Question: from 457 to permanent residency

[MyAusJourneyIB]

Hypothetically speaking,

Lets say I am successful in securing sponsorship in Australia (457 Visa) and my whole family (Husband & Daughter) is included in the visa application, however only my daughter and I will come to Australia for the first two years as my husband has a business in South Africa he can't just close up in a month or two.

And after two years I can apply to  convert the 457 to permanent residency under the Employer Nomination Scheme, I see however that on one of the migration websites it states the following: "your family members will need to be in Australia when the visa is granted".

For how long will they have to be in the country? Does it mean that from the time that we start the process to convert the visa to the time we are granted the visa? And if so how long does that process take on average from applying to convert to visa being granted? 

 

Hope someone can shed some light.

[monsta]

If you are referring to the Employer Nomination Scheme (subclass 186) VISA, it doesn't say anything about having to be in Australia when the VISA is granted.

 

Have a read of  https://www.border.gov.au/Trav/Visa-1/186-  and see if you agree with me. 

 

But just be carefull... Australia frowns heavily on keeping famalies apart, especially when kids are involved. I would not be surprised if they ask questions about why your husband is not living in Australia with you and/or reject your VISA because of it. Two years is a long time for you to be away from your husband. 

 

Perhaps its best to wait till your husband's business is sorted out in RSA, then look to move?

[MyAusJourneyIB]

Thanks for the info @monsta

We know it will be tough but he will travel to Aus every 4 months for 2-3 weeks. IF this is our way to get into Aus then we are both in it for the end result.

[RYLC]

@LillyL I think you should get an opinion from one of the agents on here.  

 

This is the sort of wrong move that could cost you a visa if it is seen as a negative.  I don't know how it is viewed only that you should not take a chance without advice from a proper source.  @TeeTMI or @SD_MOA are agents who may be able to give better guidance.

[monsta]

I agree with @RYLC    I don't know if the Australian government will consider your husband visiting every 4 months as "living together". The term they use a lot is you need to have a "genuine and continuing relationship".

 

To the Australian government, South Africa isn't a dump that you should do everything you can to escape from. They might question why you would want to leave a perfectly good country if your husband can't come with. 

 

But, one of the agents here might be able to tell you its all a matter of keeping the right kinds of evidence. For example, you might want to email hubby a lot as that way there is evidence of your relationship. Its hard to prove that you call him every day.

[MyAusJourneyIB]

@RYLC I will definitely get a professional opinion, seeing as this is a support forum I was just asking in case someone had been through something similar.

[RYLC]

7 minutes ago, LillyL said:

@RYLC I will definitely get a professional opinion, seeing as this is a support forum I was just asking in case someone had been through something similar.

 

There are tweaks to the rules every year (July) so I would hate for you to rely on somebody else's experience some time back when things are different now.  I think your situation will be a grey area where some people will say it was fine and some will say there was an issue.  Agents have the latest info and that will be best for you.  I hope it works out for you

[MyAusJourneyIB]

@RYLC I totally get where you coming from, I do appreciate it.