# 457 Age Limit ?



## Jeanette Bosch (Nov 13, 2010)

I think I actually need the advice of an Immigration Consultant, and I know there are some members of the forum who actually hold this qualification but I have no idea who they are. I have two questions........

If someone is fortunate enough to secure a employer sponsored 457 is there an age "cut-off" point where the DIAC would not approve? i.e. over 60 years of age.

Second question: Are all Aged Parent Visas (there seems to be more than one type) subject to the BoF clause?

My husband would be the primarly applicant. He has two children from a previous marriage, one of which is a citizen of Australia.

We have one child together and she would be coming with us if we could manage to find a way in. ANY ADVICE?

J.


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## Zultan (Aug 4, 2009)

Hi, there is no age limit to the 457 visa - however the employer would have to convince DIAC to exempt him from the normal age limit, were he then to apply for a PR visa. Depending on his particular skill / career demand, this may be easy or hard to do.

Yes, both parent visas require a pass to the BoF test :: Australian Immigration Fact Sheet 31. Parents

It sounds like from what you descibe, you would pass the BoF test ::

The primary visa applicant for any contributory or non-contributory parent visa must satisfy the 'balance of family' (BoF) test. This means the applicant must have:

* at least half of their children living lawfully and permanently in Australia; or
* more children living lawfully and permanently in Australia than in any one single country overseas.


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## Jeanette Bosch (Nov 13, 2010)

Zultan said:


> Hi, there is no age limit to the 457 visa - however the employer would have to convince DIAC to exempt him from the normal age limit, were he then to apply for a PR visa. Depending on his particular skill / career demand, this may be easy or hard to do.
> 
> Yes, both parent visas require a pass to the BoF test :: Australian Immigration Fact Sheet 31. Parents
> 
> ...


Thank you Zultan. It's so nice to get a quick response. One of my failings is a lack of patience - so you are an absolute Star! Are you by any chance an Immigration Consultant?

I'm not quite sure about your take on the BoF thing. Are you saying that because the youngest daughter would be acommpanying us in our immigration, that would be enough to meet the quota. i.e. of the three children we have together, one who is an Australian citizen, one who would be coming with us and the third child remaining here in SA.?

With regard the 457 (which I think is for 4 years). If the employer couldn't or wouldn't convert this to an 856 then we would have to make another plan before the four years were up.

I'm trying to look at all scenarios. It will be very hard to find a sponsor for employment from SA. My husband is of the opinion that we just pack up and go on a visitors visa and then make an effort to find sponsor when we get there. I agree that face-to-face encounters are more beneficial when trying to find employment but it's one helluva risk to take. What if we don't find something and we have sold up everything in SA, moved furniture etc. That's why I think I would feel safer on a Parent Visa. Then of course, I believe these things take YEARS to process.

Any advice you can give would be great.


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## Zultan (Aug 4, 2009)

No, I'm not a migration consultant - sorry about that  I used Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia for my own visa - they'll give you a free 15 min assessment in which you can ask as many of your questions as you want.

I think your best bet is to speak to an agent and ask what options they think are best for you. As I say, the decent ones won't charge you for an initial consultation.

Also, looking for work whilst on a tourist visa is actually a breach of your visa conditions - which if you're looking for residency at a later stage could cause you lots of problems.


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## amaslam (Sep 25, 2008)

I am not sure you pass the BoF test as there are (3) children of which 1 is in Australia. In a BoF test (2) of the children would need to be residing in AU.


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## Jeanette Bosch (Nov 13, 2010)

Zultan said:


> No, I'm not a migration consultant - sorry about that  I used Go Matilda - Your Gateway to Australia - Visa, Tax and Financial Planning for Australia for my own visa - they'll give you a free 15 min assessment in which you can ask as many of your questions as you want.
> 
> I think your best bet is to speak to an agent and ask what options they think are best for you. As I say, the decent ones won't charge you for an initial consultation.
> 
> Also, looking for work whilst on a tourist visa is actually a breach of your visa conditions - which if you're looking for residency at a later stage could cause you lots of problems.


Thanks Zultan,

Yes, you are quite right. My mind boggles at all the ramifications. Thank you for your help.

Kind regards,
J.


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