Anna81

I was due to come up for PR in May/June. I was told very firmly, the sponsor must do it. I thought it would be my responsibility.

PeterYork

Hi Anna, I have experience of applying for an employer sponsored onshore PR visa (ENS 856). If you’re employer is willing to sponsor, you could probably apply for this visa (assuming you can prove you are skilled as an accountant and have relevant experience etc). The visa can take up to 6 months or so to come through, although mine took only 4 weeks, and costs around $2000 to apply (including medical police check etc).

One important thing to realize is that as soon as you apply for this type of visa you receive a bridging visa which (in usual circumstances) will allow you to live and work in Australia until a decision on your visa application is made (ie even if your 457 through your partner is cancelled in the waiting period). I.e. if your 457 through your partner is cancelled you have 28days to APPLY for another visa (and receive a bridging visa).

If your employer won’t sponsor for PR straight away (as I believe is quite common) but are willing to sponsor a 457, another alternative might be to apply for a 457 for yourself. You might be able to apply for PR at a later date through the same or a different employer, or independently through general skilled migration.

Anna81

That's great news. Do you have any idea how long the skills assessment takes to get approved. I assume I can only apply once I get that.

PeterYork

Hi Anna,

I can't give you specific advice as I didn't apply as an accountant but you may not need a formal skills assessment, especially if you have worked in Aus as an accountant for 2 years and one year with your sponsoring employer (that's how it worked for me). The full details of the Employer nomination visas are available at:

http://www.immi.gov.au/skilled/skill...visa-works.htm

Its obviously best to rely on the official info rather than internet forum speculation

Bermudashorts

Your ICAA skills assessment will only take about a week if you apply to fast track it, which in the circumstances would be a good idea. If you meet the conditions stated by Peter above and your employer has agreed to sponsor you, then you might not need this. Has your employer agreed to sponsor you for PR? You need to get onto those conversations quickly too if not.

Another alternative is if your employer will do the 457 sponsorship (a lot of employers have the impression that this is easier, although I am not sure that is true) you could get that in now and then apply for a skilled independent visa in order to get your PR.

To your earlier comment, I also cannot see what on earth difference it would make whether you or your sponsor informs DIAC. If the information were not true, the applicant (you) is hardly likely to make this up. DIAC staff often give out incorrect information so be careful with that.

Pollyana

Its your visa. I would be telling them anyway, even if your sponsor says they have already told them. If you apply for another visa you will have to say if you have withdrawn from your existing PR application. If you haven't told them yourself, how can you be 100% sure that your sponsor has done it for you? Write to them anyway.
I do know someone who was recently in your position. They wrote to DIAC themselves and that was fine. The sponsor has had no communication with DIAC at all.

Les Mighalls

Hi Anna,

In view of the urgency of your situation I would suggest that you do not flounder around but seek professional advice.

Jeremy has given you the best advice seeing that you are in Sydney- refer above.

PeterYork

Or you could spend a few hours exploring your options on the aus immigration website.

http://www.immi.gov.au/immigration/

If you find a visa that you're eligible for you could apply for a new visa by yourself.

JAJ

You may be unaware that if one holds a subclass 309 or 820 (temporary spouse) visa it's not possible to apply directly for 856. You need to look at offshore ENS/RSMS or alternatively see if switching to a 457 is possible.

Also, as soon as the permanent visa application is refused, the 309/820 visa ceases to have effect and there is then a Section 48 bar on applying for a further visa onshore.


Unclear why you think the original poster has a 457 in the first place, but bridging visa ceases when the underlying substantive visa is cancelled, normally.

JAJ

Well meaning but incorrect advice ... a temporary spouse visa is not a qualifying visa for exemption from skill assessment.

JAJ

With the complexities of onshore vs. offshore options, and a possible Section 48 bar hanging over one's head - not good advice to go it alone.