[Alex76]

Hello,

I am going to ask in this forum cause I cannot have any good answer from the immigration department...

So I want to apply for PR as soon as possible, and I've been working and living in Australia for 4 years. Actually I have done 1 year in my new company, but before that I've not been working for few months, as my 457 visa expired.

The Immigration Department says that 'On the time of the application I must have been working at least 2 years in Australia and the last year in the same company'

So my problem is this gap of few months that I have not been working.

Now I am again on a new 457, so I was wondering if anyone knows or has got the same problem applying for a PR.

Kind Regards,
Alex

 

[amaslam]

Hi Alex:

I think you will need to work for 1 year with the new company on your 457, then you can go for PR (usually as a 856). If you are going without employer sponsorship you can apply for a 175/176 at any time.

Good luck

Hello,

I am going to ask in this forum cause I cannot have any good answer from the immigration department...

So I want to apply for PR as soon as possible, and I've been working and living in Australia for 4 years. Actually I have done 1 year in my new company, but before that I've not been working for few months, as my 457 visa expired.

The Immigration Department says that 'On the time of the application I must have been working at least 2 years in Australia and the last year in the same company'

So my problem is this gap of few months that I have not been working.

Now I am again on a new 457, so I was wondering if anyone knows or has got the same problem applying for a PR.

Kind Regards,
Alex

 

[Alex76]

Yeah that's my feeling about it...

Btw there should be a valid reason for that. By reading the booklet 5 they wrote that I need to have been working 'at least 2 years'.

They don't specify that these years must be consecutive or not.

So that's why I am a bit confused, cause I would like to apply but they cannot tell me if I am elegible or not.

Btw thanks for your reply dude

 

[amaslam]

The 2 years portion should be while you had a 457 and should cover any period that makes up 2 years of work experience.

The main waiting period for you is the 12 months previously. Since you had the gap you have to start counting the 12 months from the start of your new job.

You can certainly get the forms and find out how to do the Police Checks for your country, as soon as 12 months hits you can ask your employer to sponsor you and then send in the forms at that time.

Yeah that's my feeling about it...

Btw there should be a valid reason for that. By reading the booklet 5 they wrote that I need to have been working 'at least 2 years'.

They don't specify that these years must be consecutive or not.

So that's why I am a bit confused, cause I would like to apply but they cannot tell me if I am elegible or not.

Btw thanks for your reply dude

 

[Alex76]

The 2 years portion should be while you had a 457 and should cover any period that makes up 2 years of work experience.

The main waiting period for you is the 12 months previously. Since you had the gap you have to start counting the 12 months from the start of your new job.

You can certainly get the forms and find out how to do the Police Checks for your country, as soon as 12 months hits you can ask your employer to sponsor you and then send in the forms at that time.

Hey man, thanks for your reply!
Actually I already have archived 12 months in the new company, and that's why I was wondering if I can apply now straigh away.
They are not clear about this point.... so I think that actually it's a good idea to start in collecting all the documents by now.
In the meantime I was looking into it and find someone elses that has got the same problem as me. But I guess is not a common thing.

Thanks anyway,
Alex.

 

[amaslam]

Hi Alex:

I think yes you can at this point, 12 months on a 457 + 2 yrs experience on a 457 looks to be met. It is uncommon as the majority of people apply for ENS (employer sponsorship) on their first 457 so never have the situation you are in now.

You can certainly seek the advice of a migration agent in case there is any hurdle that I have not foreseen.

Good luck

Hey man, thanks for your reply!
Actually I already have archived 12 months in the new company, and that's why I was wondering if I can apply now straigh away.
They are not clear about this point.... so I think that actually it's a good idea to start in collecting all the documents by now.
In the meantime I was looking into it and find someone elses that has got the same problem as me. But I guess is not a common thing.

Thanks anyway,
Alex.