Question:
Myself, hubby and 3 daughters are going to Oz next month on my student
visa. There's a possibility that my husband may be sponsored for a job
as a truck driver once we have arrived.
My question is, can my husband go on to a 457 and the children too
leaving me on the student visa. We want to apply for PR when I have
completed my studies with my twin sister as our sponsor so I think I
should stay on the student visa so that I can then apply under onshore
student (882). The reason we would want the children on hubbys 457 visa
is then we would not have to pay overseas student school fees for them
(currently approx $17k for all 3 per year).
I am also not sure if hubby would be able to be sponsored for ENS PR
as his occupation is not on SOL, therefore I need to continue on the
study route.
Can anyone advise please?
Answer:
The short answer is that these questions are far too complex for an
online forum, and you'll likely need to hire a competent migration agent
for meaningful advice.
There's no obligation normally for family members to have the same visa,
but by the same token you need to be fully aware of the consequences.
Bear in mind that the 882 may well be replaced by a temporary visa by
the time you graduate.
Also look at RSMS as a visa option for your husband, if you are outside
the major cities.
Are you sure that the state government charges children of student visa
holders school fees, but not children of 457 holders?
Many thanks for your reply. I will of course seek professional advice as
and when the 457 situation arises.
Not sure RSMS will be an option as we have bought a house in Berwick
which is till classed as metrolpolitan Melbourne.
Children of 457 visa holders are not charged schools fees in Victoria,
but we do have to pay fees while I am on a student visa.
Eligibility for RSMS and regional 457 visa is based on where the job is,
not on where you live. If the job is going to be based in Melbourne
then it may not be easy to get a 457 anyway, unless DIMIA waive some of
the criteria. You'll need professional advice at the time. The same
would apply to see if an ENS waiver could be possible.
I presume you got FIRB approval to buy your house.
The job is being dealt with by a migration agent who has been recruiting
for regional truck drivers, but she seems to think that she can get a
job offer for hubby as the companies have depots in Eastern parts of
Melbourne. I am presuming that they are fairly confident that he would
get a 457 visa otherwise they would be wasting their time putting him
fwd for a job.(Here's hoping). If the job offer doesn't happen then he
will just stick to the 20 hours per week that he is allowed to work, as
this is what we have done our sums based on.
Yes, our application is with FIRB at the moment, should have a
decision soon.
