482 TSS to PR - Age too old?

[Ives03]

Hi All,

I hope you can help me here & I apologise if the question has been asked before; I've searched but couldn't find a similar post.

Background:

I have been offered a job via the TSS 482 visa route and so far the package looks good and I am keen to pursue this. However I need to make sure the route works out for myself and the family in the long term. 

Visa Issue:

In time, we would want to look to transfer to being PR but will I be eligible for this due to my age??  I am currently 42 and could be in Aus by autumn, so on my understanding of this we could be eligible for an Employer Nominated 186 visa after 3 years, I will therefore be 45 at this point. The relevant webpage on the homeaffairs website does state:

•      Usually, you must be under 45 years of age when you apply.
•      You are exempt from this criterion if any of the following applies to you:
•       as a subclass 457 or TSS visa holder, you have been working in the nominated occupation for the nominating employer for at least the last 3 years, and your earnings were    at least as  much as the Fair Work High Income Threshold for each year of that period

  From this, I therefore assume that I would be ok to apply for PR in 3 years age 45, but am I correct in this?

Thanks for your time,

GO.

 

[Raul Senise]

You need to meet the three year requirement and lodge the ENS application before you turn 45, otherwise you need to meet one of the age exemptions.

Whether you will meet the Fair Work High Income threshold exemption will depend on your salary package over the three years on the 482.

Considering the importance of this issue and it's long term ramifications, you may want to consider some professional advice.

[Marisawright]

I would take Raul's advice and engage an agent (maybe Raul himself?) because it sounds like you'd be sailing very close to the wind of you try to go this route.  

Even if you can manage to meet the criteria as they are now, there is absolutely NO guarantee the rules will still be the same in three years' time. 

In the time I've been on these forums, I've seen many members move to Australia on a temp contract (either 482 or the old 457), planning to apply for PR.  Then a few months before they're eligible to apply, the government changes the rules and suddenly they're no longer eligible.  They have no choice but to go back to the UK - and they find themselves back where they started, but financially worse off.  

The government has proved, over and over again, that it gives NO consideration to how their frequent changes affect existing visa holders or those waiting in queues, and I don't expect that will change.  If you don't want to risk disrupting your family, I wouldn't even consider a 482.  

If you can qualify for a permanent visa now, get it now before they change the rules again.  Though it's frightening to move to the other side of the world with no job, it's less risky and less disruptive than going on a temp visa and then finding you can't stay. 

Edited June 24, 2019 by Marisawright

[VERYSTORMY]

I donor recommend families for this visa. That is from someone that moved to Oz on its predecessor (457). It has many issues.

Most notably, it is temporary and it is important you fully understand that and go in the assumption you will be returning as a result. You can not rely (even if you currently qualify, which seems far from certain) on an employer sponsoring you down the line for PR. First, the rules can change preventing it. Second, employers change policy. I have been with more than one company that suddenly introduced a no sponsorship policy which resulted in staff being forced to leave Oz at the end of their temp visa. Third, employer sponsored PR visas have very high refusal rates. Lastly, if you were to lose your job for any reason, you also lose your visa. 

You also need to be aware of other issues such as that some states charge temp visa holders for the education of any children.

Partners can find it hard to get work as employers don't like staff whose ability to remain in Oz isn't in their own hands.

There are a number of others that affect everything from credit to even issues on returning to the UK. 

[MaggieMay24]

The age exemption only applies in a few limited situations so unless you fit into one of those, you'd need to be under 45 years old at the time you apply for the PR visa.  Whether you could apply earlier under the Direct Entry scheme is something you may want to look into.  As Raul said, getting some professional advice would be a good idea before you make a decision to proceed.