457->PR and time abroad
Apr 24th 2011, 12:52 am
#1
Forum Regular
Thread Starter
Joined: Jan 2009
Location: Perth
Posts: 33
457->PR and time abroad
Hi All
We've been here on a 457 since Sept 2009 - so just over 18 months. The plan is and was after being here for the 2 years to go down the Employer Nominated sponsored route to PR. My employer is willing to sponsor me, the position will be available for at least 3 years from that point, I'm the only person who can do the job, the job is on the ENSOL list etc. So it would appear all the formal boxes are checked!
However, the parent company (UK based) is looking to utilise me for a couple of months starting in the next month or two. I will remain employed by the Oz company the whole time. Truth be told I could fulfill that role from Oz (I'd certainly prefer to) but it would be easier and possibly more efficient if I returned to the UK to oversee the 'project'. So if it doesn't mess with my personal PR objectives I'm willing to consider it.
My question is this :- If I spent say 3 months back in the UK would that set me back 3 months on completing the 2 years employment by an Australian employer to not have to bother with a skills assessment. Or would it still count despite the fact I was temporarily back in the UK?
Any help much appreciated
Bernie
We've been here on a 457 since Sept 2009 - so just over 18 months. The plan is and was after being here for the 2 years to go down the Employer Nominated sponsored route to PR. My employer is willing to sponsor me, the position will be available for at least 3 years from that point, I'm the only person who can do the job, the job is on the ENSOL list etc. So it would appear all the formal boxes are checked!
However, the parent company (UK based) is looking to utilise me for a couple of months starting in the next month or two. I will remain employed by the Oz company the whole time. Truth be told I could fulfill that role from Oz (I'd certainly prefer to) but it would be easier and possibly more efficient if I returned to the UK to oversee the 'project'. So if it doesn't mess with my personal PR objectives I'm willing to consider it.
My question is this :- If I spent say 3 months back in the UK would that set me back 3 months on completing the 2 years employment by an Australian employer to not have to bother with a skills assessment. Or would it still count despite the fact I was temporarily back in the UK?
Any help much appreciated
Bernie
Apr 24th 2011, 1:11 am
#2
Forum Regular
Joined: Aug 2008
Posts: 244
Re: 457->PR and time abroad
A very tricky question and you would be best advised to consult a registered migration agent on that one. Forget contacting DIAC on their helpline number as it seems to depend who you get as to what the advice is. Hope it works for you.
Apr 24th 2011, 1:47 pm
#3
BE Forum Addict
Joined: Jun 2007
Location: Peregian Springs, Sunshine Coast
Posts: 1,872
Re: 457->PR and time abroad
Hi All
We've been here on a 457 since Sept 2009 - so just over 18 months. The plan is and was after being here for the 2 years to go down the Employer Nominated sponsored route to PR. My employer is willing to sponsor me, the position will be available for at least 3 years from that point, I'm the only person who can do the job, the job is on the ENSOL list etc. So it would appear all the formal boxes are checked!
However, the parent company (UK based) is looking to utilise me for a couple of months starting in the next month or two. I will remain employed by the Oz company the whole time. Truth be told I could fulfill that role from Oz (I'd certainly prefer to) but it would be easier and possibly more efficient if I returned to the UK to oversee the 'project'. So if it doesn't mess with my personal PR objectives I'm willing to consider it.
My question is this :- If I spent say 3 months back in the UK would that set me back 3 months on completing the 2 years employment by an Australian employer to not have to bother with a skills assessment. Or would it still count despite the fact I was temporarily back in the UK?
Any help much appreciated
Bernie
We've been here on a 457 since Sept 2009 - so just over 18 months. The plan is and was after being here for the 2 years to go down the Employer Nominated sponsored route to PR. My employer is willing to sponsor me, the position will be available for at least 3 years from that point, I'm the only person who can do the job, the job is on the ENSOL list etc. So it would appear all the formal boxes are checked!
However, the parent company (UK based) is looking to utilise me for a couple of months starting in the next month or two. I will remain employed by the Oz company the whole time. Truth be told I could fulfill that role from Oz (I'd certainly prefer to) but it would be easier and possibly more efficient if I returned to the UK to oversee the 'project'. So if it doesn't mess with my personal PR objectives I'm willing to consider it.
My question is this :- If I spent say 3 months back in the UK would that set me back 3 months on completing the 2 years employment by an Australian employer to not have to bother with a skills assessment. Or would it still count despite the fact I was temporarily back in the UK?
Any help much appreciated
Bernie
I work outside Australia quite often, but for short 1 - 2 week periods. in say NZ, Japan, USA, etc and when I did my 856 application I never even gave it a thought that it had to be two years in the country and there was from memory no question like that. I had propbably a total of more than two months overseas in the two years.
You only had to prove that you worked for the company for two years, like with payslips etc, copy of contract etc.
I think some professional guideance may be to be sure, but I din't see it as a problem.
Apr 25th 2011, 9:50 pm
#4
Officially Bewildered
Joined: Nov 2006
Location: Blue Mountains, NSW
Posts: 5,523
Re: 457->PR and time abroad
Cannot really help for certain. But on the 856 PR application from what I remember it wasn't a two year period IN Australia, only two years in that role with the company. i.e. not like becoming a citizen when it is 4 years in the country and holidays outside etc are deducted.
You must also meet one of the following requirements:
•have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
•have been nominated to fill a position with a base salary of more than AUD250 000 per annum (excluding superannuation or allowances)
•have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
•have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
•have been nominated to fill a position with a base salary of more than AUD250 000 per annum (excluding superannuation or allowances)
•have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
To the OP, to be sure about how working overseas for a while would affect your application you may be best finding out from a migration agent with experience in this area.
Apr 26th 2011, 12:19 am
#5
Forum Regular
Thread Starter
Joined: Jan 2009
Location: Perth
Posts: 33
Re: 457->PR and time abroad
As with most things in life nothing is ever clear cut - except, in this case, the need to consult with a migration agent 
.
Cheers for the input!
Bernie
. Cheers for the input!
Bernie
