457 uncertainty

Hi Poms in Perth

i have just been offered a job with my current employer and we are moving as a family of four to Perth on or around the 10th August. Things have moved pretty quickly that I feel very insecure about the visa arrangements. We are coming over on a 457 visa which my company have to request on my behalf, I believe this allows me to work with my company for four years. As I do not have any formal qualifications I can only apply for PR after two years. My question is this....

do you know of families that are refused PR after completing the two years and if yes do you know why. My children are only 7&9 and I am worried we are going to fall in love with Perth only to have to leave after the four years if we do not get the PR.

Can anybody help please????

It is really down to your employer if they wish to sponsor you after working for 2 years. The 2 years working for same employer on 457 only makes you exempt from the skills assessment by going down the transitional stream.

If your employer does not want to sponsor you or does not meet 186 sponsorship/nomination criteria you wont be able to be sponsored.

http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/

If your company does not want to sponsor you for PR after the 2 or 4 years, another 457 can be obtained by the company if you still meet the requirements.

What occupation are you going over in - sometimes work experience can be used instead of formal qualifications for the skills assessment.

If the company has said that they will sponsor you for PR after 2 years, hopefully they will do this. Time spent living in Australia on 457 can be towards the resident requirements for Citizenship. (4 years living in Austrlaia, last year as a PR).

Hi DyLeB

Many thanks for your reply and information. Are you an immigration consultant? If not you certainly know your stuff. Thanks for easing my concerns. Do you hear of many 457 migrants being refused PR?

457 is a big gamble. For goodness sake do not think of it as 100% that you will get PR or be safe for the time your here. If you lose your job for any reason you have 28 days to find another sponsor or leave.

Even with the ENS PR visa - doesn't a skill still need to be on the list? +

Even with the ENS PR visa - doesn't a skill still need to be on the list? +

Yes. If you do not qualify for PR now, you will not in 2 years time. All the 2 year rule allows is that you do not require a skills assesment. But, your skill still has to be on the list

Thanks, my skill is on the wanted list but my qualifications are experience only. I appreciate I have to work for the sponsor for the length of term to apply for PR, this is not my biggest concern. My HR director in Oz cannot guarantee that I will be excreted for PR by the immigration services.

Is anybody aware of this happening before? Thanks

Yes. It happens all the time. The other risk is that you occupation is on the list today, but not in a months time.

A 457 visa is NOT a pathway to PR. The 457 does not offer any way around the PR route. It mearly takes away one of the requirements. But, in every other way you must pass the same requirements as if you were applying for PR now.

There are also a lot of cases of companies changing their mind on later sponsoring PR or the company not being eligble to sponsor PR. When you come on a 457, you must come with the idea that you are coming for a short term period and that is all. That is what the visa is designed for

Thanks verystormy: scary to read your reply. My company is a huge multinational organisation with 000's of employees. I feel safe that they will support me if I work to thier satisfaction. The risk then I guess is that my job may slip off the wanted list. We have wanted this for such a long time we are willing to take the risk.

If you are determined to come on a sponsored visa, just make sure you fully understand the situation. There is every chance that in 4 years time you will be returning home.

If you can qualify for PR now, then i would get it in ASAP. The only difference waiting for the 2 years will make is you dont do the skills assesment for the visa - so it saves some cash.

I came out on a 457 visa. But, in current economic times and with children, i have to say, i dont think i would have taken the gamble. If you are made redundant, you only have 28 days to find another sponsor or leave the country. That is going to be extended to 90 days from next week. But, the rules on sponsoring will be a lot harder - a company will have to show they have spent several months trying to fill the post in Oz. As a result, a lot of companies simply wont do it any more.

Do not rely on companies being big, for not changing their own rules - i work for a multinational and am sat here at our African project at the moment.

Ultimatly. The two things to remember with a 457 are this:

You may not gain PR and you should come with the understanding that this is a temp post.

If you lose your job, there is a good chance you will have to leave the country - there are a lot of people that are facing this at the moment - i recently laid off some 457 holders who had to leave the country.

Sorry verystormy just retread your message 'if you do not qualify for PR now you will not in two years time' my migration agent says I will qualify in 2yrs if my company still sponsor me through the process. Can you confirm your thoughts please?

Just wanted to add that I also read that the 28 days will become 90 days.

Sorry verystormy just retread your message 'if you do not qualify for PR now you will not in two years time' my migration agent says I will qualify in 2yrs if my company still sponsor me through the process. Can you confirm your thoughts please?

You could always try looking at it with a positive outlook, and that there is just as much chance your skill set will be on the list after 24 months. Just go with the flow and,make the most of your time there, that's exactly what we plan to do. If the company can and will sponsor a PR then great. If not, then we will have had a great life experience. Either way you can't lose!! Blimey, who knows what tomorrow will bring let alone 2 years! Enjoy the ride! :-)

You could always try looking at it with a positive outlook, and that there is just as much chance your skill set will be on the list after 24 months. Just go with the flow and,make the most of your time there, that's exactly what we plan to do. If the company can and will sponsor a PR then great. If not, then we will have had a great life experience. Either way you can't lose!! Blimey, who knows what tomorrow will bring let alone 2 years! Enjoy the ride! :-)

Well said eddking2003, tomorrow is pregnant of a lot more.......

Thanks Eddking.

i have your attitude, sod it! My company came to me as I have an expertise in my area of work that they are looking for. They are willing to get my visa, it is written in my contract they will apply for PR after 2yrs. The worst that can happen is................

i follow the Mark Twain why of looking at life " it is better to regret what you did than regret what you didn't" something like that anyway. My children are young enough to cope with a little disruption, if it goes pear they will be back in Manchester before they start high school. Then as my son grows up he may remember a little freedom, playing out in the street, park wherever with his new Ozzy mates, this is my dream and they are coming on it with me. We are all very excited. When are you making the move?

I hope everything works out for you- try not to worry about lists, and as employer sponsored visa it is the CSOL list that is used, there is some occupations on that list that you would be surprised that would be able to get sponsored for. The fact things are in your contract that they will apply for PR after 2 years sounds promising. There was big changes in all the visas last year so hopefully things should settle for a few years.

Thanks what is the CSOL LIST?

Thanks Eddking.

i have your attitude, sod it! My company came to me as I have an expertise in my area of work that they are looking for. They are willing to get my visa, it is written in my contract they will apply for PR after 2yrs. The worst that can happen is................

 

i follow the Mark Twain why of looking at life " it is better to regret what you did than regret what you didn't" something like that anyway. My children are young enough to cope with a little disruption, if it goes pear they will be back in Manchester before they start high school. Then as my son grows up he may remember a little freedom, playing out in the street, park wherever with his new Ozzy mates, this is my dream and they are coming on it with me. We are all very excited. When are you making the move?

Definitely the way forward Becabops, my wife and I were full of uncertainty - and naturally as it's a massive 'unknown'. But our line of thought was, we don't want to be sat in the UK on another damp a dreary summers day thinking 'what if we had just taken the chance'. As you say sometimes an opportunity comes and it is there for the,taking, and hey, I guess nothing is meant to be easy! We have nothing to lose as at least we will have tried to achieve our dream rather than just dream... ;-)

Our removals, John Mason, come on Monday to pack our lives up here and we fly on 20th July. I have also been told about PR after 24 months as a possibility but we have a long way to go yet and we know it isn't all going to be easy. You gotta be in it to win it though!! (And various other cliches)

Thanks what is the CSOL LIST?

http://www.immi.gov.au/skilled/_pdf/sol-schedule1-2.pdf

Hi DyleB

just rechecked I am on the list, thank Goodness, is your last name Le Brocq?

Definitely the way forward Becabops, my wife and I were full of uncertainty - and naturally as it's a massive 'unknown'. But our line of thought was, we don't want to be sat in the UK on another damp a dreary summers day thinking 'what if we had just taken the chance'. As you say sometimes an opportunity comes and it is there for the,taking, and hey, I guess nothing is meant to be easy! We have nothing to lose as at least we will have tried to achieve our dream rather than just dream... ;-)

Our removals, John Mason, come on Monday to pack our lives up here and we fly on 20th July. I have also been told about PR after 24 months as a possibility but we have a long way to go yet and we know it isn't all going to be easy. You gotta be in it to win it though!! (And various other cliches)

Hello guys, I don't think this is about being positive or negative, it's a out being prepared and having a plan b, recognising it may not be forever and understanding the financial implications of emigrating and repatriating, if you are aware of the risk and consider it worthwhile for you, then knock yourselves out. You have to understand things are not what they were, in your shoes I would welcome the views expressed by those who have a few years real time experience on which they base their opinions. All said and done I hope it works out for the best.

Hi Greg

i accept all views, I do not think anybody is being negative just helpful. I have also been offered a job in NZ with PR guaranteed after just three months, however my dream is Perth, I love it there and judging by the amount of Poms already there so do plenty of others. Can I ask how long you have been there?

Hi Greg

 

i accept all views, I do not think anybody is being negative just helpful. I have also been offered a job in NZ with PR guaranteed after just three months, however my dream is Perth, I love it there and judging by the amount of Poms already there so do plenty of others. Can I ask how long you have been there?

Yes you can, we arrived in March 2008. I'm happy to share my experiences any time.

Guys, i am not going to post on this thread again. The reason i, and many others who have come out on 457 visas tell people to be cautios is examplified by this thread i have borrowed from the big sister site. This is a fairly common story and i think Ruperts post on the first page sums it up - for those that dont know the site, Rupert is a mod and regarded as one of the most authoritive and balanced people on it.

http://www.pomsinoz.com/forum/moving-back-uk/188852-facing-redundancy-457-visa-what-do-we-do.html

I just read this thread on the other site. Bit of information there I didnt know about if its true, that the 28 days to leave has changed to 90? Is that correct?