› be able to nominate an occupation on the Skilled Occupation List,
› have formal qualifications for the nominated occupation which have been assessed as suitable for migration purposes,
› be under 45 years old;
› pass the English test; and
› acquire either 120 points if the applicant or his spouse do not have family in Australia who are eligible to sponsor them or cannot get State Sponsorship OR
› 100 points if the applicant is eligible for State or Family Sponsorship.

Applicant does not have enough points or is 45 years old or older The second group of skilled visas requires a permanent full-time job offer from an Australian employer for at least three years (preferably longer).

To qualify for these visas applicants need to:

› be able to nominate an occupation on the Employer Nomination Scheme Occupation List,
› have formal qualifications for the nominated occupation which have been assessed as suitable for migration purposes and
› pass the English test.
› In the case of an employer sponsored visa the applicant may be older than 45 years and under certain circumstances may be granted a visa with lesser qualifications than usually required (eg a diploma rather than a degree) and lesser English than usually required

Question
Do I have to work in Australia for 2 years on a Subclass 457 visa before I can apply for a permanent visa?

Answer
The answer is generally “NO” providing you have formal qualifications to support your occupation such as a trade qualification or degree and you have enough points to qualify for either a skilled independent visa or a skilled family sponsored visa application. If this is the case you can apply at any time for a permanent visa application. If you are 10 or less points short on the required number of points needed for a permanent visa application you will get 10 points as soon as you have worked for one (1) year in Australia. However, if you do not have a formal qualification you can only apply for permanent residency under the current Australian Immigration Law if you have worked for two (2) years in an occupation in Australia. After the first two years on the Subclass 457 visa the applicant will require a further three (3) year sponsorship from an Australian employer to apply for a permanent residency visa.

Question
I have enough points to qualify for a permanent skilled visa or my employer has promised to assist me to apply for permanent residency. How soon after I arrived in Australia on a Subclass 457 visa can I apply for a permanent visa application?

Answer
You can apply for a permanent visa at any time (before or after arriving in Australia) if you are under 45 years old and have enough points to qualify for an Independent or family or State sponsored skilled visa. To apply for one of these visas you need a positive skills assessment from the appropriate Australian authority and a pass mark for the English test. If you require an employer sponsorship and have the necessary qualifications for your occupation it is advisable to approach your employer on this matter as soon as possible after working the period specified by your employment contract as the probatory period. In some cases an employer might specify at the time of employment a period they expect the applicant to work in Australia before which they will consider sponsoring the person on a permanent visa.

Question
Under which circumstances do I have to work in Australia BEFORE I can apply for a permanent visa?

Answer
There are generally two instances that require an applicant to work in Australia before they will qualify for a permanent skilled visa namely:

1. If the applicant is under 45 years old and short of 10 points or less to qualify for a permanent skilled visa application, working in Australia for 12 months will provide the applicant with an extra 10 points. As soon as the applicant has worked one year he/ she should apply for a permanent skilled visa.

2. If the applicant is 45 years old or older, or has more than 10 points less than the minimum points required to qualify for a skilled permanent visa application, the person will need a sponsorship from an Australian employer to file a permanent employer sponsored visa application. In my experience employers require their employees to work for at least approbatory period in accordance with their employer contract whilst on a temporary visa, before they will agree to a permanent employer sponsored visa.

Question
I am in Australia on a Subclass 457 visa and have applied for a permanent residency visa which has not been granted yet. Can I stay in Australia if my sponsor terminates my services before my permanent visa is granted?

Answer
In the case of a Subclass 457 visa the Department of Immigration will still cancel the temporary visa 28 days after being notified of the termination of services by the employer and the holder will still need to find another sponsor and file a new Subclass 457 visa if he/she wishes to stay in Australia until such time that the permanent visa is granted. The fact that the Subclass 457 visa has been cancelled does not have an adverse effect on the permanent visa application's processing.

Important notice: Readers should not rely on the contents of this article as legal advice and should consult a registered Australian Immigration Agent for personal and detailed advice on immigration matters. A list of Agents can be found at http://www.themara.com.au/

For more information on the 457visa see Your Legal rights as a Subclass 457 visa holder in view of retrenchment