# Going from 457 to 856 Employer Sponsored Permanent Residence Status



## ardie514 (Aug 12, 2009)

Just wanted to post my question to Amaslam and his very helpful reply in hopes that it may help others out there. Thanks Amaslam!!!

We are here on a 457. My husband is working for a Uni and apparently his current position that waives the 2 years of work experience in country and the skills assessment. The Uni has already submitted the nomination for the 856 and been approved so now we are working on our application. My understanding is that even though it's Employer Sponsored permanent residency, once approved we are not tied to the employer anymore? My husband is happy in in his position, but just wanted to know where we stand. Once we have PR we can stay in Australia and do what we want work wise, correct? Thanks again for all your help.

Reply: Your understanding is correct. The 856 is a PR visa so you are not tied to your employer once you have it. Many employers do ask for the fees paid for the application to be paid back if you leave within 1 yr of getting the PR but it doesn't affect the grant of the PR once you have it.

As your husband is happy there the 12 month commitment (not an Immi commitment, just most businesses ask for it) should not be any hardship.

Just note once you are PRs you have to wait like all PRs for access to your Super monies but otherwise you get all the advantages and peace of mind getting that visa gives you (i.e. Medicare, not tied to job, Centrelink benefits (i.e. Baby bonus, etc.).

The application process is virtually identical to a 175 PR visa, but the best part is that it is granted onshore and one day you will get a letter that says you have it. You take that letter and your passports to the closest Immi office and get new PR stickers. Then the next thing should be a trip to a Medicare office to get Medicare cards, and finally if you have some time visit a Centrelink office to see if you are eligible for any Family benefits (this is not the dole, but things like childcare allowance, Family Tax Benefit A & B). You should also change over your health insurance to a resident one (much lower cost than the overseas visitor cover).

Also payroll should stop LAFHA and you'll need to start paying your own rental from take home pay.

Also if you don't have AU drivers licenses you'll need to get them within 90 days (varies by State) as you are no longer a 'visitor'.

If you have kids then you don't need to pay fees anymore for public schools (as you did for 457). Also with your Medicare card you can start going to bulk billing GPs and also pay less at the Pharmacy (PBS subsidised prescriptions).

I think I've gotten all the major points.

This would certainly make a good post to the forum for information purpose so I'd appreciate if you started a thread and pasted my reply in.

Good luck


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## amaslam (Sep 25, 2008)

One more thing, should you choose to go for AU Citizenship (as I have, you can hold both your US and AU Citizenships) your time as a 457 is counted for the residency period (it must total 4 yrs INSIDE AU and the last year of that residency has specific periods required in AU).

You can read all the gory details at Australian Citizenship - Becoming an Australian Citizen 

Paperwork is quite simple (compared to a PR application).



ardie514 said:


> Just wanted to post my question to Amaslam and his very helpful reply in hopes that it may help others out there. Thanks Amaslam!!!
> 
> We are here on a 457. My husband is working for a Uni and apparently his current position that waives the 2 years of work experience in country and the skills assessment. The Uni has already submitted the nomination for the 856 and been approved so now we are working on our application. My understanding is that even though it's Employer Sponsored permanent residency, once approved we are not tied to the employer anymore? My husband is happy in in his position, but just wanted to know where we stand. Once we have PR we can stay in Australia and do what we want work wise, correct? Thanks again for all your help.
> 
> ...


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## ardie514 (Aug 12, 2009)

Just a quick note. On Friday, Oct. 22, I hand delivered my 856 PR application to the Perth Immigration office. I will update once we our approved, as I know others of you are going through the same process.


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## amaslam (Sep 25, 2008)

It goes fairly quick, I think the longest period is to get the police checks back from the USA (specifically the FBI). The only extra form I would fill out if you haven't already is Form 80. It was asked for just 1 day before visa grant.

If you supplied an e-mail your visa grant will be given as a Word doc attached to e-mail. You just print that doc and then go with passports to the closest DIAC office. Then 15 mins later you'll have your PR stickers and can be on your way.



ardie514 said:


> Just a quick note. On Friday, Oct. 22, I hand delivered my 856 PR application to the Perth Immigration office. I will update once we our approved, as I know others of you are going through the same process.


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## claireneil2 (Oct 2, 2007)

I thought that on a 856/857 visa you had to work with your employer for a further 2 years from the date the visa was granted. I am starting my application for a 857 visa from a 457 and this was my understanding of the visa.


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## ardie514 (Aug 12, 2009)

claireneil2 said:


> I thought that on a 856/857 visa you had to work with your employer for a further 2 years from the date the visa was granted. I am starting my application for a 857 visa from a 457 and this was my understanding of the visa.


Since my husband is in a senior academic position, he is exempted from the 2 year work period or any of the other stipulations.


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## heyheyhey (Mar 18, 2010)

*3 options to apply for PR (856)*



claireneil2 said:


> I thought that on a 856/857 visa you had to work with your employer for a further 2 years from the date the visa was granted. I am starting my application for a 857 visa from a 457 and this was my understanding of the visa.


Well actually there are 3 ways of moving from 457 to 856 - I quote DIAC :
"You must also meet one of the following requirements:

- have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)

OR have been nominated to fill a position with a base salary of more than $165 000 per annum (excluding superannuation or allowances)

OR have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL)."

Employer Nomination Scheme (Subclass 121/856)

I am currently applying for PR through my employer on the 3rd option. You might have to do a bit of research on the skills assessing authority to find out if you are eligible though - mine was VETASSESS.
There is a LOT of paperwork involved and you have to pay for the assessment ($550 in my case) You will have to submit certified (and translated) copies of all your academic transcripts and diplomas, detailed letters of references of your employers for the last 3 years (current and previous, but it's better to cover 5 years if you haven't been with your last employers for more than 5 years) showing the exact period of employment, positions held, main tasks, hours of work etc.. all supported by english translation if needed + updated CV + certified photos + passport visa pages copies. Then wait for up to 8 weeks to receive the approval from VETASSESS, then you can lodge your PR/

This is on top of your police checks, medical exams (and fees) etc. for PR.

It's a big pain in the a** to gather all that especially when you don't have these with you in Australia, but well, I think it's worth it.

Will update when I receive my VETASSESS approval, please cross your fingers for me!


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## ardie514 (Aug 12, 2009)

That's right, sorry. Hubby was exempt from the skills assessment due to senior academic posit
ion.


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## ardie514 (Aug 12, 2009)

Just received our visa approval and are now permanent residents!!!! So, it took about 6 weeks from dropping off the application to receiving approval letter!


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## amaslam (Sep 25, 2008)

Congratulations 

Next stop: Medicare Office and a phonecall to the medical insurance to start getting those 'resident' rates. And of course a bulk billing GP if feeling sniffly 



ardie514 said:


> Just received our visa approval and are now permanent residents!!!! So, it took about 6 weeks from dropping off the application to receiving approval letter!


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## drageamon (Sep 7, 2009)

Hey guys,

I have a bit of a query. I am a secondary visa holder on a 457 and I will in March be admitted onto the roll of solicitors in NSW. I have a permanent job as an in house lawyer.

My employer wants to sponsor me instead of my other half's employer and to go for PR if we can. I have been on my 457 since March 2010.

Firstly, is it possible to do it by myself as an admitted lawyer or do I have to do it with employer sponsorship?

Secondly, I was diagnosed with a spinal tumour which was removed in June 2010 whilst I was here under my private insurance but it is a condition that I have to be scanned for the rest of my life for due to the risk of reoccurance. Do you think this will stop me getting permanent residence?

Thanks guys


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## amaslam (Sep 25, 2008)

You can do it yourself, but it is far easier and quicker to do it with Employer sponsorship as that is given the highest priority in processing. Also an 856 is sure to be an onshore visa so you don't have to leave AU and come back to 'validate' on your new PR visa. 

I don't think your medical condition will lead to a deny of visa. The health area of Immigration makes the decision but they will ask for tests and doctor reports so they can determine an answer based on their policies. If it's under control and treated then I don't see a reason for deny. 




drageamon said:


> Hey guys,
> 
> I have a bit of a query. I am a secondary visa holder on a 457 and I will in March be admitted onto the roll of solicitors in NSW. I have a permanent job as an in house lawyer.
> 
> ...


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## drageamon (Sep 7, 2009)

Thanks Amalam!!

I agree doing it with my employer would be better. Once I have PR do I have to stay with that employer?

Thanks


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## ardie514 (Aug 12, 2009)

drageamon said:


> Thanks Amalam!!
> 
> I agree doing it with my employer would be better. Once I have PR do I have to stay with that employer?
> 
> Thanks


Nope, my understanding is that once you have PR you are free to work anywhere in the country, you are not tied to the employer who sponsored you. Please correct me anyone if I'm wrong on this matter.


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## amaslam (Sep 25, 2008)

The PR visa doesn't restrict you to one employer but many sponsors have it in the employment contract to work for at least 1 yr with them after you get PR. 

In most cases I've heard if you don't they expect to be reimbursed the cost of sponsorship (i.e. visa agent fees, visa application fees).

So that condition is not from Immigration, just customary in 457 --> 856 cases. 





ardie514 said:


> Nope, my understanding is that once you have PR you are free to work anywhere in the country, you are not tied to the employer who sponsored you. Please correct me anyone if I'm wrong on this matter.


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## cuteadder (Mar 20, 2011)

drageamon,

I am very interested in what courses, exams and etc you have bee through to get to this stage, I work in IT and just moved to Sydney, I had leave my fiance in the UK as she didn't like the idea of re-training (she is a uk based solicitor).

please can you contact me on - expatforum at rebelinternet com

thank you

sam


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## drageamon (Sep 7, 2009)

Hi Sam,

I did a very long thread on here with all the information. I am not sure how to send u to it. Search solicitor & it should come up. If u have any further questions. Message me. 

Thanks
Kel


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## farzanaisme (May 31, 2013)

*457 to 186 transition*

Hi there,
I'm a new to this forum. I need help with 457 to 186 visa transition. Here is our situation:
1. My husband is primary 457 visa applicant
2. 457 visa approved on 15 Nov 2012 as customer service manager
3. We will be eligible for 186 (transition stream) on 16 Nov 2014
4. The company sponsored 3 other employees under 457
5. The company got visit from immigration business monitoring unit in mid June & asked for Documents regarding payg, payslip, super etc. 
6. Docs provided to immi on 2 July 14 by lawyer.
7. So far no reply from immigration. We didn't get any time frame from immigration.
8. Can we still apply for 186? Though immigration hasn't reply on the monitoring 
9. Our lawyer said to wait for immi reply. But we are worried if the occupation gets removed from the csol then we wouldn't have any option to apply for PR. It happened to us before.
Anyone please help me with relevant knowledge or experience. It would be much appreciated


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