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457 to PR


JJE

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Hi all, I have been employed on a 457 since march 2015. I was looking for answers with how eligible I would be to apply for PR, my contract is a casual contract but states guaranteed 38hr minimum week, I have 27 weeks in total where I did not hit 35 hours since being employed, and all together including my holidays and the days off due to no work count up to 140 days, I was also made redundant by said company early this year then re-employed by same company, I hit the guaranteed minimum $60,000 dollars for this years payment summary, but unfortunately not for 15/16 year. Can anyone tell me if I have to many wrongs against the contract to be eligible for the ENS transition to PR? 

Thanks

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6 hours ago, JJE said:

Hi all, I have been employed on a 457 since march 2015. I was looking for answers with how eligible I would be to apply for PR, my contract is a casual contract but states guaranteed 38hr minimum week, I have 27 weeks in total where I did not hit 35 hours since being employed, and all together including my holidays and the days off due to no work count up to 140 days, I was also made redundant by said company early this year then re-employed by same company, I hit the guaranteed minimum $60,000 dollars for this years payment summary, but unfortunately not for 15/16 year. Can anyone tell me if I have to many wrongs against the contract to be eligible for the ENS transition to PR? 

Thanks

I think you may need to speak to a migration agent - i'm not sure if you've breeched your visa conditions.  If you were made redundant and re-employed i'm sure the company would have had to do another nomination - but i'm not 100% up on that.

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In order to meet the eligibility for 186 temp transition you need to have worked for your nominator for at least 2 years in the 3 years before applying.  You will need to have worked for the whole of that period, so if for example you took 6 weeks of leave without pay, you wouldnt be able to apply for the TRT visa till 2 years and 6 weeks after the commencement date.  It sounds as if your employer has been acting unlawfully as you should have been paid the nominated annual salary for the whole of the time on your visa.  I am a bit confused by the term casual as weedolly pointed out, that is not how a 457 works!

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