# Permanent residency from 457 age excemption?



## Sonial (Apr 22, 2011)

Hi

I have been offered a job in SA and hope to get the 457 visa. My question relates to further down the line. I understand it is possible to get permanent residency (eventually) but currently this has an age limit of 45. I am 46 now I understand that in "exceptional circumstances" the age can be exempt. 

I will be coming on a SOL occupation, but I wondered whether anyone had actual experience of getting PR through with an exemption for exceptional circumstances???


Many thanks in advance...

Sonia


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## amaslam (Sep 25, 2008)

I haven't seen posts on anyone using the age exemption to get PR after a 457.

My view of it:

You need to have a skill or position that would be unique to the AU workplace, could not be done easily by a person of an age under 45 that is already in AU.

Therefore it is an exceptional circumstance that you need to have PR in AU to continue in your unique role and position and the business that you are working in would otherwise suffer if you were not able to stay and work in the unique role. 

***
DIAC likely has more specific guidelines and rules around this but it's a 'prove the case' for exceptional circumstance to get a yes for PR.

***
In July a new points system is being introduced and that allows PR applicants upto age 49. That might be more in your favour if you have lots of work experience in your occupation and can meet the new points requirements.

Please see more about it here:
http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-testfaq.pdf


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## Darla.R (Mar 27, 2011)

I know people who have got age exemptions well after the age of 45, the oldest had just turned 51. They were all professional engineers and medical personnel. It's not that unusual if an employer makes a good case for it.

Amaslam's advice about the new points system is good news and makes it a lot easier for older people to get PR. It avoids the anxiety about will they/won't they approve the nomination. It may be worth getting your paperwork together and applying under the new system as soon as it opens.


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## Colindp (Jul 6, 2008)

Sorry probably not much help to you at the moment, I am 52 and about to go through the process, my employers are willing to sponsor and being an Civil Engineer I have applied for the Qualification Assessment with Engineers Australia, fortunately my UK qualification is covered by the Sydney accord and I can get minimum requirements from SOL list. It is now down to my employer to prove that they can't get somebody younger in Australia to do my job...that will be the difficult bit, however I am working as a project Manager with a local authority and have been assigned a project that will take 4 years to fully complete, it is hoped that will be of assistance....BTW I have been in Australia just over 2 years also on a 457.
I'll try to keep the forum updated with my progress.

Good Luck with your endevours...


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## Sonial (Apr 22, 2011)

Many thanks to everyone for your informative and encouraging help. My skill is on SOL and I am a health professional and the job is in SA - a rural area, so all ammunition for me. Darla - do you have contacts for your friends who got age excemption for PR? It would be most useful to be able to talk to them about their experiences. Many people on forums are in the same position and not being able to get PR is a big downer on risking so much...... Surely the Auz immi lot should realise this? Especially since they are upping the age??

If anyone else has experiences... please let me know

S


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## Darla.R (Mar 27, 2011)

I'll ask around for you and will message you if I get something.

Good luck to both you and Colindp. If they're upping the age anyway they may not be too worried about over 45s presently asking for an exemption with strong support from their employers. From what I've heard if the employer gets the nomination approved you're pretty much home and dry as long as your meds, police checks etc, are ok.


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## reddoc (Jun 1, 2011)

we have just lodged for Employer nominated 856, have been on 457 for last 2 + years with same company, hubby will be 47 in October this year. 
Have heard it could take 5 - 7 months... 

never thought i'd feel the cold in Australia .. been here 5 years now and its freezing lol


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## Sonial (Apr 22, 2011)

Let us know how it goes. Fingers crossed.

Sonia


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