STEVE P Posted May 24, 2014 Report Share Posted May 24, 2014 Can anyone shed further light on process of converting to PR from a 457. We have been in Australia for 26mths now and because aged over 50 have been told that we need to wait 4 years. is there any way around this to allow earlier application Is conversion guaranteed or still subject to some qualification by immigration. How long does application take once submitted, I know this will vary but has anyone successfully completed. If so what does it entail & any problems encountered. Is 457 locked to initial employer or can it be transferred without starting the 4 year clock again. Cheers. Quote Link to comment Share on other sites More sharing options...
Druid Posted May 24, 2014 Report Share Posted May 24, 2014 Steve, being 50 is not as big an issue as what people make out, I converted from a 457 to RSMS with 'Exceptional Circumstances' at age 46, your 457 should have been issued before the rules changed, so you could have got your boss to sponsor you on a RSMS visa sooner, I was only on a 457 for about 8 months, just after I arrived the 457 rules changed and stipulated you had to do at least 24 months on a 457 before you could go PR, if your boss is willing to sponsor you for an RSMS or an ENS and then can prove the 'Exceptional Circumstances' due to your age, ie seriously qualified in your line of work, then it might be worth your while to go and speak to a good migration agent sooner rather than later as any visa rule changes normally happen in July, and they always get harder not easier. Your visa is locked to your employer as he sponsored you, but it can be taken over by another employer providing he is prepared and able to sponsor you, and my understanding is that the initial clock keeps ticking, you are not issued a new visa I applied for PR in March, it was granted in September, but that was delayed by a month as my daughter was still not in the country. The easiest way for you now is the sponsored route RSMS or ENS, the only draw back is you have an "Obligation" to your employer to work for him for two years, if you go RSMS you also have an "Obligation" to the state of WA to live and work in WA for 2 years You need to talk to a migration agent, the rules and visa names change every July, so visa number, names and conditions may have changed, it's been a while since I researched it all and did it. Quote Link to comment Share on other sites More sharing options...
verystormy Posted May 24, 2014 Report Share Posted May 24, 2014 This is very hard now and there are stipulations on the minimum income. Can't remember what it is but it is fairly high - six figures. I recommend you speak to a good migration agent. Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted May 24, 2014 Report Share Posted May 24, 2014 Steve, being 50 is not as big an issue as what people make out, I converted from a 457 to RSMS with 'Exceptional Circumstances' at age 46, your 457 should have been issued before the rules changed, so you could have got your boss to sponsor you on a RSMS visa sooner, I was only on a 457 for about 8 months, just after I arrived the 457 rules changed and stipulated you had to do at least 24 months on a 457 before you could go PR, if your boss is willing to sponsor you for an RSMS or an ENS and then can prove the 'Exceptional Circumstances' due to your age, ie seriously qualified in your line of work, then it might be worth your while to go and speak to a good migration agent sooner rather than later as any visa rule changes normally happen in July, and they always get harder not easier. Your visa is locked to your employer as he sponsored you, but it can be taken over by another employer providing he is prepared and able to sponsor you, and my understanding is that the initial clock keeps ticking, you are not issued a new visa I applied for PR in March, it was granted in September, but that was delayed by a month as my daughter was still not in the country. The easiest way for you now is the sponsored route RSMS or ENS, the only draw back is you have an "Obligation" to your employer to work for him for two years, if you go RSMS you also have an "Obligation" to the state of WA to live and work in WA for 2 years You need to talk to a migration agent, the rules and visa names change every July, so visa number, names and conditions may have changed, it's been a while since I researched it all and did it. Your information is very out of date and could mislead the OP. Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted May 24, 2014 Report Share Posted May 24, 2014 Comments in red, Steve. I know it wont help you now, but on another post you indicated that you are just 50? Oh I so wish you had looked into this when you were still 49, you really will need the stars to line up for you now. Can anyone shed further light on process of converting to PR from a 457. We have been in Australia for 26mths now and because aged over 50 have been told that we need to wait 4 years. is there any way around this to allow earlier application. Nope, unless the rules change in your favour it is 4 years minimum. Is conversion guaranteed or still subject to some qualification by immigration. Not at all guaranteed, never is from a 457, no matter how old you are. The 457 visa is temporary and always will, getting PR is dependent upon qualifying for and getting a permanent visa. How long does application take once submitted, I know this will vary but has anyone successfully completed. You are a good two years off being able to apply, so the processing times could be completely different by then. At the moment the ENS visas are about six months, other times I have seen them take two months. If so what does it entail & any problems encountered. You would have to be employed by the employer for four years earning over the high income threshold for each year, I believe this is about $130k at the moment but it will increase each year. At the end of the four years, your sponsor needs to be willing and able o sponsor you for the permanent visa. I don't recall seeing any examples of someone going through the process as it hasn't been four years since the rules were introduced and I guess there are just not that many cases on PIO or PerthPoms. I guess the biggest uncertainty is just the ongoing employment and employer willingness to sponsor at the end. Is 457 locked to initial employer or can it be transferred without starting the 4 year clock again. I believe the clock starts again, so you need to stay with the current employer for at least four years and more to allow for processing time and obviously you would not want to leave straight away Cheers. Quote Link to comment Share on other sites More sharing options...
Hopeful Posted May 24, 2014 Report Share Posted May 24, 2014 I didn't think you could convert to PR once over 50 unless you were exempt within the set criteria or earning in the higher income bracket? Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted May 25, 2014 Report Share Posted May 25, 2014 I didn't think you could convert to PR once over 50 unless you were exempt within the set criteria or earning in the higher income bracket? The concept of "converting" is a little flawed for anyone, regardless of age. A brand new visa application is required in order to attain permanent residency for a worker, there is no "converting" about it. The process for an over 50 year old to get a visa, is as explained in my post above. Quote Link to comment Share on other sites More sharing options...
Druid Posted May 25, 2014 Report Share Posted May 25, 2014 Your information is very out of date and could mislead the OP. Hence the last paragraph! Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted May 25, 2014 Report Share Posted May 25, 2014 Hence the last paragraph! And I was really more concerned with your opening remarks that this is categorically not a big deal for a 50 year old. It is a big deal. If you don't know what you are talking about, rather than make a big post with confident statements up front and a small disclaimer at the end, you could consider passing? Quote Link to comment Share on other sites More sharing options...
elfie Posted May 25, 2014 Report Share Posted May 25, 2014 (edited) Hubbys employer put forward his nomination after 8 mths was sponsored from 457 to ENS 186. The process started in March 13 after skills assessment, medical, obtaining a UK police check, Australian police check ,and obtaining a full birth certificate visa paperwork was submitted August 13 the visa came through in November 13 . It was rushed through pretty quickly as Quote his paperwork had to be submitted before his 50 birthday, which was January 14. Hope this is not the case for yourself as someone mentions exceptional circumstances. I have PM a message to you also. Ps Your visa is not locked to original employer it can be transferred to another employer. Beaware though that if you do transfer employers your time served with original employer does not go towards your application for PR it starts again from 0 year and needs to be built up again. This information is up today as far as August 13 when visa submitted - before I get jumped on Edited May 25, 2014 by elfie Quote Link to comment Share on other sites More sharing options...
Druid Posted May 25, 2014 Report Share Posted May 25, 2014 And I was really more concerned with your opening remarks that this is categorically not a big deal for a 50 year old. It is a big deal. If you don't know what you are talking about, rather than make a big post with confident statements up front and a small disclaimer at the end, you could consider passing? Rupert, like your avatar says........................."Go Fishing" Quote Link to comment Share on other sites More sharing options...
verystormy Posted May 25, 2014 Report Share Posted May 25, 2014 Now now. We will not have a slanting match. The big button deleting posts is prepared. Quote Link to comment Share on other sites More sharing options...
elfie Posted May 25, 2014 Report Share Posted May 25, 2014 Now now. We will not have a slanting match. The big button deleting posts is prepared. Hey stormy makes a change from me then regarding the 457 hehehe Quote Link to comment Share on other sites More sharing options...
elfie Posted May 25, 2014 Report Share Posted May 25, 2014 (edited) Comments in red, Steve. I know it wont help you now, but on another post you indicated that you are just 50? Oh I so wish you had looked into this when you were still 49, you really will need the stars to line up for you now. Rupert I have to disagree with you would have to be employed by the employer for four years earning over the high income threshold for each year, I believe this is about $130k at the moment but it will increase each year. At the end of the four years, your sponsor needs to be willing and able o sponsor you for the permanent visa. I don't recall seeing any examples of someone going through the process as it hasn't been four years since the rules were introduced and I guess there are just not that many cases on PIO or PerthPoms. I guess the biggest uncertainty is just the ongoing employment and employer willingness to sponsor at the end. - See more at: http://www.perthpoms.com/forum/migration-issues/15561-457-visa-conversion-pr.html#sthash.YB97ZwAN.dpuf My hubby had not even been in Oz 2 years alone worked for his employer 2 years as he was 50 in Jan 14. He was nominated by company in January/February 13 application submitted August visa ENS 186 granted no conditions in November 13. Edited May 25, 2014 by elfie Quote Link to comment Share on other sites More sharing options...
verystormy Posted May 25, 2014 Report Share Posted May 25, 2014 It is age that changes things. The moment you go over 50 the rules change. Rupert I have to disagree with you would have to be employed by the employer for four years earning over the high income threshold for each year, I believe this is about $130k at the moment but it will increase each year. At the end of the four years, your sponsor needs to be willing and able o sponsor you for the permanent visa. I don't recall seeing any examples of someone going through the process as it hasn't been four years since the rules were introduced and I guess there are just not that many cases on PIO or PerthPoms. I guess the biggest uncertainty is just the ongoing employment and employer willingness to sponsor at the end. - See more at: http://www.perthpoms.com/forum/migration-issues/15561-457-visa-conversion-pr.html#sthash.YB97ZwAN.dpuf My hubby had not even been in Oz 2 years alone worked for his employer 2 years as he was 50 in Jan 14. He was nominated by company in January/February 13 application submitted August visa ENS 186 granted no conditions in November 13. Quote Link to comment Share on other sites More sharing options...
Hopeful Posted May 25, 2014 Report Share Posted May 25, 2014 (edited) 'If you do not get a permanent visa before you are 50 years old, then the rules get much stricter. For any employer to sponsor you, you would need to work for that employer for four years on the 457 visa and for each of those years you would have to have earned more than the high earnings threshold which is in the region of $120k. If this is not a likely salary in your occupation, then you *MUST* find an employer who will sponsor you for PR before you are 50 as otherwise there will be no way you can progress to a PR visa. - See more at: http://www.perthpoms.com/forum/migration-issues/13055-tough-decisions.html#sthash.f2CZH2KE.dpuf' This quote from advice you gave me last October Rupert was spot on and hence why I did go for the ENS 186 as you were correct after 50 it appears almost impossible unless as I said earlier you fulfill a specific set of criteria! Edited May 25, 2014 by Hopeful Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted May 25, 2014 Report Share Posted May 25, 2014 Rupert I have to disagree with you would have to be employed by the employer for four years earning over the high income threshold for each year, I believe this is about $130k at the moment but it will increase each year. At the end of the four years, your sponsor needs to be willing and able o sponsor you for the permanent visa. I don't recall seeing any examples of someone going through the process as it hasn't been four years since the rules were introduced and I guess there are just not that many cases on PIO or PerthPoms. I guess the biggest uncertainty is just the ongoing employment and employer willingness to sponsor at the end. - See more at: http://www.perthpoms.com/forum/migration-issues/15561-457-visa-conversion-pr.html#sthash.YB97ZwAN.dpuf My hubby had not even been in Oz 2 years alone worked for his employer 2 years as he was 50 in Jan 14. He was nominated by company in January/February 13 application submitted August visa ENS 186 granted no conditions in November 13. Elfie not sure what is tripping you up here. But if your Hubble applied for and was granted a visa as a 49 year old, this is surely not the situation which I am talking about. WHICH IS FOR OVER 50 YEAR OLDS. Is that clear enough for you? Quote Link to comment Share on other sites More sharing options...
ali Posted May 25, 2014 Report Share Posted May 25, 2014 Elfie not sure what is tripping you up here. But if your Hubble applied for and was granted a visa as a 49 year old, this is surely not the situation which I am talking about. WHICH IS FOR OVER 50 YEAR OLDS. Is that clear enough for you? Rupert - we really value your visa advice, but there's no need to shout at Elfie. Quote Link to comment Share on other sites More sharing options...
Hopeful Posted May 25, 2014 Report Share Posted May 25, 2014 It is age that changes things. The moment you go over 50 the rules change. It is vs I studied this long and hard after Rupert pointed out some very important aspects for me last year! Quote Link to comment Share on other sites More sharing options...
7cdb Posted May 25, 2014 Report Share Posted May 25, 2014 Rupert - we really value your visa advice, but there's no need to shout at Elfie. Agreed,Rupert you may be very knowledgable about visa's you may not,I know lots about refrigeration and air conditioning with over 20 years in the game. We ALL have some knowledge on various subjects which others can gain from. A little advice for you Mr know it all,stop sounding like a spoilt kid if someone questions you or even disagrees with you. Live with it you ain't 10 years old Quote Link to comment Share on other sites More sharing options...
elfie Posted May 25, 2014 Report Share Posted May 25, 2014 (edited) Elfie not sure what is tripping you up here. But if your Hubble applied for and was granted a visa as a 49 year old, this is surely not the situation which I am talking about. WHICH IS FOR OVER 50 YEAR OLDS. Is that clear enough for you? Rupert I am not senile or deaf just menopausal. There is no need to shout - caps equate to shouting. I often trip due to previous injury to my right leg. Perhaps I should make myself a bit clearer for you perhaps. I do agree my point is a bit unclear. Point trying to make is that you do not have to wait 2 years for the company nomination, they can nominate prior to that as in our case that was what I was trying to get across. Also that your application has to be submitted prior to nominees 50th birthday. Also I do not have a telescope I have a hubby - short for husband. Hubble to be de commissioned in the near future and James Webb to take over if it has not already happened. Both are telescopes built by NASSA. Edited May 25, 2014 by elfie Quote Link to comment Share on other sites More sharing options...
elfie Posted May 25, 2014 Report Share Posted May 25, 2014 Rupert - we really value your visa advice, but there's no need to shout at Elfie. thank you ali I heard him all they way in Secret Harbour Quote Link to comment Share on other sites More sharing options...
Give me a break! Posted May 26, 2014 Report Share Posted May 26, 2014 thank you ali I heard him all they way in Secret Harbour Rupert is a lovely very knowledgeable lady, not that her sex is in anyway relevant . Quote Link to comment Share on other sites More sharing options...
verystormy Posted May 26, 2014 Report Share Posted May 26, 2014 Elfie, I think the point is that the op states they are over 50. In which case the rules state they can not be nominated for PR until they do 4 years with the employer. Very different rules between the over and under 50. Rupert I am not senile or deaf just menopausal. There is no need to shout - caps equate to shouting. I often trip due to previous injury to my right leg. Perhaps I should make myself a bit clearer for you perhaps. I do agree my point is a bit unclear. Point trying to make is that you do not have to wait 2 years for the company nomination, they can nominate prior to that as in our case that was what I was trying to get across. Also that your application has to be submitted prior to nominees 50th birthday. Also I do not have a telescope I have a hubby - short for husband. Hubble to be de commissioned in the near future and James Webb to take over if it has not already happened. Both are telescopes built by NASSA. Quote Link to comment Share on other sites More sharing options...
Guest guest10912 Posted May 26, 2014 Report Share Posted May 26, 2014 This thread is about over 50 year olds. It could not be any clearer that is was about 50 years, but somebody comes along to say "I disagree with you Rupert" because their 49 year old husband went through a different process. But I am not allowed to retort? Ali - please consider my account closed, better still close it. How dare you tell me off like a school girl because you think I am somehow shouting, after asking me to join this site. I am fed up with being taken for granted, people asking me to come along and answer questions on this forum but yet am supposed to be fair game for the constant abuse that I have to put up with and am expected to just suck up. I do not know why I keep on coming back, I keep saying this is the last time, I mean it this time. So I will leave you all to it. I will not be on here again. Feel free to swap misinformation around instead, I am sure the forum will be all the better for it. Well done everyone. Big success. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.