permenant residency
 

Hi guys,

apologies in advance, as I'm sure it's been asked a thousand times, but I'm struggling to get a clear answer.

Basically, I'm on a 457 visa which is great, but means I am limited when it comes to employment. I've saved up a bit of money and am very settled, but I want to move into another branch of the industry I'm in which isn't easy with the 457.. I want to stay in Aus, I love it here, but would like a bit more flexibility and freedom as it were, with my residency not dependant on my employer. the plan has always been to go full residency, but I never realised that you could do so at any time providing you qualify, I thought there was a two year minimum.

Can someone please confirm? have been advised that you don't have to wait two years, I thought you had to live in aus for two years unless being employer nominated?

I'm also not sure what the pre-requisits are.. I've got 5 years experience, no dependants, have been here 6 months and have a relevant degree etc, but different websites are giving me different answers.. not sure where to start to be honest!

My current contract has a clause that states I repay 25% of my earnings should I leave the company within two years; so ideally I'd like to be out sooner rather than later..

I'd also like to work towards starting up my own company here in the future as I did in the UK which again isn't possible without residency (among many other reasons why I'd like to get it done)

sorry if this is a bit wooly, buy any info or links and pointers would be greatly appreciated!!

Cheers! :)

Re: permenant residency
 

That clause sounds very dodgy to see the least. I'm not a lawyer but I would suspect such a clause is illegal or at least unenforceable.

Re: permenant residency
 

Must be one of the commonest questions on BE - you can apply for PR as soon as you qualify for it :)

Re: permenant residency
 

I did wonder, heard of a few companies doing it..

it's basically worded so that 25% of the salray is a bonuse paid on account, which is forfietted upon early depature.. I haven't consulted anyone about it yet to be honest!

will cross that bridge once I get a bit more of a game plan - just don't want to leave the company for another where I'm still depending on 457's etc I supose..


cheers :) that's where I get confused though, is the two year thing part of qualifying for it? had a brief look on the immigration website and it mentioned the two years...

or is that maybe two years and ypi cam apply if you wouldnt usually be eligable?

Re: permenant residency
 

depending on the way it is worded - and considering that on a 457 your base earnings can not be less than a certain amount -

incentive compensation, such as bonuses are in most cases covered by discretion clause (they can find a way to reduce amounts) and often work on accrual basis, for example amounts accumulate for 6 months based on performance and become payable in further 6 months. So if you leave you might lose up to one year of bonuses in a given example, and this is a common way for the companies (consulting that I know - many) to keep their employers in. If nothing else, it protects companies from everyone leaving for for an offer of $40 a month extra.

Re: permenant residency
 

There is no such two year thing. Many of us applied for PR visas from the start and have never been on a 457 visa.

You need to determine what PR visa you are eligible for; it could be the skilled migrant visa or it could be the permanent employer sponsored visa, which you would need a willing employer for as well.

If you have it, you need to forget any notion that spending a certain amount of time on a 457 will in itself lead to PR, because it won't.

Spending time on a 457 might be helpful to one of the other visa applications, for example it might provide points towards the skilled migration visa and if the occupation is eligible for permanent employer sponsored and you have a sponsor, then 2 years on a 457 means skills assessment is not required.

Re: permenant residency
 

if your employer decides they want to sponsor you under the ENS, two years with them means you can be exempt from the skills assessment. If you are unable to pass the skills assessment otherwise, that may be the just the thing you need. But if you can do it on your own, it is a safer albeit a bit longer option. If nothing else, you would not depend on anyone except your own abilities.

Also, speaking of 175/176 visas, on-shore experience that you gain on the 457 worth more points than same amount overseas. So if you were on the clock, about to lose points for age, you could get yourself to the passmark this way, but again, this is a very peculiar situation. For the most part the "2 year rule" is a white lie to tie people in to the job.

Re: permenant residency
 

Thanks for the response guys! been v informative.

I'm only 23, so am not worried about being timed out, but your post above sums it up for me, not having to depend on anyone but myself to acheive it..

I think I'd be looking at the skilled visa but will have to explore further; I've got 5 and a half year's experience and a degree in my job, so hopefully that will help. I will have to sit down and have a thorough look at things when I'm out of work or have my day off for the fortnight!

Didn't think the 2 years would lead to PR, but just thought that it was a minimum to be eligable to apply, so am very glad to hear that this is not the case :fingerscrossed:

Re: permenant residency
 

ok so have had a brief dig, and on points based on experience, qualification, english etc, I come out at about 70 (loose a few points due to age) on the points system which is pass the threshold. I beleive my job is on one of the in demand ones as it were, and being here already doing the job I spose may be a plus? just a bit wary to fork over $2k on something that might get declined so just trying to cover all the bases!

Re: permenant residency
 

Start with the skills assessment then, it is not that expensive (comparing to the overall outlay that is), this is one of the main factors. The visa process is very formal, you need to prove age (durp ;) ), English ability, occupation (skills assessment), work experience, health and have a clean(-ish) police record. So secondary to the skills assessment the next thing typically raising questions is obtaining sufficient proof of work experience, because that is where points come from and if that is not taken in, you can fall short of points and be refused. If you are unsure how straight forward your situation is, discuss that with a MARA registered agent - they often provide initial assessments free or for a nominal fee.

Re: permenant residency
 

Make sure you're eligible for your visa by checking that your occupation is on Schedule 1 of the SOL. Then look who the skill assessing body are and as said above, get your skills assessed. Then consider IELTS etc.

Re: permenant residency
 

first hurdle - the job is on the SOL :) but I'm still confused as the website still says:

http://www.immi.gov.au/skilled/gener...ons-inside.htm

only giving the two options if I'm ''inside australia''.

Does this mean I do have to wait two years afterall unless I leave aus? (without a gaurantee of being back, not really an option...)

I have no idea what to expect for the skills assessment for a quantity surveyor and what I might need to brush up on which is the next hurdle...

I'm very excited to potentially be getting things in motion, and have just had some great news in that my ex is coming over too for a half year so could pan out very nicely if my PR does work out and she could stay after the year.. we broke up on account of me moving to aus, so to say I'm made up with even a chance of things potentially working out is an understatement :)

I've done my job as a consulant as an employee for long enough to be confident of an assessment, just would be nice to know what to expect and all..

http://blog.abhinav.com/work-as-a-qu...-in-australia/

going by the above it seems a simple confirmation of competancy on the basics..?

also with the 1st and 2nd installments, am I correct in thinking that applying for myself with no dependants I only pay the first installment?

Re: permenant residency
 

The 'offshore' component only refers to where you need to be when the visa has been approved and is ready to grant. So apply for the 175/176 onshore and carry on with your life. If you fulfil all the criteria the CO will ask for medicals and police clearance and then after some time (who knows) the CO will contact you to tell you to head offshore (usually New Zealand) for a few days for the visa to be granted.

Good luck.

Re: permenant residency
 

Hi, I expect to be heading offshore in around 6 months time (with my partner to get her de facto partner visa) and was planning a trip to New Zealand. When they tell you to go offshore, how long do you need to go offshore for and does it only take a few days for the visa to be granted?

I saw a post elsewhere on the forum that in Auckland, it takes several days for passports to get the visa put in, I think because they get it posted to them once you ask for it. Any idea if this is true?

Thanks

Re: permenant residency
 

so when it says ''if you are in australia'' and ''if you are outside of australia'' it's talking about when you work?

I've got the info together for the skills assessment, it's paper based on your history and education rather than a formal test/interview which is what I was expecting.

I did 5 years as a qs whilst studying at the same time, but have been aadvised that this may not count as 5 year's experience (which is rubbish if that's the case as I did exactly the same thing a newly graduated qs would have done and learnt in my first year, and was running my own projects from the second year on, not to mention freelance work that I've done under my own company etc..

ho hum, looking to submit my info when I'm on my next R&R week - the next hurdle is trying to find someone appropriate to certify the copies. hurdles on hurdles :lol: