Steve Sample

My wife, daughter and I arrived in Australia in 2012 all on a 4 year 457visa, when arrived the law changed & they dropped the age from 55 to 50 to get PR. My visa is now being renewed but my 21 y/o daughter who has been working the last couple of years cannot be added as she is no longer dependant on me. They say she has to leave Australia. She has no immediate family in UK ( all living in Australia) and does not want to leave. She does not have a qualification on the skills list. We know she can come back on a holiday visa,but does anyone know anything on how we can keep her here or how to get her added to my visa. Just got word from my migration agent after submitted application they won't add her on my visa & I have to remove her from the application and she has to leave Australia 😒. Any help would be much appreciated. Thanks Steve.

Dorothy

Sorry, but this scenario is exactly why people here tell new posters to be very wary of the 457, especially with teenage children. Unfortunately, unless your 21 year old is in full time education and/or dependent on you she's going to have to leave the country.

Why in the previous 4 years did you not apply for PR on your own?

Steve Sample

As said too old the law has changed. You have to be under 50 . The only way i can stay/work here is on a 457 visa.

Steve Sample

As said too old.Law as changed you have to be under 50. Only way i stay / work is on 457 visa. My other daughter is married to an Aussie and has her PR & lives in Melbourne

spouse of scouse

Not trying to be sneaky (well, I suppose I am in a way), but if the OP's daughter enrolled in a full-time uni or college course now (and actually did the course), would that qualify her to stay in Oz as the OP's dependent while she was studying?

Dreamy

I'm fairly sure that when we were in a similar situation (except our eldest was a full time uni student) we had to put down any employment he had had when we applied for PR after 2 457s and had to prove he was a dependent.

Also, when we applied for our second 457, which would have taken Eldest up to after his 22nd birthday, they only granted his 457 with a validity up to his 21st birthday (or it could have been upto the eve of his 22nd, can't remember for sure and I only have our initial grants on this pc) - but it was definitely a shorter period than the 457 grant for the rest of the family, which spurred us on to find a way to make it permanent.

Dreamy

I would think your best bet is to get her on a WHV, have her do the regional work, so that gives her 2 years, and hope she falls in love with an Aussie.

Pollyana

I believe so. But if they were rrying to include her for PR she would need to be anle to prove dependency the whole time until the visa was graned.

Bermudashorts

Australia has not dropped the age from 55 to 50 to get PR, it has never been 55 in all the time I have been reading immigration forums which is since 2009. I believe New Zealand had an age limit of 55 for its skilled migration program, but not Australia.

Having said that, there is a route for over 50s anyway, after four years on the 457 visa the employer could sponsor for the permanent 186 visa and your daughter should be able to go on this as a member of the family unit who was on the 457. You would need to have been earning over a particular threshold for each of these four years though, about $130k, is this something you have looked into?

If you cannot take that path, then what you have been told is correct, she is an adult so of course she cannot go on a new 457 visa application. There will be no way around this. Moving on a 457 visa with a teenager is something that sets of ginormous warning bells to most of us on here, it is unfortunate that you did not look into it sooner.

Steve Sample

Australia have dropped the age limit to 50 in july 2012. I will check on the 186 visa option with my migration agent. Could be a option. Thanks to all for your comments much appreciated 😉😊

Bermudashorts

A bit academic, but Australia has never had a 55 age limit on visas. I am absolutely certain of it. In fact if you google about, you will find that in 2012 the age limit increased from 45 to 50 for some visas.

Regarding the 186 visa, are you over the income threshold? It is the employer that you need to speak to if so, they would have to agree to sponsor for that visa.

It is important that you make use of the specific provisions and pathway that would allow your daughter to be on the visa application as a member of the original family unit. You can only do this if your 186 is applied for through a transition stream. Any other visa pathway and as you have found, she could not be on your application. You need a good agent for this one, don't let yours fob you off if they appear unfamiliar with these specific provisions.

old.sparkles

There are a few exemptions to the 50 year age requirement on the 186 but from what I remember, in 2012 they actually raised the age limit to 50 from 45 (although getting PR after 45 is still difficult) - maybe it was diifferent for 457 holders.

Anyhow, 186 info here - Employer Nomination Scheme (subclass 186) but for your daughter, the WHV may be the best option for now (cheaper than student visa) but if you do not have a long term pathway to PR maybe it would be good for all of you to look at options back in UK

Bermudashorts

There is a specific provision for adult chilldren to progress to a PR visa with the rest of the family even if they are no longer dependent if they were on the original 457 visa and they apply through the transition stream.

I would implore the OP to look into this before thinking about WHV, which indeed if they cannot get the 186 visa looks to be best option along with hoping to find an Aussie partner.

old.sparkles

Thanks BS

verystormy

If you do not meet the income threshold (about $134k) then sooner or later you will be going back yourself anyway