being here only temporarily (whatever your intentions). As such, much as I'd like to plunge into PR and buying a house, LAFHA means I'm around $800/month better off not to do so.

As my rent is about $1600 and this comes out of gross pay (and lets say at a marginal tax rate of 50% for simplicity) then I'm $800/month better off. If I buy a house or go for PR I will lose this.

Don't really understand the rules and whether the employer has got something to do with it too (salary sacrificing, if you've heard of it).

Living Away From Home Allowance
 

Gary,

Re the Living Away From Home Allowance - have a look here:
http://www.gomatilda.com/news/article.cfm?articleid=61

Note that the LAFHA is to be negotiated with the Australian employer BEFORE you start work as part of your salary packaging - and that the risk if you are not temporarily resident in Australia sits with the employer, as any amounts paid as a LAFHA where the employee is NOT entitled to a tax free payment are then taxed on the employer under the Fringe Benefits Tax legislation.

Best regards.

Hiya,

I am a theatre nurse currently in Melbourne on a 457 temp res visa (ENS).

As a radiographer I am sure you would be expediated through the visa system, as you have highly desirable skills for Aus at present. ( we get fed up waiting for those darned radiographers to come to bloody theatre!!!!!!!!...there seems to be about 12 for the whole of melb, I think!!)

The Melbourne business centre, which is where I am going to lodge my ENS perm res ( next week...argg!!) is saying that if front loaded, and completed, will take about 6-8 weeks for completion.

I just have to supply a letter from my employer stating that my job will be for a minimum of 3 years full time (although I belive it can be anything over 25 hours) so that my skills are of benefit to the country.

If you choose to apply for skilled migration (perm residence) as some of our girls are, then it goes via adelaide, but seems to be fast tracked at between 4-6 months.

cheers.

Re: Living Away From Home Allowance
 

Hello Alan

I'm going over there on an Employer sponsored 457 visa. My employer said 10,000 of my salary will be paid into a seperate account and then i will only be taxed on the remainder. Is that my LAFHA?
Mandy

Re: Living Away From Home Allowance
 

I'm not sure Mandy, you'd have to ask the employer, although I'm not aware of monies having to be paid into a separate account for the LAFHA to be available.

Best regards.