857 Visa's

Old Mar 10th 2011, 11:46 am
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Default 857 Visa's

Hi Guys long time no chat.

This is the question. If on a temp sponsored visa and then after 4 years applying for the 857 visa, what happens if you are over 45years old?

A friend is pretty confused as to what they need to do, their application is in and they have asked for 'them to demonstrate that 'exceptional circumstances' exist.

Is the financial hassle of being kicked out enough or do they need to go really indepth as to what would happen if they had their application refused. They have been asked for medicals again and the police checks so surely all is not lost.

Thanks heaps
Jenny
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Old Mar 10th 2011, 8:17 pm
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Default Re: 857 Visa's

They need to prove the below:

•the position is essential to the operation of the business
and
•the employer demonstrates that it is not possible to find a suitably qualified person younger than the applicant.
Taken from: http://www.immi.gov.au/skilled/skill...emptions.htm#b

DIAC are not interested in the personal or financial inconvenience to your friend, they are interested in the reasons as to why the business needs this person.
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Old Mar 11th 2011, 11:57 am
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Default Re: 857 Visa's

Thanks for the reply.

I was hoping that because they originally where granted a sponsored temp visa that the Aussie government wouldn't be as cruel to them shaft them after being here almost 5 years. Why give them a visa in the first place, if only to take it away later when they are settled.

I think he will have to chat to work and see what they can do, they certainly don't want to loose him.

Thanks again for the input.
Jenny
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Old Mar 11th 2011, 12:06 pm
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Default Re: 857 Visa's

Originally Posted by jensteve View Post
Thanks for the reply.

I was hoping that because they originally where granted a sponsored temp visa that the Aussie government wouldn't be as cruel to them shaft them after being here almost 5 years. Why give them a visa in the first place, if only to take it away later when they are settled.

I think he will have to chat to work and see what they can do, they certainly don't want to loose him.

Thanks again for the input.
Jenny
The 457 is a temporary visa and your friends should have always been prepared for it to end. It isn't a precursor to a PR visa and isn't ever advertised as such. I feel for them as we were in the same position. I know plenty of people over 45 and even 50 who were granted the 857 so hopefully it will be fine.
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Old Mar 11th 2011, 12:07 pm
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Default Re: 857 Visa's

Originally Posted by jensteve View Post
Thanks for the reply.

I was hoping that because they originally where granted a sponsored temp visa that the Aussie government wouldn't be as cruel to them shaft them after being here almost 5 years. Why give them a visa in the first place, if only to take it away later when they are settled.
You are not supposed to "settle" when you are on a temporary visa.
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Old Mar 12th 2011, 12:40 am
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Default Re: 857 Visa's

HI
Thanks for the comments.
I think they are surprised as before they came over on their visa spent several days in the immigration offices in Perth and was told this was the best route to take if wanting to come on a perm basis.

Oh well, will have to wait and see what happens is a shame though.

Jenny
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Old Mar 12th 2011, 2:40 am
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Default Re: 857 Visa's

I hope your friend can get this sorted really, and I am sure that there will be a way.

However don't really understand why you or they think they have been shafted by the australian government or that something is unfair. It should have been clear that the temporary visa would come to an end, hence use of the word temporary.

Sometimes a 457 is the steping stone to a permanent visa, but it is never an automatic progression.
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Old Mar 14th 2011, 9:39 am
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Default Re: 857 Visa's

Originally Posted by jensteve View Post
Hi Guys long time no chat.

This is the question. If on a temp sponsored visa and then after 4 years applying for the 857 visa, what happens if you are over 45years old?

A friend is pretty confused as to what they need to do, their application is in and they have asked for 'them to demonstrate that 'exceptional circumstances' exist.

Is the financial hassle of being kicked out enough or do they need to go really indepth as to what would happen if they had their application refused. They have been asked for medicals again and the police checks so surely all is not lost.

Thanks heaps
Jenny
Hi we came on a 457 visa ,after 2 years you can apply for PR ,Friends of my husband have theirs granted at the age of 50 !
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Old Mar 14th 2011, 9:50 am
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Default Re: 857 Visa's

Originally Posted by jilla411 View Post
Hi we came on a 457 visa ,after 2 years you can apply for PR ,Friends of my husband have theirs granted at the age of 50 !
No you can't just apply for PR after 2 years on a 457. There is a hell of a lot more to it.

Unfortunately people such as those known to the OP find themselves in a trikcy situation because they believed such a myth.
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Old Mar 14th 2011, 10:35 am
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Default Re: 857 Visa's

Originally Posted by jilla411 View Post
Hi we came on a 457 visa ,after 2 years you can apply for PR ,Friends of my husband have theirs granted at the age of 50 !
457 *may* help in gaining points in skilled visas, for Australian work experience. But then you may lose points for age, so it could turn into a zero sum game. As with any other visa you can apply for PR when you are eligible, before, after, instead of 457.

The 2 year myth is spread by those who are offered a sponsored PR by their employers. Th reason behind it is that you do not need skills assessment, provided you are in the same job. This in reality may be the only hope to PR for some, who would have difficulties having their skills assessed.

The bit that is usually left out is the employer must process a nomination for you to be able to apply for PR, which also kind of locks you in to the job, that you may or may not like 2 or 3 years down the road. The fact that you may not like the place, the pay, weather, a-holes you would have to work with or live near to, etc. is not explained very well either. Even if all that works out, in two years time your employer may decide not to do the nomination or fail at obtaining it for reasons out of your control. All of which leads to the visa running out and you going back home in a hurry.

As Bermuda already said, there is a heckof a lot more to it.
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