Apply for 136 in UK when 457 granted

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Old Jun 14th 2007, 9:53 am
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Default Apply for 136 in UK when 457 granted

I'm a midwife, husband a nurse, both got job offers in Queensland for Jan 2008, ? enough time to go out on 136, both been offered sponsorship for 457 then can be sponsored for PR when we arrive. We are thinking of applying for 457, then once it is granted to apply for 136 in UK, as prefer to be independent. Can we do this?

Also, when granted 136 how long have you got before you have to activate it and go offshore to do this. My worry is we arrive then shortly after have to leave again to activate 136, time off work & school etc.

Can anyone think of reasons why we should both be sponsored and not just one of us on 457?

Many thanks

FlossandJo
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Old Jun 14th 2007, 11:29 am
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by FlOSSANDJO
I'm a midwife, husband a nurse, both got job offers in Queensland for Jan 2008, ? enough time to go out on 136, both been offered sponsorship for 457 then can be sponsored for PR when we arrive. We are thinking of applying for 457, then once it is granted to apply for 136 in UK, as prefer to be independent. Can we do this?

Also, when granted 136 how long have you got before you have to activate it and go offshore to do this. My worry is we arrive then shortly after have to leave again to activate 136, time off work & school etc.

Can anyone think of reasons why we should both be sponsored and not just one of us on 457?

Many thanks

FlossandJo
Can apply for 136 at any time before or after getting 457 if you meet the requirements. When 136 ready for decision, you could stretch it out for 2 or 3 months at a push to coincide with school holidays.

If both sponsored you would not be affected too much if one lost a job but with both of you being nurses and in demand, it should be no problem to pick up another sponsorship so the advantage of the dependent not requiring a full-time position and being totally flexible as to working hours, may be more of an advantage - so just one of you being sponsored to a position may be better.

Regards


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Old Jun 14th 2007, 12:21 pm
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by FlOSSANDJO
I'm a midwife, husband a nurse, both got job offers in Queensland for Jan 2008, ? enough time to go out on 136, both been offered sponsorship for 457 then can be sponsored for PR when we arrive.
There's enough time (approximately) for the employers to sponsor you for ENS (permanent residence) - why can't they do this if the job is so important?

As long as you take up the job in question, you're pretty much a free agent with ENS, provided DIAC don't change the law. This is different to RSMS where there is a legal 2 year tie in.

Alternatively, apply for 136 now (once you have skill assessment), forget the 457, and move when the 136 is granted. If they are keen to hire you in January 2008, can they wait until March if necessary?
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Old Jun 14th 2007, 2:21 pm
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by JAJ
There's enough time (approximately) for the employers to sponsor you for ENS (permanent residence) - why can't they do this if the job is so important?

As long as you take up the job in question, you're pretty much a free agent with ENS, provided DIAC don't change the law. This is different to RSMS where there is a legal 2 year tie in.

Alternatively, apply for 136 now (once you have skill assessment), forget the 457, and move when the 136 is granted. If they are keen to hire you in January 2008, can they wait until March if necessary?
Wouldn't you lose the tax benefits if you apply for 136 and go to Australia on the 457? I'm in a similar position where I'll be going at the end of the year but I dont know whether I should ask the company to apply for the ENS...how long does the application take?>
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Old Jun 14th 2007, 2:24 pm
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by DimWit17
Wouldn't you lose the tax benefits if you apply for 136 and go to Australia on the 457? I'm in a similar position where I'll be going at the end of the year but I dont know whether I should ask the company to apply for the ENS...how long does the application take?>
Do you want to be a permanent resident in Australia or not? That should drive the answer to your question.

There is more to life than "tax benefits", but if you mean Living Away from Home Allowance, this is normally lost as soon as you apply for a permanent visa.

Well prepared ENS applications that meet the requirements without complications, take 3-4 months normally, every case is different. If skill assessment is needed, add the time for that.
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Old Jun 15th 2007, 12:54 am
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Default Re: Apply for 136 in UK when 457 granted

Hi
Just to let you know that my husband's 457 visa (he's a nurse) came through in Jan 07. We decided to apply for 136 from England and application went in May.

The decision to apply before getting to Oz based on research around costs of leaving Oz to activate visa if we applied when arrived and losses around childcare benefits etc. More freedom around changing jobs, possibly positions and promotional prospects open to us. Also due to not having sold our house yet after a long time on the market.

My advice would be to apply now, but all depends on your perspective about things and circumstances.

Jenean
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Old Jun 15th 2007, 10:00 am
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by FlOSSANDJO
I'm a midwife, husband a nurse, both got job offers in Queensland for Jan 2008, ? enough time to go out on 136, both been offered sponsorship for 457 then can be sponsored for PR when we arrive. We are thinking of applying for 457, then once it is granted to apply for 136 in UK, as prefer to be independent. Can we do this?

Also, when granted 136 how long have you got before you have to activate it and go offshore to do this. My worry is we arrive then shortly after have to leave again to activate 136, time off work & school etc.

Can anyone think of reasons why we should both be sponsored and not just one of us on 457?

Many thanks

FlossandJo
really glad to read this post as I've been thinking about a similar thing. I'm being sponsored on a 457 and was thinking about applying for 136 straight away from here before we leave on 457.

I'm not eligible for ENS due to the work requirement and not planning on staying around till the 136 is granted, just want to speed things up a bit as the last thing I want to do when I hit Oz is worry about another visa application. I know we'll have to leave Oz to validate etc but will also be eligible for full medicare when we hit the ground. We'll also be a couple of months into the waiting instead of sitting here in UK waiting. (well that's my plan anyway!!!)

Sarah
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Old Jun 15th 2007, 10:17 am
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by mooncat
really glad to read this post as I've been thinking about a similar thing. I'm being sponsored on a 457 and was thinking about applying for 136 straight away from here before we leave on 457.

I'm not eligible for ENS due to the work requirement and not planning on staying around till the 136 is granted, just want to speed things up a bit as the last thing I want to do when I hit Oz is worry about another visa application. I know we'll have to leave Oz to validate etc but will also be eligible for full medicare when we hit the ground.
That's correct. If you arrive on a 457 and you have a 136 application in the system you are entitled to full Medicare cover. Bring your 136 application receipt to the Medicare office.

Just bear in mind that nothing about your status in Australia is guaranteed until the 136 is granted.
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Old Jun 15th 2007, 6:40 pm
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by FlOSSANDJO
Also, when granted 136 how long have you got before you have to activate it and go offshore to do this.
I have just recieved my 136 visa from 1st of June and it states I must make my initial entry to Oz no later than 11th April 2008 and its not possible to change the date. So it gives me 10 months, plenty of time.
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Old Jun 16th 2007, 10:21 am
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Default Re: Apply for 136 in UK when 457 granted

Thanks for all your responses, I really appreciate it..our priorities are to get to Oz for the start of the school year in Jan and to get PR ASAP. Therefore we are considering 457 for husband and once granted lodge application 136 for me. Any thoughts about this?

Thanks

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Old Jun 16th 2007, 12:59 pm
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by FlOSSANDJO
Thanks for all your responses, I really appreciate it..our priorities are to get to Oz for the start of the school year in Jan and to get PR ASAP. Therefore we are considering 457 for husband and once granted lodge application 136 for me. Any thoughts about this?
Why are you planning to wait so long to apply for your 136?

And are you aware of all the risks and costs involved with a 457?
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Old Jun 17th 2007, 8:47 am
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Default Re: Apply for 136 in UK when 457 granted

Can we apply for 136 & 457 at the same time? Surely this would be too confusing for immigration dept and does one not cancel out the other?

We are awaiting police checks & ANMC assessments, sent of 4wks ago. Both of us will be having the full medical for nurses, so will make sure all covered for 136 & 457.

Not sure who pays what with 457, us or employer: Visa Application Charge $185, Nomination Charge $55, Sponsorship Charge $270. Anyone know?
JAJ What do you mean by risks of 457? If we lodge 136 application before we go we can get PR asap.

We don't think we have enough time to go on 136 for jan 08, beg of school year, hence applying for 457, hospitals will only sponsor for PR after 3 months, tried for ENS already.

Thanks everyone, esp JAJ, This forum is fantastic, more informative than immigration dept and free.
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Old Jun 17th 2007, 1:06 pm
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Default Re: Apply for 136 in UK when 457 granted

Originally Posted by FlOSSANDJO
Can we apply for 136 & 457 at the same time? Surely this would be too confusing for immigration dept and does one not cancel out the other?
A later visa granted cancels an earlier one. Subject to that, you can normally apply for two visas at once.

Not sure who pays what with 457, us or employer: Visa Application Charge $185, Nomination Charge $55, Sponsorship Charge $270. Anyone know?
Whether you pay or your employer pays is subject to negotiation. DIAC won't care who pays.


JAJ What do you mean by risks of 457?
Once again: read the thread http://britishexpats.com/wiki/457_Visa_Restrictions

Problems include hating the job (happens a lot) and someone in the family getting sick after arriving which causes PR to be refused on health grounds (doesn't happen often but is a huge problem for those affected).

We don't think we have enough time to go on 136 for jan 08, beg of school year, hence applying for 457, hospitals will only sponsor for PR after 3 months, tried for ENS already.
You should think about whether it's really a problem if you arrive a few months later. Children are adaptable - it's not the end of the world if they start school in April 2008 is it?

Queensland employers seem to be particularly unwilling to sponsor for permanent residence compared to those in other states. You could tell your employer that you plan to wait until the 136 is granted before you move. If they refuse to hire you then there will be other options.
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