# Subclass 457 Visa to Permanent Residency - Australia



## Rob20Z (Mar 21, 2011)

Hi there, 
I have a question that I would greatly appreciate any guidance or assistance with concerning the transition from a subclass 457 visa to PR in Australia.
I am currently employed in Australia & have been for nearly 24 months now by the same employer on a 457 visa. 
On broaching the subject of assistance with PR with my employer, they have informed me that they would prefer if I applied directly myself to gain PR in Australia and they have informed me that they will continue to honour their sponsorship 457 obligation for the final two years of the 457 visa.
This has left my family & I in limbo as we really wish to settle permanently in Oz as we have children in school here etc. 
*My question is are there any options open to us to apply for PR now from the subclass 457 visa. * off our back without the assistance of my employer, I'm employed as a Recruitment Consultant in Melbourne. 
Any information would be greatly appreciated. Thanks


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## teejay212 (Aug 20, 2010)

Have you approached your company and asked them to sponsor you - if it is the money aspect that is putting them off - offer to pay all costs as I can't understand why they wouldn't want to as it will be a lot easier for you if they sponsor you especially as they can after 2 years with them - otherwise if you go it yourself are you confident that you could pass the Skills Assessment which you wouldn't need to do if they did sponsor you !! TJ


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## espresso (Nov 2, 2012)

Hi Rob20Z, 

since your job code is on the schedule 2 of the Consolidated Sponsored Occupation List (CSOL) you'll need state/territory sponsorship to apply for PR now. Read up on the *190 visa subclass* and see if you can manage 60 points on the points test. 

The other option is the ENS (Employer Nomination Scheme) visa - you'll need your employer's cooperation, though. The visa fee is AUD3060 and as suggested by _teejay212_ you can offer to pay the costs. I'm not sure how much administration effort the lodgement entails for your employer, though. 

All the best, 
Monika


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## Bluegum2012 (Aug 31, 2012)

Rob20Z said:


> Hi there,
> I have a question that I would greatly appreciate any guidance or assistance with concerning the transition from a subclass 457 visa to PR in Australia.
> I am currently employed in Australia & have been for nearly 24 months now by the same employer on a 457 visa.
> On broaching the subject of assistance with PR with my employer, they have informed me that they would prefer if I applied directly myself to gain PR in Australia and they have informed me that they will continue to honour their sponsorship 457 obligation for the final two years of the 457 visa.
> ...


Hi Rob 20Z,

I'm also having the same trouble my employer don't want to sponsor for a PR and I guess no other state is sponsoring visa's 190/489 if you are with in Australia and working in a different state other than the one with whom you have filed your application . Moreover it looks the latest 457 visa rules( allowing 90 days to find a new 457 sponsor) even though implemented don't apply for the people who are already here. So to me it looks there is no other way except going back to our respective countries and try from there.


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## lck (Aug 5, 2013)

Hi

I'm new around here, so I apologize if this question was already answered somewhere else, I just couldn't find it. 

I would really appreciate if someone could help me with my question. I have already applied for the PR, what I wanted to know is, how long do I have to keep working for the same company after I get residency?

Thank you for your help


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## teejay212 (Aug 20, 2010)

lck,

Have you applied for PR through Company Sponsorship or doing it yourself and who is paying the fees - if you're company are sponsoring you and paying the fees then you will probably have to stay with them for 2 years for them to recoup the money they have paid for you. !! TJ


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## lck (Aug 5, 2013)

Hi TJ, thank you for your reply!

I did apply for the PR through my company's lawyer, but I paid for all the fees.
In this case do I also have to stay in the company for 2 years after getting the PR?

Once again, thanks!


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## teejay212 (Aug 20, 2010)

Hi lck,

Was anything discussed with the company lawyer when applying for your PR with regards to staying with the company after you get PR ? If nothing was written into company documents and you paid all the fees then I don't see how they can make you stay !! The ball is in your court !! TJ


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## Karol Nowak (Oct 17, 2012)

Kind of problem for your employer is that it is them who has to ensure Department of Immigration that they'll keep you for at least another 2 years after your sponsored permanent visa (ENS / RSMS) would be granted. You can leave them next day after your PR would be granted and they can do nothing with that. Maybe that's their worry here, and they prefer to keep you for another 2 years on 457 (you are bonded to them unless you'll find another 457 sponsor). What some employers are doing - signing a loyalty with an employee to keep him after PR would be granted. Whether this approach if lawful or not, that's the other story. 
Migration law is changing, so probably the best would be to ask a Migration Agent for advise how to convert your 457 to PR.


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