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The 457 and PR...?


Neels

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I would like to get something cleared up for me please..:

Like most people here, I have studied this whole process we are involved in almost to the point that it has become an obsession... But it's not the same a first hand experience, and that is where this forum has been awesome. So here I am again asking for your insight and advice.

Me and my family are now in that place where everything seems to be floating in space... Our nomination for sponsorship and our visa applications has been lodged, there is a couple of things outstanding like the unabridged birth certificates of the wife and daughter going on 3 months now and our medicals. But that will all be in good time... We haven't sold anything yet, packed anything or booked any flights.. :yawn:

My question or concern is this: I'm 45 my wife is 31 and the kids are 13 and 7. When we get the 457 granted later this year and we take the leap to move to Australia, my understanding is that after 2 years, we can apply for PR (given that there are certain criteria that need to be met etc etc)?... If so, I'll be closer to 48 at that stage. Will my age be against us for being granted PR, or will it not matter?

We have already invested a small fortune into this 'venture', and I know it might be a little late to worry about this now. :whome:

Anybody with some experience and/or advice?

Edited by Neels
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The cut off age is 50

Just remember that you can do an early application for PR once you arrive, you will however need to do the skills assessment and high points for the English test

If you wait for 2 years you need lots less points for the English test and not skills test

Temp stream vs direct stream details

http://www.immi.gov.au/Visas/Pages/186.aspx

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Hello Neels,

Just to clarify the post above:

As you are now over 45 it is highly unlikely you could secure enough points for a GSM PR visa (SC189/190).

Employer sponsored PR (SC186) is still an option though.

If you have your skills assessed in your occupation and your sponsor is willing then you are able to make this application at any time.

After you have been working for your sponsor on the 457 for at least 2 years then the skills assessment is no longer required.

This is NOT a points tested visa and the English requirement for this is at least 6,6,6,6 in the General IELTS test.

I hope this helps.

Regards

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Hello Neels,

Just to clarify the post above:

As you are now over 45 it is highly unlikely you could secure enough points for a GSM PR visa (SC189/190).

Employer sponsored PR (SC186) is still an option though.

If you have your skills assessed in your occupation and your sponsor is willing then you are able to make this application at any time.

After you have been working for your sponsor on the 457 for at least 2 years then the skills assessment is no longer required.

This is NOT a points tested visa and the English requirement for this is at least 6,6,6,6 in the General IELTS test.

I hope this helps.

Regards

Thanks SD_MOA

My IELTS was all 8's and have not done the skills assessment yet. Just want to get there for now on the 457. Then the long term plans will be set in motion, Just want to make sure that I'll still be okay with regards to age..

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While on the subject... Nev maybe you'll know?

If we are there on SC 457 for which I am the primary applicant; Can my wife then apply for let's say a sc 186 (or 189 or 190) in her name while we are there?

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Not too sure,

There are rules relating to what you are allowed to apply for while onshore or offshore, that may apply here, but that one may be a question for an agent, as applying for the wrong thing while on a visa can get you into trouble.

Perhaps chat to one of the agents that works on a pay as you go basis just to find out what is possible once you get here.

It will depend on the skills shortage list and pints if you go with your wife compared to the sponsorship if you go with the early 457-186 conversion

I do think you should apply for PR early if you can

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Hi Neels,

Your wife has more freedom than you do...You have 8106/8107 normally. she can work for anyone and do what shes likes, within the law. So she can get sponsored (ENS 186) or go 189. Whatever she pleases. Of course she needs to be on the skilled list for 189, or be nominated for a 186 on the CSOL list.

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Just want to get there for now on the 457. Then the long term plans will be set in motion.

It can be worth looking at long term plans in case the 457 limits anything later. For example it can limit options if you might be eligible for state sponsorship but are now in a different state...

While on the subject... Nev maybe you'll know?

If we are there on SC 457 for which I am the primary applicant; Can my wife then apply for let's say a sc 186 (or 189 or 190) in her name while we are there?

Yes, either of you can apply for a permanent residence visa whenever you are eligible (currently under the regulations only your would be able to use the transitional stream).

One thing to remember is that there is no guarantee from a SC457 to a permanent residence visa.

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Hello Neels,

Just to clarify the post above:

As you are now over 45 it is highly unlikely you could secure enough points for a GSM PR visa (SC189/190).

Employer sponsored PR (SC186) is still an option though.

If you have your skills assessed in your occupation and your sponsor is willing then you are able to make this application at any time.

After you have been working for your sponsor on the 457 for at least 2 years then the skills assessment is no longer required.

This is NOT a points tested visa and the English requirement for this is at least 6,6,6,6 in the General IELTS test.

I hope this helps.

Regards

Hi SD_MOA,

My situation is a little worse than Neels's! I'm 52 and may be in line for a job offer which would be on the basis of an employer sponsored 457 visa. Would I be eligble for permanent residence in any circumstances at my age once I've completed 2 years on the 457, or what would happen then? An ideas?

Many thanks,

John

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Hi John

The employer sponsored options for visa applicants over 50 are currently limited to a few occupations/situations. One of these involves being on a salary of above the high income threshold for at least 4 years with your sponsoring employer.

There are some recommendations in review relating to age but whether anything will change is anyone's guess.

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Its the current ATO maximum threshold, which if I recall from my own experience was and still is 180 001

See here: https://www.ato.gov.au/Individuals/Income-and-deductions/How-much-income-tax-you-pay/Individual-income-tax-rates/

But ask one of the agents here, they are really good.

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Hi TeeTMI,

is that for the whole of Aus, man that came JUSt too late for me! And thats pre tax, and without Super?


Im intrigued now. :ilikeit: :ilikeit:

It says this on this link: http://www.immi.gov.au/Visas/Pages/checklists/186-applicant.aspx

"You are someone who will be earning at, or above, the top individual income tax rate as determined by the Australian Taxation Office."

This I took a moment ago from DIBP

Link under Visa Applicants - http://www.immi.gov.au/Visas/Pages/186.aspx

  • have nominated earnings at least equivalent to the Australian Taxation Office top individual income tax rate (currently AUD180 001)

So did they drop it and not update the site?

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So, it seems one needs to be in one of the required occupations AS WELL AS earn above the top income tax rate. Is that correct?

Also, can anyone confirm whether this is AUD180 001 or AUD130 000?

Thanks all!

Edited by TimeToGo
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Hi TeeTMI,

is that for the whole of Aus, man that came JUSt too late for me! And thats pre tax, and without Super?

Im intrigued now. :ilikeit: :ilikeit:

It says this on this link: http://www.immi.gov.au/Visas/Pages/checklists/186-applicant.aspx

"You are someone who will be earning at, or above, the top individual income tax rate as determined by the Australian Taxation Office."

This I took a moment ago from DIBP

Link under Visa Applicants - http://www.immi.gov.au/Visas/Pages/186.aspx

  • have nominated earnings at least equivalent to the Australian Taxation Office top individual income tax rate (currently AUD180 001)

So did they drop it and not update the site?

No it has not been dropped - it has actually just increased, it was $129,300 for the previous year.

There are a variety of different exemptions and criteria for different requirements. If you re-read the section you are linking to I think you may find that it does not relate to age.

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Look, me and my wife both have our own medium sized businesses here. And to be honest this country has not been treating us too badly in general. But we are both fully prepared to take quite a huge cut in income, just to get ourselves in Australia. My starting salary will be about half of what you are talking about here. My main concern is that I wanted to get some assurance that my being 45 now will not count against me when we want to apply for PR. Whether it be as soon as we get there or in 2 years time. But I have a good idea now from your responses above. Thanks.

Another question: My wife is in Personal training and fitness during pregnancies and Pilates etc... Will she be able to start her own business? Or would she only be allowed to work for or with somebody that has an Australian business?

Edited by Neels
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