From 457 to PR

[Michelle M]

I'm now very confused

It looks like we will be able to go over on a 457 visa, relatively soon. It is my understanding that we have to live in Aus for 2 years before we can apply for PR or one of our employers can sponsor us (once we're already there) on a 121 visa but then you may be contractially binded for 2 years to that employer. Which in itself is not a problem but what if they do not want to sponsor us.

I have to get my parents over with in the next 3 years. (When my dad goes on pension) For me to sponsor them to come over on a Contributory Parent (Migrant) Visa (Subclass 143) I have to be a PR.

Now...... I was thinking Is it possible for me to apply for the 136 visa while I'm getting sponsored on a 457 visa? If so do I do it from here, now?? Or do I wait till we're there and then start the process from there? To go out of Aus to activate the visa is not a problem (just a good excuse to come visit the family )

Is there any other way that we can get PR quicker on a 457 visa and if none of the above is possible how long after the 2 years have gone on the 457 visa and we apply for PR do we actually get PR status? Is it another 1.5 to 2 years? which means that my parents can only come over in 4 years time?

I hope all of this makes sense Like I said I am very confused

I will appreciate any advice

Thanks

Michelle

[Marius]

Michelle,

I am also here ona 457 visa. The best way is if the same employer sponsor you for PR under a few visas, the most common the 857. The employer has to get approved as a sponsor ( easy if they are already approved for a 457 sponsor ), then they have to get the nomination for the position approved. You can then apply for the visa. You can do this after as little as 6 months after arriving on a 457. If successfull on the lets say 857 visa ( as i am more familiar with this visa ) you have PR instantly with all that goes with that and can for instance epsonsor parents etc. I have little knowledge of the parent sponsor, but know ( or am fairly certain ) you need to have PR or be a citizen to do that, so not on a 457 as far as I know. If you get the visa aplication approved, under the 857 visa you have to stay in the state and in most cases the employer for at least 2 years. I hope this helps without adding more confusion, also check yout www.immi.gov.au if you havent already. I am currently busy with the final stages of this 857 visa, but hit a snag when I had to get a pardon fornm SA for a silly offence i had on my record of some 23 years ago when I was 15 ! I never even knew it was there. Anyway, as far as I am concerned that is the best way to PR form a 457 in my experience, provided of course the employer also want to sponsor for PR. But they almost always do, they like us hard working clever Saffers ! Yes as far as in know you can still apply for the 136 visa once here.Let us know how you go.

[Ajay]

Hi there,

There are 3 conditions under which you can switch from a 457 to PR if the company is willing to sponsor you. They are:

You have been working under your nominated ASCO code (in other words, in the category named in your visa) for 2 years fulltime, and have been with the nominating employer for at least the last 12 months

OR

You get a positive qualification assessment

OR

You are being nominated to fill a highly paid executive role, with a base salary of at least $165K pa

You can apply for a 136 at any point - once it is approved, your 457 visa will fall away.

Hope this helps

Ajay

[Fiona]

Hi Michelle,

To sponsor your parents on a contributory parent visa you generally have to be a settled Australian permanent resident or citizen (this usually means having lived in Australia for 2 years, and includes time spent in Australia on a temporary visa). In order for you to pursue a permanent residence visa- If you are approved for a 457 visa, some of your options are as follows:

1. Come to Australia on a 457, then look into your eligibility for a 136 visa and apply say after 6 months of being in Australia if eligible.

2. Come to Aus on a 457, then once you meet the requirements (as outlined by Ajay above), apply for an employer-sponsored permanent visa (if the employer is willing to pursue this).

There is always the option of applying for a 136 visa now, but you will need to remember that whichever visa is granted last will cancel out any previous visa you held. It is also a longer process to get to Australia, and this may not be favourable for you if you have a job waiting in Australia.

Kind regards,

Fiona Carre

Registered Migration Agent

Gold Coast, Australia