Current 457 holder to PR pathway

[Slater]

Hi 

I am hoping someone in the know can confirm that if you are in Australia working on a 457 that the occupation is no longer on the skills list, construction estimator, can still apply for PR in the future?

My 457 was approved in 18 January 2017. I have been living and working in Sydney since February. I am yet to bring my wife and children across as I wanted to see if the job was right for me first. On a 6 month probation. I was due to apply for my family (dependants) visas this week and then Malcolm Turnbull dropped the bomb. I would just like to confirm before I pay for visas and sell up everything and up root my family to bring them over here. According to the original statements made by government the PR pathway is still open to current 457 holders. Which is great. But then my migration agent phoned me on Friday to say that because my occupation is no longer on the skills list I am no longer eligible for the PR pathway. 

I hope someone may shed some clarity on this subject. 

Much appreciated. 

 

Graeme

[Mara]

@Slater I am going to highlight this question for our kind migration agents to reply @TeeTMI and @SD_MOA They may be able to shed some light on this for you.

[scotsman]

Hey Graeme, I am not a migration agent but was also affected by the recent category removals.  I have been fortunate that the company I work for has supported me with further advice through one of the big four audit firms so is probably likely to be right.

 

My understanding is that you cannot apply for a transitionary PR off this occupation category as the particular 457 visa category that you are in is now gone.  My situation is slightly different in that I have just passed the two year mark on the four year 457 visa which falls under a grandfathering clause allowing my 186 permanent residence application to be considered.  If I understand it correctly as long as I have my PR application in by 31 March 2018 I am covered under the clause and thus the application will be considered regardless of the removal of the underlying 457 visa occupation category.

 

As you cannot hit the two year mark before 31 March 2017 you cannot make the time window for the grandfathering clause which then by assumption leaves only two other options, an application for another 457 under a different but correct occupation category or a direct permanent residence application.  I also understand that as your 457 was issued prior to the category removal it is still valid for the complete four year period.

 

This is probably not the news you wanted to hear mate but it is what it is.  I wonder if you can't do a direct permanent residence application whilst in Oz on the 457.

 

Cheers

 

j

 

PS.  Enjoy the surfing, if you are out around Freshwater I will be the kook floundering in the shallow water!

 

 

[Duggen]

Also very interested to hear the outcome of this. Could really screw over a huge amount of people on 457 visas.

 

From all the reading I have done I cannot seem to find an answer to weather the 186 transition stream visa would require your skill to be on the new updated list.

[Slater]

Thank you. I would very much appreciate that. 

[Slater]

On 10/06/2017 at 5:26 PM, scotsman said:

Hey Graeme, I am not a migration agent but was also affected by the recent category removals.  I have been fortunate that the company I work for has supported me with further advice through one of the big four audit firms so is probably likely to be right.

 

My understanding is that you cannot apply for a transitionary PR off this occupation category as the particular 457 visa category that you are in is now gone.  My situation is slightly different in that I have just passed the two year mark on the four year 457 visa which falls under a grandfathering clause allowing my 186 permanent residence application to be considered.  If I understand it correctly as long as I have my PR application in by 31 March 2018 I am covered under the clause and thus the application will be considered regardless of the removal of the underlying 457 visa occupation category.

 

As you cannot hit the two year mark before 31 March 2017 you cannot make the time window for the grandfathering clause which then by assumption leaves only two other options, an application for another 457 under a different but correct occupation category or a direct permanent residence application.  I also understand that as your 457 was issued prior to the category removal it is still valid for the complete four year period.

 

This is probably not the news you wanted to hear mate but it is what it is.  I wonder if you can't do a direct permanent residence application whilst in Oz on the 457.

 

Cheers

 

j

 

PS.  Enjoy the surfing, if you are out around Freshwater I will be the kook floundering in the shallow water!

 

 

Thank you for your reply Scotsman. I hope to find a way as I really love it here and my family is to arrive next month as son as I can find suitable accommodation. Where there is a will there is a way is what I believe. After all I got this far with limited resources. 

 

Edited June 11, 2017 by Slater

[scotsman]

We also really love it here and I'm sure that you will find a way.  Best bet is to speak to an immigration agent even if it costs you some money as it will undoubtably be money well spent (especially if it gets you PR!)