Visa Options

[clairey]

Probably the single biggest question that we get on the forum relates to the various types of visas that are available, and which would be the most suited.

I am going to try and write up some information on the two most common - the 457 and the 136 to help provide some guidance. Here is the first attempt!

Long Term Temporary Resident (Subclass 457)

This visa class allows Australian employers to sponsor temporary residence visas for foreign workers. There are three steps involved.

The employer is required to be an approved Business Sponsor (they can apply for this - it takes around 4 weeks for approval, provided they meet the criteria). At this time, they can request a specific number of visas.

Once approved as a Business Sponsor, the employer then has 2 years to allocate the approved visa spots to specific positions. So, they may use one to bring on a Developer, one for a Sales Professional, one for a Recruiter, etc. Provided the position is listed in the ASCO listings (see link below for these) there should be no problem with this. This process is called the Nomination. At the same time, they can specify that they have already identified the person that they would like to fill the role.

The third step is the Visa Application, where the employee applies for the nominated visa position. If the employee meets the criteria specified in the nomination, is under the age of 45, and has a clear medical check, then the visa should be issued.

Pros

It's quick! Once an employer is an approved Business Sponsor, then the actual nomination and application process can take as little as 2 weeks, although more often than not, it takes around 4-6 weeks. Many companies (like mine) apply for multiple visas every two years, so that they can move quickly once a candidate has been identified. This is why we always stress that you should go ahead and apply for positions on websites, even though they say only residents can apply. Many, if not most, of the bigger companies, are already approved sponsors.

Immediate Family, ie spouse/partner and dependant children can accompany the primary sponsor and have unrestricted work rights.

No Points System! Visas are granted on the basis of the visa applicant being suited to the position. For those with no tertiary education, this is a godsend.

Pathway to Permanent Residence!. The Employer Nomination Scheme (ENS) allows employers to sponsor their 457 temporary residents for Permanent Residency after the have worked in Australia on a fulltime basis for 2 years, and have been with the sponsoring employer for at least the last 12 months. ENS also has no points system, and provided that you pass the medical and character checks, the process can again be quick (anything from 6 weeks to 6 months).

Cons

Work Restrictions! The 457 visa restricts you from working for anyone other than the sponsoring employer. If you leave them, you need to find another employer that is willing to sponsor you, or else leave the country. Because you need 2 years employment under the same code for ENS, you'll also need to make sure that your new employer uses the same code. However, it is a relatively simple process to move, and if you have good skills, then companies are often happy to become your sponsor. I have personally changed employers since arriving last year in November, and there was no problem with it. 4 of my colleagues at my previous company have also all moved on to new sponsors.

A 457 visa grants Temporary Residence only. This means that you will not have access to state benefits like Medicare or Family Assistance / other Social Security benefits. In some states, temporary residents are required to pay School Fees, even in public school. In NSW, these fees are $4500-$5000 per child per annum.

The whole feeling of only being Temporary can feel quite unsettling. However, at the end of the day, 2 years can go by at a rapid speed and you will be eligible to apply for ENS sooner than you think!

In summary, the 457 is a great option if you don't qualify on the points system, or want to move quickly. Although it can be soul destroying to continously apply for positions and be rejected on the basis of residency, keep at it! There are many of us on the forum (and many of the Hosts) that have secured our visas in this way.

If at all possible, identify the big employers in your field and approach them directly. If they are prepared to consider sponsorship, and if you can afford it, try to come out for a week and meet with them personally. My sister and her husband did this and both got job offers, with sponsorships, as a result. It's worth it if you can afford it.

I will try to put together something similar for the 136 (Skilled Independant Visa) in the next month or so. Meantime, I hope this answers at least a couple of questions.

Here's a link to the ASCO Codes.

http://www.abs.gov.au/Ausstats/abs@.nsf/66...35?opendocument

Cheers

Ajay

Hi Ajay,

Thanks for all the info. on 457.

We do qualify for the points but dont want to wait here in SA for the 12 months it takes to get the skilled visa.

If we go on sponsorship how long before we can apply for PR?

Thanks

Clairey

[AndreaL]

Clairey

Check my answer to your query on the previous page, the short answer is you can apply for p.r straight away by means of several visa options .

[TDM]

We are going on a 457 visa to Brisbane. My husband went for his chest x-ray yesterday (I am waiting until my baby is born in November). They say it should reach Brisbane within 5 working days. Apparently my husbands sponsor says once they recieve the x-ray, the visa should be issued within a week!!! His sponsor also says that he wants him to to his skills assesment as soon as he gets there, so that we can apply for PR. With the company helping my husband with the skills assesment and PR, does that mean that he will be tied to them indefinitely, or once we have PR can we then move on if we want to? Also, with the skills assesment, will my husband also have to do a practical test or do they only reuqire the letters etc from precious employers?

Thanks

[meisie]

Hi Ajay

I am relative new on the forum. My husband received job offer 6 May 2008. We are working with lawyers that the company have. Up till now the business nomination has been approved, just waiting for IELTS test that my husband is going to do 6 September 2008. The medicals are already in Sydney. What happens next when we send test results through to the lawyers. Will the visa then be approved or must a case officer first be appointed. I am a little confused and do you think the visa will be approved by end of September of early in October. Thanks a million.

[Apollo]

Thank you so much for the clarification and the guidance!

Please could you list the Pro's and Con's of the 475 Regional Skilled Family Sponsored. Our agent recommended that route and we never discussed the possibility of the 457. At the time we applied we did not question the merits of the different visas, we simply wanted to get the process going.

We are getting the sense that we should rather have just come over and applied for work to get 457's. There does not appear to be much difference as we cannot get PR for two years either!

Can we be turned down for PR after the 2 years?

Maybe we are not understanding it fully?

Thanks again for your help!

Regards

Apollo

[spif]

Hi, this is my first post and I am not sure if I am in the right area.

My wife, 2 sons and myself have been in Sydney since May 2008. My wife is a hairdresser and we are over here on a 457 sponsorship. From what I have been told, we have have to wait 2 years before we can apply for permanent residence. 2 questions :

1. Must we make a full application for PR once the 2 years are up ?

2. If her employer agrees, is it easy to convert the 457 to a 856 and what would the process be for us becoming permanent residents ? Will she have to stay with her employer for a full 2 years, like with the 457 ? If she does, will the 4 months she has all ready worked be taken into account.

There is not much mention of the 856 ? Does anybody know why ? What are the disadvantages of the 856 when comparing it to the 457.

In summary, it has not been the easiest transition but it has been worth it, especially for the boys.

Regards

Shaun

[dabb]

Hi

This might have been covered somewhere else, but found the following on the immi site.

As I understand it you can apply for sponsored PR if you worked two years for the sponsor OR if you earn more than $165 000 OR if you are on ENSOL and worked in your occupation for 3 years prior to applying. So you don't HAVE to wait 2 years for applying for sponsored PR if you meet one of the other two criteria. Am I correct?

Employer Nomination Scheme (Subclass 121/856)

Eligibility requirements

To be eligible for permanent residency under this visa, the employee must meet ONE of the following requirements:

*have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)

*have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)

*have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

See: Information form 1121i Skilled Occupation List (SOL) and Employer Nomination Scheme Occupation List (ENSOL)

Thx

D

[billabong]

Oi, I wish I can say "my husband received a job offer"!!! If anyone knows of anyone wanting to sponsor a SQL Database administrator/Microsoft CRM Developer PLEASE let me know!!

[Just Fine]

does anyone know if you apply for 456 (short stay business) while waiting for 457 if you can accept the 457 while IN Australia? cause most visa's PR ect you need to get out of Auz to accept visa...

[Fiona]

Hi 'Just fine',

The 457 visa can be granted onshore (in Aus), but be sure to keep the DIAC case officer informed of your current location during the 457 visa processing period.

Regards,

Fiona Carre

MARN 0638808

[CTFamily]

Hello

Dragging up an old but perfectly formed post

There is so much stuff going round in my head that I would like to clarify a couple of points on 457 / 175 visa's please??

1. ENS PR visa post 457 - I was told during an interview today that this can no longer be done after 2 years it is now 4??

2. DH and I qualify for 175 on points but I have a number of 457 job opportunities (bless that niche market skill!!!) Obviously we want to get going ASAP so I want to apply for the 175 whilst on the 457. What would this mean for us? No more 457 tax break I assume but anything else?

3. 175 being offshore - does this mean we can vacation in New Zealand for a couple of weeks while the visa is processed or is it a longer process then that?? Please don't tell me I have to come back here

4. We are going to Sydney so will have to pay overseas student fees - I assume that will only change when we have 175 in hand??

5. Do we have to get Aus driving licences if we are on a 457 or will the SA license do?

6. Can we buy a house on a 457 or will we have to rent until 175 is approved?

Sigh - I suppose I better blow dust off that RPL and get typing again for the ACS assessment!

Thanks everyone - sometimes I think I get this stuff but generally I am just very confused!!

T

xx

[zorba]

Hello

Dragging up an old but perfectly formed post

There is so much stuff going round in my head that I would like to clarify a couple of points on 457 / 175 visa's please??

1. ENS PR visa post 457 - I was told during an interview today that this can no longer be done after 2 years it is now 4??

Haven't heard about this change, will research!

2. DH and I qualify for 175 on points but I have a number of 457 job opportunities (bless that niche market skill!!!) Obviously we want to get going ASAP so I want to apply for the 175 whilst on the 457. What would this mean for us? No more 457 tax break I assume but anything else?

You will qualify for medicare and a host of other benefits reserved for PR visas, FHOG, free schooling, centerlink, etc. And security and peace of mind!

3. 175 being offshore - does this mean we can vacation in New Zealand for a couple of weeks while the visa is processed or is it a longer process then that?? Please don't tell me I have to come back here

As far as I know you only have to leave the country to have the visa evidenced/activated. Some ppl do it in a day, some use the opportunity to have a well deserved break!

4. We are going to Sydney so will have to pay overseas student fees - I assume that will only change when we have 175 in hand??

Yup, that's right. You can apply for exemption from school fees, but don't hold your breath. If as you say you have a niche market skill, you probably earn too much and won't get it. Can't tell you what too much is though, as DET aren't saying!

5. Do we have to get Aus driving licences if we are on a 457 or will the SA license do?

You are allowed to use the foreign license for the duration of the 457 visa. You can get your Aus licence, but only after you have been here for 6 months (voluntary). Worth doing to avoid doing later when you are way to busy!

6. Can we buy a house on a 457 or will we have to rent until 175 is approved?

Yes, you can buy a house but will most likely have to pay a 10-20% deposit. Some places offered deposit free loans, but they are doing away with these (even for citizens) as ppl are finding themselves in trouble. In the past banks have been too free with credit and many ppl are undisciplined with credit cards, keep maxing them all!

Sigh - I suppose I better blow dust off that RPL and get typing again for the ACS assessment!

Thanks everyone - sometimes I think I get this stuff but generally I am just very confused!!

Clear as mud now?

T

xx

Good luck!

zorba

[CTFamily]

Thanks Zorba - I will get back on the 175 tonight!! Checked our points again and we have 130 without having to do IETL's

First thing.... finish that damn RPL!!!

....am not even going to try and get exemption for school fees - with DH and myself working we will def be earning too much.

[Tash]

Hi mara,

My name is Natasha and my boyfriend has immgrated to australia,he has a prelimary residency,how are he get permenant without waiting for two years and what is the easiest way for me to come across

I have seen this question asked so often, so I thought I would look up the information and post it here.

The following link, will tell you what is the minium that employers can pay an employee under the 457 visa.

http://www.immi.gov.au/skilled/skilled-wor...occupations.pdf

Then take note of the conditions attached to the salaries:

These salaries must not include:

� accommodation or rental assistance, board, upkeep, meals or entertainment

� incentives, bonuses or commissions

� shares or bonus shares

� travel, holidays, health care/insurance

� vehicles or vehicle allowances

� communications packages

� Living-Away-from-Home-Allowance

� superannuation contributions (either voluntary employee or compulsory employer contributions)

� any other non-salary benefits not included in the above, with the exception of Medicare benefits received as a fee for service by medical practitioners.

Hope this information is of use to some of you!

Mara

[Mara]

Hi Tash

I am not that clued up on all that is available to him and you, I would suggest that you PM either "Fiona" or "Customeyes" who are both registered migration agents that offer advice on this website. They will give you the correct information.

http://www.saaustralia.org/index.php?showuser=657 (For Fiona)

http://www.saaustralia.org/index.php?showuser=5688 (For Customeyes)

If you click on the above links it will bring up their profile, look on the left top of the screen, it offers you the option of "send message", click on that and away you go!

[Galahadsmum]

Probably the single biggest question that we get on the forum relates to the various types of visas that are available, and which would be the most suited.

I am going to try and write up some information on the two most common - the 457 and the 136 to help provide some guidance. Here is the first attempt!

Long Term Temporary Resident (Subclass 457)

This visa class allows Australian employers to sponsor temporary residence visas for foreign workers. There are three steps involved.

The employer is required to be an approved Business Sponsor (they can apply for this - it takes around 4 weeks for approval, provided they meet the criteria). At this time, they can request a specific number of visas.

Once approved as a Business Sponsor, the employer then has 2 years to allocate the approved visa spots to specific positions. So, they may use one to bring on a Developer, one for a Sales Professional, one for a Recruiter, etc. Provided the position is listed in the ASCO listings (see link below for these) there should be no problem with this. This process is called the Nomination. At the same time, they can specify that they have already identified the person that they would like to fill the role.

The third step is the Visa Application, where the employee applies for the nominated visa position. If the employee meets the criteria specified in the nomination, is under the age of 45, and has a clear medical check, then the visa should be issued.

Pros

It's quick! Once an employer is an approved Business Sponsor, then the actual nomination and application process can take as little as 2 weeks, although more often than not, it takes around 4-6 weeks. Many companies (like mine) apply for multiple visas every two years, so that they can move quickly once a candidate has been identified. This is why we always stress that you should go ahead and apply for positions on websites, even though they say only residents can apply. Many, if not most, of the bigger companies, are already approved sponsors.

Immediate Family, ie spouse/partner and dependant children can accompany the primary sponsor and have unrestricted work rights.

No Points System! Visas are granted on the basis of the visa applicant being suited to the position. For those with no tertiary education, this is a godsend.

Pathway to Permanent Residence!. The Employer Nomination Scheme (ENS) allows employers to sponsor their 457 temporary residents for Permanent Residency after the have worked in Australia on a fulltime basis for 2 years, and have been with the sponsoring employer for at least the last 12 months. ENS also has no points system, and provided that you pass the medical and character checks, the process can again be quick (anything from 6 weeks to 6 months).

Cons

Work Restrictions! The 457 visa restricts you from working for anyone other than the sponsoring employer. If you leave them, you need to find another employer that is willing to sponsor you, or else leave the country. Because you need 2 years employment under the same code for ENS, you'll also need to make sure that your new employer uses the same code. However, it is a relatively simple process to move, and if you have good skills, then companies are often happy to become your sponsor. I have personally changed employers since arriving last year in November, and there was no problem with it. 4 of my colleagues at my previous company have also all moved on to new sponsors.

A 457 visa grants Temporary Residence only. This means that you will not have access to state benefits like Medicare or Family Assistance / other Social Security benefits. In some states, temporary residents are required to pay School Fees, even in public school. In NSW, these fees are $4500-$5000 per child per annum.

The whole feeling of only being Temporary can feel quite unsettling. However, at the end of the day, 2 years can go by at a rapid speed and you will be eligible to apply for ENS sooner than you think!

In summary, the 457 is a great option if you don't qualify on the points system, or want to move quickly. Although it can be soul destroying to continously apply for positions and be rejected on the basis of residency, keep at it! There are many of us on the forum (and many of the Hosts) that have secured our visas in this way.

If at all possible, identify the big employers in your field and approach them directly. If they are prepared to consider sponsorship, and if you can afford it, try to come out for a week and meet with them personally. My sister and her husband did this and both got job offers, with sponsorships, as a result. It's worth it if you can afford it.

I will try to put together something similar for the 136 (Skilled Independant Visa) in the next month or so. Meantime, I hope this answers at least a couple of questions.

Here's a link to the ASCO Codes.

http://www.abs.gov.au/Ausstats/abs@.nsf/66...35?opendocument

Cheers

Ajay

[Galahadsmum]

This is brilliant.. thanks... you have unravelled so many puzzles with this post!

[Erika1973]

Probably the single biggest question that we get on the forum relates to the various types of visas that are available, and which would be the most suited.

I am going to try and write up some information on the two most common - the 457 and the 136 to help provide some guidance. Here is the first attempt!

Long Term Temporary Resident (Subclass 457)

This visa class allows Australian employers to sponsor temporary residence visas for foreign workers. There are three steps involved.

The employer is required to be an approved Business Sponsor (they can apply for this - it takes around 4 weeks for approval, provided they meet the criteria). At this time, they can request a specific number of visas.

Once approved as a Business Sponsor, the employer then has 2 years to allocate the approved visa spots to specific positions. So, they may use one to bring on a Developer, one for a Sales Professional, one for a Recruiter, etc. Provided the position is listed in the ASCO listings (see link below for these) there should be no problem with this. This process is called the Nomination. At the same time, they can specify that they have already identified the person that they would like to fill the role.

The third step is the Visa Application, where the employee applies for the nominated visa position. If the employee meets the criteria specified in the nomination, is under the age of 45, and has a clear medical check, then the visa should be issued.

Pros

It's quick! Once an employer is an approved Business Sponsor, then the actual nomination and application process can take as little as 2 weeks, although more often than not, it takes around 4-6 weeks. Many companies (like mine) apply for multiple visas every two years, so that they can move quickly once a candidate has been identified. This is why we always stress that you should go ahead and apply for positions on websites, even though they say only residents can apply. Many, if not most, of the bigger companies, are already approved sponsors.

Immediate Family, ie spouse/partner and dependant children can accompany the primary sponsor and have unrestricted work rights.

No Points System! Visas are granted on the basis of the visa applicant being suited to the position. For those with no tertiary education, this is a godsend.

Pathway to Permanent Residence!. The Employer Nomination Scheme (ENS) allows employers to sponsor their 457 temporary residents for Permanent Residency after the have worked in Australia on a fulltime basis for 2 years, and have been with the sponsoring employer for at least the last 12 months. ENS also has no points system, and provided that you pass the medical and character checks, the process can again be quick (anything from 6 weeks to 6 months).

Cons

Work Restrictions! The 457 visa restricts you from working for anyone other than the sponsoring employer. If you leave them, you need to find another employer that is willing to sponsor you, or else leave the country. Because you need 2 years employment under the same code for ENS, you'll also need to make sure that your new employer uses the same code. However, it is a relatively simple process to move, and if you have good skills, then companies are often happy to become your sponsor. I have personally changed employers since arriving last year in November, and there was no problem with it. 4 of my colleagues at my previous company have also all moved on to new sponsors.

A 457 visa grants Temporary Residence only. This means that you will not have access to state benefits like Medicare or Family Assistance / other Social Security benefits. In some states, temporary residents are required to pay School Fees, even in public school. In NSW, these fees are $4500-$5000 per child per annum.

The whole feeling of only being Temporary can feel quite unsettling. However, at the end of the day, 2 years can go by at a rapid speed and you will be eligible to apply for ENS sooner than you think!

In summary, the 457 is a great option if you don't qualify on the points system, or want to move quickly. Although it can be soul destroying to continously apply for positions and be rejected on the basis of residency, keep at it! There are many of us on the forum (and many of the Hosts) that have secured our visas in this way.

If at all possible, identify the big employers in your field and approach them directly. If they are prepared to consider sponsorship, and if you can afford it, try to come out for a week and meet with them personally. My sister and her husband did this and both got job offers, with sponsorships, as a result. It's worth it if you can afford it.

I will try to put together something similar for the 136 (Skilled Independant Visa) in the next month or so. Meantime, I hope this answers at least a couple of questions.

Here's a link to the ASCO Codes.

http://www.abs.gov.au/Ausstats/abs@.nsf/66...35?opendocument

Cheers

Ajay

Hi Ajay!

Pleased to "meet" you... )

Thanks for the above info - I printed it when we started our "journey/job" of collecting docs, visa app medicals etc etc etc ( you know the list )and it kept me focussed and going!!!

Ok, so now - much to our dismay... we have done all and now that DIAC have asked for a skills assessment. What I need to ask is : Is the assessment designed for persons with no formal qualification ?

We looked at the TradeSET and it looks rather complicated ? The position that we have been offered is a mixture of many positions - like a general farm worker / maintenance / handy man ... they have asked us to do a welder first class assessment? My husband is qualified by experience and has no formal qualification ?

Please advise, if you can! Maybe we have to change the occupation (not that I can find anything that suits on the list ) or maybe change the visatype ?

Thx

Erika