Jojo68

I've been trying to migrate to Australia for some time now but I simply cant meet the points test!

I've recently found a company that whats to hire me in Australia and who would like to sponsor me. They have asked me to fill out form 1066 (Tempory Business (long stay) Visa (Subclass 475) This visa will entitle me to stay in Australia for up to 4 years. But I would like to migrate to Australia permanently. If I go down this road is it still possible to apply for PR? How will this effect me staying longer then 4 years? Will it be possible to stay longer?
Any help kindly appreciated.

George Lombard

Hi Jojo,

Depends on whether your occupation is on the ENSOL and whether the employer or some other employer wants to sponsor you when the time comes (which might be now, or after two years working in Australian on a 457, or never). See booklet 5 and form 1121i, both at www.immi.gov.au/allforms/formlist.htm, for further details.

Cheers,

George Lombard

www.austimmigration.com.au

JAJ

You can apply for PR if you meet the requirements. However, for employer nominated PR, the most common problem is that the employer won't sponsor for PR. Not can't - won't.

If you work for 6 months in a skilled occupation in Australia, you can claim 5 bonus points. Although you can't then also claim points for capital investment or community language.

This thread should give you an idea of some of the issues people on the 457 visa face. If you must go on a 457, at least do so with eyes open:
http://britishexpats.com/forum/showthread.php?t=266447

Jeremy

Jojo68

Thanks for that George and Jeremy.
Will investigate further.

CasG

Hi, I came out here on a 457, and would just like to suggest you go carefully, and make sure that the job being offered is what you want.

When you are sponsored on this visa - you are obligated to work full-time for the duration of the visa with the company who sponsors you - unless you can get someone else to sponsor you, or you can get another visa.

The latter is what I'm doing - I'm lucky as I am a nurse - so I could apply for 136 SI (in final stages now).
The job I was given was not what I wanted, and I have been unhappy since I started (although I love living in Australia)

I'm sorry that I can not help you with other possibilities for you - you need to do what George and Jeremy suggest - they are the experts, I just wanted to give you a personal view.

Best of luck with your plans..
Cas

Jojo68

Thanks Cas,
What I want though is to migrate to Australia, and this seems to be the only way I can. Ive found a company who will sponsor me, but the salary is only 1/3 of what Im currently earning with the current exchange rate which is somewhat worrying and I'll probably be taking a big step backwards, hopefully I will enjoy the work, but Im hoping its a stepping stone to being able to apply for PR, and Im hoping the salary is relative to the cost of living in Australia. The paperwork has been lodged and Im hoping that once there, the company will help me to apply for a PR visa, and Im willing to cover their costs to do that if I have to. I'd be interested to hear from anyone else who has gone down this road.

Cheers
Jojo

JAJ

Rules for employer nominated PR changed a lot in April, so you really need to be getting some professional advice from an agent experienced in ENS (not all are) about the options. If the employer is in regional Australia then RSMS is an option.

Skilled Independent points fors skilled work experience in Australia may be available after 6 months work experience in Australia. Depends on circumstances.

Some people have gone to Australia on a 457 and it's worked out, for others it's been a horror story.

Jeremy

Jojo68

Hi Jeremy,
I have read booklet 5 regarding ENS and it looks like I meet all requirements, my occupation is approved for ENS, and I reckon the employer sponsoring me would also meet the requirements. What wasn't clear was if it is points tested or if you just have to meet the basic requirements (which I do, but I don't score 120 points) I don't make the points test because I'm over 35. Isn't it ironic that a skill based visa deducts points for age - I would have thought that In most cases age brings experience,...its a shame that doesn't seem to have a value.... Thanks, jojo :-(

pread

Jojo,
Almost three years ago I brought my family out on a 457 Visa. Although I could have gone the PR route at the time (I had plenty of points back then), I didn't as I didn't have the required degree experience and would have to have undertaken the RPL exercise. That would have put my timeline out, and as my company at that time was offering redundancies & good packages, I decided to go the 'easy' route. The Management Company that sponsored me at the beginning assured me that they would consider me for PR via ENS after I had worked for them for a year.

It didn't quite work out that way. Immigration changed the rules early last year, meaning that I had to change my 457 sponsor. Just before the 12 months mark as it happens, but I don't think they had any intention of sponsoring me for PR. I didn't actually work for them, I never even met them, they were just my sponsoring 'umbrella company', and took a cut. Anything that seemed like any effort, they weren't interested in.

Anyway, immigration moved the goalposts regarding the points, can't remember when now, last year or the year before. The IT Skills were taken off the MODL list, the passmark was upped to 120, and I moved into the next age bracket. All of which meant that I didn't have sufficient points to meet the passmark. Not happy, but then I'd been warned that IT skills were going to be dropped from the MODL. Now, ironically, IT skills are very much in demand in Oz at the moment, with nothing on the MODL. But that's another story.

Anyway, I've been contracting with one company now for almost a year, and they expressed that they'd like to take me on permanently. Last time when I checked ENS, there were all these hoops the company had to jump through if the job was not on the MODL, like advertising in the National press, interviewing people, basically to 'prove' there was no-one else in the country who could do the job. Now I hear ENS has changed in April, I need to check it out again. So there may be hope for me yet.

As for now, I've been contracting solid for over two years, with barely a day off. Can't/won't buy a house, as if I'm ever out of work for a while I can be kicked out, and would have to sell the house immediately. The thing about the 457 is that it can keep getting extended all the time you're working, but even if you worked solid for 10 years, (paying plenty of taxes and getting no medical insurance), that still doesn't help get you PR. And if you're out of work for a while your sponsor can pull the plug, and that's it. You leave, unless you find another sponsor, drag the kids out of school etc, that's it. It's not the best feeling in the world to have this uncertainty all the time.

But then that's the choice I made and I can't complain (although it certainly sounds like I am). I love it here, and don't want to leave. Would I do it all again, knowing what I know now ? Not sure about that - getting PR from the get-go would have been the smart move, and we would have been secure in the knowledge that we couldn't have been booted out barring criminal activity or whatever. But then I wouldn't have had the redundancy payout to pay for the move and tide us over in our first few months. But no regrets whatsoever about coming to Oz, maybe just the way I went about it.

I'll let you know if anything happens with the ENS.

Cheers, Paul.

JAJ

ENS and RSMS visas are not points tested. Did you see anything in booklet 5 regarding a points test?

You are confusing two separate migration programs. Young people get preference in the general skilled migration program because they will generally be employed longer in the workforce.

Australia wants to use immigration to bring in younger people, and it's well documented that migrants over 40 (just like many native Australians) find it difficulty to find good jobs.

However for ENS and RSMS the rules are different. Because it's employer specific and a job is effectively guaranteed, age is irrelevant provided you are under 45. If you are aged 45 or over, DIMIA can waive the age bar, which they will do in certain circumstances.

Jeremy

Jojo68

Thanks Paul & Jeremy

Ideally I would have loved to have gone the PR route myself, unfortunately I I also at one stage had the points needed for the PR VISA, but as I got all the documents together for the application they raised the points and then when I turned 36 I lost another 5 points. The only way I can make the move now is on the Temporary Business visa. I'm paying for the whole application and its going through the company thats sponsoring me. They have said to me that it'll be ok to apply for permanent sponsorship once there. They say they are going the temporary route because it will get me to Oz quicker. I'm putting all my hopes on this, I know its not ideal. But it seems the only way.
Thanks for your feedback, I'll let you know what happens.

pread

Jojo,

Good luck, I hope it works out for you.

Cheers, Paul.

JAJ

1. Make sure you meet the ENS rules for getting PR immediately, otherwise you'll need to wait 2 years on a 457. Or, if in a regional area, you can go for RSMS immediately.

2. Be fully aware of all the risks/disadvantages of a 457 vs permanent residence. Lots of people on a 457 never look at this in advance and are amazed when charged school fees for their children (in NSW at least) or try to get an Australian passport for a child born in Australia and find it's refused.

3. Make sure the company has agreed in writing as part of your contract to sponsor you for PR. Lots of people find out after arriving that there's a "company policy" not to sponsor for PR.

4. You may want to keep your house in the UK for now, until you have more security in Australia.

Jeremy

Jojo68

Thanks Jeremy - Good advice!

I haven't received my contract yet, I presume this will be sent once the visa is approved. But will definitely try to have the PR sponsorship stipulation worked into that if at all possible. We will be renting out our house here, at least until such time as I might get PR.

The job offer is in Victoria, from my research I think school fees are a lot less then they are in NSW but need to investigate this further - the kids will be going to primary school, maybe someone else here has experience of that. We haven't contacted any schools yet as I have no idea what suburb we will end up living in...or if its all going to go ahead (being dependent on this visa that hasn't been approved yet)...but time will tell :-)

Thanks again.

JAJ

As far as I'm aware Victoria does not charge school fees to temporary residents the way that NSW does. It's different at tertiary/uni level as this is federal, not state.

Check with the Vic education department as policies like this are always subject to change.

If you're going to Victoria, take a look at the Vic state migration website, if you've not already done so:
http://www.liveinvictoria.vic.gov.au

Jeremy