457 to PR

Old Dec 4th 2008, 10:47 am
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Smile 457 to PR

Hi I am in Oz at the min on a 457 visa and we all love it. I am a Midwife and my employers say they will sponser me for PR when I have worked for them for 12 months (we've been here 2 months).

We are thinking of applying independantly as our oldest son is 18. He is going to be in fulltime education in Jan which is great and we've told him he cant work, due to the non dependant issue.

Advice would be great thanks, including visa numbers...thanks
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Old Dec 4th 2008, 9:40 pm
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Default Re: 457 to PR

The best place to start is www.immi.gov.au and use the Visa Wizard.

Also download Booklet 6 from the same site.

I expect you may be eligible for the 175 - skilled independent

If not, then the 176 - skilled sponsored (state).

Godo luck!
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Old Dec 5th 2008, 12:03 am
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Default Re: 457 to PR

You have to have been here on a 457 visa for two years in order to apply for the employer sponsored visa.

As long as you have the points you can do the 175 at any time, although it's worth noting that you may get 10 points for having worked for a year in Australia prior to applying. By 'may get' I mean that it has to be relevant work. The only hassle with the 175 is that you have to leave the country to get the visa and come back in. Still, you could look forward to a nice holiday

I'll be back in the UK for a week at the end of March. It would be nice if I could pick up my 175 visa when I'm there. If not nevermind will be a trip to NZ.

And another piece of advise - I applied for my 175 visa right after I got my last 457. Reason being that if for whatever reason immigration refused to give me permanency then I can still stay here until the 457 expired, which would give me plenty of time to either re-evaluate my options - whether there was another way to permanency - or to try another country.

I have always wondered about what happens to those people who are living here on a temp visa but get PR turned down.
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Old Dec 5th 2008, 1:30 am
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Default Re: 457 to PR

Sorry, but that advice is not true.

You have three criteria which are OR criteria

a) been on 457 for 2 years, with 12 months with current employer; OR
b) have skills assessed successfully and have 3 years post-qualification experience; OR
c) get paid a lot of money (which I thin is currently about $185k)

Many people on 457 can successfully get ENS using b) above. There is no requirement to be here 2 years, though there appears to be a common misunderstandin that this is required.


Originally Posted by Deutschmaster View Post
You have to have been here on a 457 visa for two years in order to apply for the employer sponsored visa.

(
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Old Dec 5th 2008, 2:21 am
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Default Re: 457 to PR

Originally Posted by jayr View Post
Sorry, but that advice is not true.

You have three criteria which are OR criteria

a) been on 457 for 2 years, with 12 months with current employer; OR
b) have skills assessed successfully and have 3 years post-qualification experience; OR
c) get paid a lot of money (which I thin is currently about $185k)

Many people on 457 can successfully get ENS using b) above. There is no requirement to be here 2 years, though there appears to be a common misunderstandin that this is required.
I came over after finishing my uni degree. Unfortunately that meant that I didn't have the 3 year experience
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Old Dec 5th 2008, 2:35 am
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Default Re: 457 to PR

Originally Posted by Deutschmaster View Post
I came over after finishing my uni degree. Unfortunately that meant that I didn't have the 3 year experience
The 3 year experience requirement can be waived in "exceptional" cases.

Otherwise, if in a regional area, RSMS is an option - no work experience normally needed.
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Old Dec 5th 2008, 2:38 am
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Default Re: 457 to PR

Originally Posted by JAJ View Post
The 3 year experience requirement can be waived in "exceptional" cases.

Otherwise, if in a regional area, RSMS is an option - no work experience normally needed.
I've always wondered if there is criteria about 'exceptional case'. Otherwise it seems subjective, and when one is applying for a visa one prefers criteria that they can be sure that they fulfil
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Old Dec 5th 2008, 2:48 am
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Default Re: 457 to PR

Originally Posted by Deutschmaster View Post
I've always wondered if there is criteria about 'exceptional case'. Otherwise it seems subjective, and when one is applying for a visa one prefers criteria that they can be sure that they fulfil
There is some further detail on page 15 of Booklet 5.
http://www.immi.gov.au/allforms/booklets/booklets.htm

In seeking exceptional circumstances, the employer can provide details of why the position is so unusual or highly specialised that a suitably qualified employee with 3 years post-qualification experience cannot be found.

The 3 years post-qualification requirement may be considered exceptional and be waived where the occupation being nominated is on the Migration Occupations in Demand List (MODL).
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