# 457 as pathway to permanent residency??



## ausvet (Apr 5, 2009)

Hi there, can anyone help with my question. I am looking to permanently relocate to Oz and applied for a non csl/non Modl 175 visa last May. Due to 3yr wait etc I have been looking for a job offering sponsorship to speed things up. I have just been offered a job with sponsorship but they have said specifically on a 457 visa. Does anyone know why they would want to do this as opposed to a permanent sponsored visa? Is this more straight forward? And most importantly, once I've been in Oz for 2yrs on this 457 visa can I apply for permanent residency??


----------



## amaslam (Sep 25, 2008)

A 457 processes quicker than a PR visa and also ties you to the company (if you lose your job you would need to leave AU). In 2 yrs you can apply for a PR if you are seeking employer sponsorship or apply for a independent PR the day you arrive in AU as well (a regular 175/176). 



ausvet said:


> Hi there, can anyone help with my question. I am looking to permanently relocate to Oz and applied for a non csl/non Modl 175 visa last May. Due to 3yr wait etc I have been looking for a job offering sponsorship to speed things up. I have just been offered a job with sponsorship but they have said specifically on a 457 visa. Does anyone know why they would want to do this as opposed to a permanent sponsored visa? Is this more straight forward? And most importantly, once I've been in Oz for 2yrs on this 457 visa can I apply for permanent residency??


----------



## ausvet (Apr 5, 2009)

How long is the ENS visa processing time compared to a 457? If on a 457 visa and you wait 2 yrs what do you then apply for? An ENS? Are you not still tied to that job with this ENS visa? Thankss for your help


----------



## amaslam (Sep 25, 2008)

ENS does take a few months and has a more extensive medical, 457 can be done within a few weeks. The visa to apply for after a PR is a 856 after the two year wait. Once you have an ENS you are not tied to the employer (although if you leave shortly after getting an ENS many employers ask you to pay the visa processing expenses of the ENS they incurred, it's usually spelled out when you ask for an ENS).



ausvet said:


> How long is the ENS visa processing time compared to a 457? If on a 457 visa and you wait 2 yrs what do you then apply for? An ENS? Are you not still tied to that job with this ENS visa? Thankss for your help


----------



## traceymac (Jul 19, 2009)

ive just come over on a 457 visa in january. my employer has told me that after six months they will apply for employer sponsered pr if all goes well. so you dont have to wait two years before applying...........................................


----------



## amaslam (Sep 25, 2008)

Hi Tracey:

I think you have to be assessed for skill if applying before (2) yrs. The (2) yr wait is one of the (3) possible requirements:

From the Immi page:
Employer Nomination Scheme (Subclass 121/856)


_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 highly paid senior executive position with a salary of more than $165 000 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)._



traceymac said:


> ive just come over on a 457 visa in january. my employer has told me that after six months they will apply for employer sponsered pr if all goes well. so you dont have to wait two years before applying...........................................


----------



## ausvet (Apr 5, 2009)

I am a vet and have lodged all my skills assessments already. So if I go on a 457, then they could sponsor me pretty much straight away for a on shore ENS? The down side to doing it that way is that I could do it fee free if off shore?


----------



## amaslam (Sep 25, 2008)

I don't think anything with Immi is fee free, yes they could sponsor you right away, it means another round of fees and docs collection.

Main difference between an 856 done immediately and a 175 independent PR visa is that you can do an 856 onshore and continue working while it is processing. Otherwise the docs are the same.

The 856 becomes more appealing after 2 yrs of working because you can skip the skills assessment (usually the most difficult part of any Immi application).



ausvet said:


> I am a vet and have lodged all my skills assessments already. So if I go on a 457, then they could sponsor me pretty much straight away for a on shore ENS? The down side to doing it that way is that I could do it fee free if off shore?


----------



## ausvet (Apr 5, 2009)

amaslam said:


> I don't think anything with Immi is fee free, yes they could sponsor you right away, it means another round of fees and docs collection.
> 
> Main difference between an 856 done immediately and a 175 independent PR visa is that you can do an 856 onshore and continue working while it is processing. Otherwise the docs are the same.
> 
> The 856 becomes more appealing after 2 yrs of working because you can skip the skills assessment (usually the most difficult part of any Immi application).


Someone has suggested that I go on a 457 visa and then once there, my employer can sponsor me for an offshore ENS visa. This would mean that I can transfer my existing 175 visa fee free as stated my the immi dept. I would just have to nip over to NZ to get the visa stamp? What do you think?


----------



## amaslam (Sep 25, 2008)

Sorry, you won't get your 175 fee back. It would be a new fee as you would be withdrawing your 175 and apply for an 856. For an 856 you do not have to nip over to anywhere as once it is granted you can get your visa sticker in AU in any DIAC office. 

If you have a solid job offer this would place at Priority level one for processing your 175, and as a 175 you would not be tied to the employer and be eligible for all the standard AU benefits (Medicare, Centrelink).

If the 175 is already in processing you can ask Immi what docs they need to show you have a solid job offer and get to priority processing. I can't see a 457 + 856 being faster than completing your already in-process 175.



ausvet said:


> Someone has suggested that I go on a 457 visa and then once there, my employer can sponsor me for an offshore ENS visa. This would mean that I can transfer my existing 175 visa fee free as stated my the immi dept. I would just have to nip over to NZ to get the visa stamp? What do you think?


----------



## ausvet (Apr 5, 2009)

I'm not sure that I have made myself clear. I am currently Non MODL/non csl 175. This puts by visa to the bottom of the pile with an estimated wait of 3 yrs, however, I understand that I can transfer this app fee free to an off shore 121 ENS visa. This can be done even if I were in Aus on a 457 visa, but I would have to leave in order to to get the stamp. 457 takes a few weeks, ENS takes a few months. I do not have to wait 2yrs etc as I have skills already assessed as part of my 175 visa. Theoretically I could have PR on a 121 in less than 6mths cf 3yrs on my 175 alone. If I went on a 457 and then got an on shore ENS (856) then I would have to pay again. But this is not necessary. You agree?


----------



## amaslam (Sep 25, 2008)

Did you get this info from Immi (case officer or migration agent)?

I agree it makes sense to do that, but does Immi actually do that?

I have heard that anytime you change visas you need to withdraw your original application (and lose the fee). There is only one case where I know you convert and that's if you are changing from a 175 to a 176 visa.



ausvet said:


> I'm not sure that I have made myself clear. I am currently Non MODL/non csl 175. This puts by visa to the bottom of the pile with an estimated wait of 3 yrs, however, I understand that I can transfer this app fee free to an off shore 121 ENS visa. This can be done even if I were in Aus on a 457 visa, but I would have to leave in order to to get the stamp. 457 takes a few weeks, ENS takes a few months. I do not have to wait 2yrs etc as I have skills already assessed as part of my 175 visa. Theoretically I could have PR on a 121 in less than 6mths cf 3yrs on my 175 alone. If I went on a 457 and then got an on shore ENS (856) then I would have to pay again. But this is not necessary. You agree?


----------



## Alan Collett (Feb 13, 2008)

Ausvet - you are on the right track regarding the fee free strategy.

See here for confirmation: Employer Nomination Scheme (Subclass 121/856)

Is there any reason why the employer won't help facilitate permanent residency under the ENS now? It means the employer's 457 obligations wouldn't arise:
Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)

Given a choice between these obligations and no obligations ... well it's a no brainer in my view.

Best regards.


----------



## Alan Collett (Feb 13, 2008)

PS. ENS applications lodged in certain DIAC offices can move quickly - Melbourne for example, where we have seen nominations and visa applications assessed in under 2 weeks. Other offices though are less timely with their processing.


----------



## ausvet (Apr 5, 2009)

It is simply a question of time re ENS/121 or 457 as a means to get there. They need me in 12 wks and whilst I can be confident of achieving this with a 457, I'm nervous I won't get the ENS back intime. I haven't done my medicals or police check for me or my partner and they haven't nominated the position yet. It's also Sydney which is slower? As I type that I think def get there on the 457 and then apply for the off shore ENS visa there. But obviously I would prefer the PR from the start. What do you think. Do you think I should hold out and hope a 121 would come through?? This is one of the most frustrating things ever!


----------



## C h r i s (Sep 27, 2009)

amaslam said:


> Sorry, you won't get your 175 fee back. It would be a new fee as you would be withdrawing your 175 and apply for an 856. For an 856 you do not have to nip over to anywhere as once it is granted you can get your visa sticker in AU in any DIAC office.
> 
> If you have a solid job offer this would place at Priority level one for processing your 175, and as a 175 you would not be tied to the employer and be eligible for all the standard AU benefits (Medicare, Centrelink).
> 
> If the 175 is already in processing you can ask Immi what docs they need to show you have a solid job offer and get to priority processing. I can't see a 457 + 856 being faster than completing your already in-process 175.


Hi, i am in the process of shifting my life to oz at the moment and i also have a migration agent who tells me that my 175 lodgement fee is transferable to an ENS visa and that if i were in oz on a 457 and was granted a PR visa i would need to leave oz (say to new zealand for a break) and then return to oz and get my stamp at immigration. I have jumped through every hoop possible to prove myself IE had my qualifications transfered over to AQF, had a posotive TRA assesment, scored an overall 8 in an IELTS test (even though i am a Brit all my life), payed lots of money, been waiting for over a year and have only just lodged my application and now im told it could be a 3 year wait!!! I visited Queensland in November and had a few interviews so fingers crossed i get me an ENS. Oh i am a Diesel Fitter by the way.


----------



## ausvet (Apr 5, 2009)

I think we're in pretty much exactly the same boat. Good luck mate!


----------



## Alan Collett (Feb 13, 2008)

Why not lodge a 457 and an ENS application at the same time? 

In so doing you have some comfort that the employer is genuine in the intention to help facilitate a permanent residency visa ...

If the ENS visa comes through before the 457 you can then simply withdraw the 457 application.

Note also the LAFHA salary packaging opportunity which exists on a 457 visa.

Best regards.


----------



## diamond.claire (Feb 13, 2010)

ausvet said:


> Hi there, can anyone help with my question. I am looking to permanently relocate to Oz and applied for a non csl/non Modl 175 visa last May. Due to 3yr wait etc I have been looking for a job offering sponsorship to speed things up. I have just been offered a job with sponsorship but they have said specifically on a 457 visa. Does anyone know why they would want to do this as opposed to a permanent sponsored visa? Is this more straight forward? And most importantly, once I've been in Oz for 2yrs on this 457 visa can I apply for permanent residency??


Hi there, unfortunately i cannot answer your question but would like to know how you went about getting sponsorship? I myself am trying to move the Australia but finding it difficult, i miss out on the points system by 5 points so not too sure where to go from here, would be grateful for any help or advise you can offer. Thanx


----------



## C h r i s (Sep 27, 2009)

diamond.claire said:


> Hi there, unfortunately i cannot answer your question but would like to know how you went about getting sponsorship? I myself am trying to move the Australia but finding it difficult, i miss out on the points system by 5 points so not too sure where to go from here, would be grateful for any help or advise you can offer. Thanx


Maybe sit an IELTs test to gain an extra 25 points, swat up mind you! you can buy revision books for it, you have to achieve at least 7 out of 9 in all 4 areas, i sat one last year and managed an 8.


----------



## mutsugo (Sep 18, 2012)

Hi! I just came across your post. 

It has been a while since you posted this thread but did you get a PR in Aus yet? I am interested because I have been practicing vet med for a few years and thinking about moving to Aus as a vet. maybe applying for work visa first and PR later. 

I have heard it is getting harder to get a PR as a vet in Aus??? Not easy to get a work visa or job offer?

Thanks!


----------



## SetMeFree:) (Feb 27, 2015)

After my experience with 457 (and many others I know) i would strongly recommend to avoid this visa as much as possible! Unless the company is extremely serious they will take advantage of you!
I just applied for pr, but I had a terrible experience!
Your visa (and subsequently your life ) depend on your employer!


----------



## zooter80 (Jul 14, 2012)

SetMeFree:) said:


> After my experience with 457 (and many others I know) i would strongly recommend to avoid this visa as much as possible! Unless the company is extremely serious they will take advantage of you!
> I just applied for pr, but I had a terrible experience!
> Your visa (and subsequently your life ) depend on your employer!


I second this!


----------

