NZBee

Hi there,

I was wondering if someone in the know would be able to give me some quick advice?
I am in Australia, and am currently sponsored by my company on a 457 visa. I have been with them for 4 months, and all going well, see myself at the same company for the next few years (as long as they will have me!).
It is the second sponsor of a 457 I have had since I have been in Australia, since 2011.
My partner of 6 years is a Kiwi citizen; I never bothered getting a 461, as I had a willing employer sponsor me quickly when we relocated from NZ. My question is, would I be better off now applying for a 461 visa? The reason I ask this is that I am eligible for it, and if for some reason my employer doesnt work out, then I am in essence 'covered'. However, my goal is to get residency eventually, which I know my employer is willing to look at in two years. But can I still get sponsored for residency by my employer if I switch to a 461.

I am really confused on what to do. I have had great feedback so far in my new role, but obviously if things change or I were ever to be made redundant, it would be a mad dash to find a new employer or get my 461.

Any advise would be hugely appreciated!!!

JAJ

Get professional advice immediately. If your existing employer is willing and able to sponsor you for permanent residence, and you qualify, then you should normally go down that path. Have you got a skill assessment?

Otherwise - it's hard to see why you didn't get a 461 back in 2011. The 461 is not a great visa long term, but it's much better than the 457. Mainly because you are not dependent on an employer to remain in Australia. However, before you switch to 461 you need to make sure it doesn't close down any option you may have right now to get permanent residence.

Strongly recommend you engage an experienced agent on a professional basis to work through all these options. Try George Lombard in Sydney, search forum for contact detail.

NZBee

Thank you so much for your reply. I didn't initially apply for a 461 visa, as we had to move over to Australia pretty quickly, due to OH promotion. My employer at the time also got advice that 457 visas were granted more quickly, so it just made sense at the time.
From what I understand, my skill set is not on the shortage list as such at the moment, so I will have to wait until 2 years before I can be nominated for PR by my employer.

I have just seen on the ENS website, this info (in case this is useful for anyone else):Temporary Residence Transition stream
If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

You must have at least vocational English.

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

I will take your advice, and get professional assistance on this matter. However, from the above information, it looks like I would be better on a 457 visa for the time being.

Thanks so much again for your response.

JAJ

Sigh.

Your employer is the last place you should get immigration advice from, and you appear to have made some assumptions about how long you have to wait for PR which may not be true.

And if you really don't have a skilled occupation, you might not be eligible for PR at all - but perhaps your partner is.

If you are not intending to go for employer nominated permanent residence anytime soon, you may wish to consider switching to the 461. But depends on how much time you have clocked up on 457.

My advice to seek professional assistance is unchanged. Based on comments already and the complexity of the circumstances presented, the chance of you missing out on critical visa strategy/opportunity is over 90% if you choose to go it alone.