# 457 VISA TO PR over 45 Yrs old possible?



## Brockham (Feb 15, 2011)

My husband & I & kiddies looking to move to Australia on a 4 year 457 Sponsorship Visa and he is 43 years of age. I believe on a 457 Visa you have to wait 2 years before you can apply for PR? (ENS)Can anyone clarify if we will be able to apply for Permanant Residency on a 457 if he is over 45 Years of age and what will the requirements be? Will the company sponsoring us be able to get over this hurdle?

Any help is much appreciated.x


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## amaslam (Sep 25, 2008)

He can apply for PR when he is in AU before the age of 45. In July a new points system is coming out that will likely raise the age for PR and there is info about it on the main Immi page. 

The 2 yrs requirement is one of (3) possible requirements that can be met for an 856 PR Visa. Alternatively your husband could go for a skill assessment (the third condition below) and also meet the requirement.

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)
have been nominated to fill a position with a base salary of more than AUD250 000 per annum (excluding superannuation or allowances)
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).
Source page:
Employer Nomination Scheme (Subclass 121/856)



Brockham said:


> My husband & I & kiddies looking to move to Australia on a 4 year 457 Sponsorship Visa and he is 43 years of age. I believe on a 457 Visa you have to wait 2 years before you can apply for PR? (ENS)Can anyone clarify if we will be able to apply for Permanant Residency on a 457 if he is over 45 Years of age and what will the requirements be? Will the company sponsoring us be able to get over this hurdle?
> 
> Any help is much appreciated.x


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## Brockham (Feb 15, 2011)

THANKS FOR REPLYING- As my Husband will be just over 45 in 2 years time will he / company still be able to apply for PR/ENS under subclass 1) work for the employer for past 2 years even though he will be 46? Thanks


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## amaslam (Sep 25, 2008)

Under the current points system: No as they cut off at age 45.
In the new points system to be finalised around July 2011: Maybe but still an unknown as it isn't finaslised yet.

It is most sure to apply under the current rules as he would need to get assessed for skill like most PR applications but it would be faster if his company sponsored him.



Brockham said:


> THANKS FOR REPLYING- As my Husband will be just over 45 in 2 years time will he / company still be able to apply for PR/ENS under subclass 1) work for the employer for past 2 years even though he will be 46? Thanks


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## Brockham (Feb 15, 2011)

amaslam said:


> Under the current points system: No as they cut off at age 45.
> In the new points system to be finalised around July 2011: Maybe but still an unknown as it isn't finaslised yet.
> 
> It is most sure to apply under the current rules as he would need to get assessed for skill like most PR applications but it would be faster if his company sponsored him.


As company would sponsor him will the points system apply?


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## Brockham (Feb 15, 2011)

457 - PR 856 What happens is for certain checks (i.e. skills assessment) you can be exempt if you work in the sponsored occupation for two years on the 457- WHAT IF OVER 45YRS OLD?

Also will company who sponsoring us be able to apply for ENS after 6 months whilst working in country?

Reason why I ask all of this is that since the whole family (Husband , myself & 2 kids) will be moving out on a 457 working visa I would like to think that we could stay and not have to return home. Any advice is really appreciated. Thanks


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## amaslam (Sep 25, 2008)

For an 856 no, but the age limit still does.

All eligibility requirements are here:
Employer Nomination Scheme (Subclass 121/856)

If you were to apply without the company (175) then points system would apply.



Brockham said:


> As company would sponsor him will the points system apply?


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## amaslam (Sep 25, 2008)

Your company can apply for an 856 on your behalf at any time. Ideally it can even be timed to the week you enter AU. 

I know about the exemption because I also used it to go from 457 --> 856. But your big barrier right now is the age. You won't be eligible for a 856 once you turn 45. So you need to forget about the 2 yr work in country exemption and look at the third condition (the skills assessment). That way you can apply for an 856.

If you were doing a 175 the process and forms would be the same but they would not depend on the company. The big advantage of the 856 other than processing time (priority 1) is that you get it onshore (without leaving AU). A 175 I believe you need to leave AU to receive it and then return on it to become activated as a PR.



Brockham said:


> 457 - PR 856 What happens is for certain checks (i.e. skills assessment) you can be exempt if you work in the sponsored occupation for two years on the 457- WHAT IF OVER 45YRS OLD?
> 
> Also will company who sponsoring us be able to apply for ENS after 6 months whilst working in country?
> 
> Reason why I ask all of this is that since the whole family (Husband , myself & 2 kids) will be moving out on a 457 working visa I would like to think that we could stay and not have to return home. Any advice is really appreciated. Thanks


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## Brockham (Feb 15, 2011)

So as long as company apply 856 before he is 45 this should work?


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## amaslam (Sep 25, 2008)

Yes, and as long as you pass the skills assessment and other requirements (health and police checks).



Brockham said:


> So as long as company apply 856 before he is 45 this should work?


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## Brockham (Feb 15, 2011)

amaslam said:


> Yes, and as long as you pass the skills assessment and other requirements (health and police checks).


Sounds good now just need to secure that job and will then ask company to sponsor us on 856 visa after 6 months probation or before.

Many thanks for your help. This is a good site!


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