# 457 visa vs PR (190)



## raj333 (Apr 13, 2013)

Hi,

I have applied for Australian PR under state sponsorship (subclass 190) current status is EOI is already placed, awaiting the invitation from the state (WA) and then will apply for the visa. my occupation is in the SOL 2.

now I am getting an opportunity from an organization who is willing to sponsor my 457 visa, get me a permit and wants me to join a client in Australia in a month time. they doesn't want to wait till I get my PR and says that I can continue with PR processing from Australia.

I would like to understand if there would be any issues in getting a PR if I have 457 visa or any other issues from the sponsoring state if i am not landing there for work.

I will really appreciate for any comments or suggestions. 

thanks in advance,
Rajat


----------



## indianinact (Apr 6, 2013)

I don't think there should be any issues as long as you keep your eoi updated with current information and all other paper work is clear


----------



## espresso (Nov 2, 2012)

Hi raj333, 

as _indianinact_ wrote you can apply for your PR onshore as well. If the company wants you so urgently that they offer a sponsorship, why not take them up on the offer. 

Just a quick question, though: You applied for state sponsorship to WA, right? Because they don't (currently) invite people just based on the EOI and your preferred state selection in the EOI. I'm just pointing that out to make sure you are not waiting and waiting and waiting . 

Cheerio and good luck, 
Monika


----------



## raj333 (Apr 13, 2013)

@Indianinact: appreciate your response! but the case you mention is when a person is already in Australia with some kind of visa (work holiday, 457) and then apply for PR, but my case is i have applied for an PR and now getting 457. i would agree with you but just wanted to double check. 
how about if I have applied for sponsorship by WA and now will be working in Victoria. will that affect the PR in anycase?

@Monika: much appriciated! I am confused with your last statement that they don't invite people just based on EOI, what other factors they look for? WA mention(website) that the processing time is 30 days which is my case is already over and haven't heard back from them. what do I need to do to get the invite now?

regards,
Rajat


----------



## indianinact (Apr 6, 2013)

Firstly eoi is not application for PR. If your circumstances change you simply update the eoi . you cannot change eoi after you have been invited . 

Alternately you can also temporarily suspend eoi for 190. Get 457 ... Travel to aus and then update eoi again. 


Also You need to read through terms of wa state sponsorship ... 

Example you cannot apply for Victoria sponsorship if you are presently living in another state of Australia and do not have an offer in Victoria.

If your job is in Victoria then why would you care about state sponsorship of wa anyways .

Shouldn't you be applying for PR from there vic ? 

Think that through. 

457 is good . your spouse can work anywhere . 

But you need to arrange for insurance. 

Once you get invited for PR and you apply you move to bridging visa which gives you access to medicare


----------



## espresso (Nov 2, 2012)

Hi raj333, 

As _indianinact_ pointed out an EOI is *NOT* a visa application. Once you get an invite from DIAC you have to select whether you are an onshore or offshore applicant. You should update the information in your EOI when your circumstances change (Example: You move to Australia on a 457 visa ). 

Note that you have to move to WA once your 190 visa is granted - you cannot stay employed in Victoria with a PR from WA. You need one from Victoria. In either case you'll need to fill out an application for state sponsorship which references your EOI, possibly pay an application fee (AUD200 in WA, nothing in Victoria) and wait for the visa decision. Each state has different criteria for sponsorship, some require a higher IELTS score, certain financial resources, etc. 

Apply for Victoria state sponsorship: Victoria State Nomination - Live in Victoria
Apply for WA state sponsorship: http://www.migration.wa.gov.au/SKILLEDMIGRATION/Pages/HowtoapplyforStateSponsorship.aspx

All the best, 
Monika


----------



## raj333 (Apr 13, 2013)

@Indianinact @Monika
Thanks for the valuable feedback... I think the sponsorship and EOI goes hand in hand, if I am applying in 190 then first I need to get approval / acceptance from state and then DIAC will work on the invite.. right?

will read through the links and let you know if I have any other questions. 
really appreciate your time to reply my queries.. Thanks


----------



## espresso (Nov 2, 2012)

Hi raj333, 

yes, the usual sequence is to first fill out and submit the EOI. Make sure that you select the correct state for which you are going to apply for sponsorship in the EOI. Then you apply for state sponsorship and tell the state your EOI reference number. Processing will take a coupe of weeks but when/if the state accepts your application the nomination will be directly linked with your EOI and you'll get an invitation to apply for the visa. 

All the best, 
Monika


----------



## jayptl (Dec 13, 2012)

Does 457 visa leading to PR after 2 or 4 years after working in same employer??


----------



## espresso (Nov 2, 2012)

Hi jayptl, 

*not automatically*, no. 

Yes, if the employer is willing to sponsor their 457 employee to PR and (s)he fulfills all criteria (age < 50, 2 years of employment with same employer under 457 visa etc.). The Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) are two pathways from TR to PR. 

With additional Australian work experience obtained on a 457 visa, some visa holders also qualify for a skilled independent (189) or sponsored (190) visa in their own right and can apply without support from the employer. Another option is that s/he meets an Australian partner and gets PR via a partner visa. 

All the best, 
Monika


----------



## jayptl (Dec 13, 2012)

Thnx Monika

Well, i m still confused 

You mean, in condition if we reaming on 457 for 2 years with same employer, then according to DIAC we apply for PR?? which subclass its mentioned? even in skill select site, there is no mention of condition to PR on 457 visa???

190 is points based GSM visa, suppose person doesnt meet criteria of points, and still they are on 457 visa?? than still they qualify for PR??


*for example, I am sponsored by retail manager by petrostation or Aus post, but my primary qualification is on IT, * than I still lodge PR after 2 yr on 457??


----------



## espresso (Nov 2, 2012)

Hi jayptl, 

read it up on the SkillSelect page. If you fulfill the criteria for a 189/190 visa (= pass points test) during your time ion Australia on a 457 you can apply any time (1 month, 5 months, 2 years, 3 years, whatever etc. in the 457 visa). If you don't qualify you cannot apply for PR through that route. 

If you don't qualify for a 189/190 visa you *need your employer to help you* to get PR. They don't have to do that, though. One requirement is that you must have worked for the sponsoring company for 2+ years. Talk to your employer if they would be willing to sponsor you to PR. Subclasses: ENS (186) and RSMS (187). 

All the best, 
Monika


----------



## melloncollie (May 24, 2012)

jayptl said:


> Thnx Monika
> 
> Well, i m still confused
> 
> ...


This would be the Employer Nomination Scheme (Subclass 186) - Employer Nomination Scheme (subclass 186)

There are 3 streams under this scheme - 

1. Direct Entry : If you have less than 2 years of experience working for your sponsor in Australia. You will require skill and English language certification.

2. Temporary Residence Transition : If you have worked for your sponsor for at least 2 years in Australia. You will be exempted from skill and English language certifications.

3. Agreement: Not really sure how this works. I hear it's relevant for the mining sector and other tailored labour agreements.

Of course, for any of these, your employer has to agree to sponsor you for Permanent Residence first. Secondly, you need to apply for a PR under the same ANZSCO code under which you landed on your 457.


----------



## ILY (Jan 14, 2015)

Hi Espresso

I have more or less similar situation, need your guidance.

I have Nomination received from NSW SS recently for 190 PR. I have yet to Lodge my 190 Visa Application in Skill Select.

At the same time, I have a job offer with 457 sponsorship from the same state NSW.

*What should I do, as I want to take the Job as well as the PR?*

*The employer may not wait for my 190 PR decision, If I opt for 457 does that will cancel my invitation for 190?
*

Thanks for your kind reply


----------



## NiksG (Oct 7, 2015)

Hi 

Had a query regarding WP vs PR
I got 457 (Long Term Work Permit) grant today through my company. Nominated occupation was 135112 (ICT Project Manager)

I'll be filing PR (189) tomorrow under occupation code 261313( Software Engineer)

Do you think there is going to be some issue due to the different nominated occupation ??
Any threads or example on this would really help

Thx in advance


----------

