# Can 457 Dependent Apply for PR while in Australia



## Indian_457_Dependent (May 17, 2009)

Hi All,

I need clarifications regarding applying for PR in Australia. My husband is in NSW on 457 Visa working for IT company. I'm currently in India and planning to join him in NSW by Oct 2009. My visa is 457 Dependent. 

My question to the group is: How can I apply for PR? (1) Can I apply for PR when I come to Australia in Oct'09 and continue to live here (on 457 dep.visa) till PR processing? (2) Do I have to be in India for applying PR and stay in India (away from my husband) for the full period of PR processing (inspite of having 457 dep. visa)? (3) Can i come to Australia on 457 dependent visa, after I apply PR in India and stay & work in Australia? 

Please suggest. My skills are on SOL list and preliminary tests show that I cross the minimum 120 points required.

Rgds
Indian


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## Wanderer (Jun 16, 2007)

Welcome to the forum I457D,

The 457 as you know is a temporary residency visa, usually for 4 years but it does have provision for eventually applying for a PR visa, either by waiting for two years and then you can apply for a provisionally PR visa [forget the number but read booklet #6 - a link in Sticky thread #6 ] and in still staying employed for another three years it may be, you can get PR.

That is a lengthy process and it has its potential problems for if at any stage during the 457 or while on the provisional visa you lose your job for any reason, you usually have only 28 days to find another sponsor or have to look at another visa or leave Australia.

I'd expect that if you have skills on the SOL and can get 120 points, you could look at applying for a 175 visa once here in Australia or alternately have a look at the 176 visa [getting a state nomination - shouldn't be a problem if you have a job and skill on SOL] and that will offer quicker processing and that way you will potentaially have your PR a lot quicker and then no problems with changing jobs or anything.

The only issue with doing that is a grant of a 175/176 can only occur when someone is outside of Australia and a recent case posted on this forum had indication that immi had contacted the person to say hey!, you need to leave Australia so we can do that - they gave them plenty of time to get organised, and the deal was supposedly to be when the person/people were ready to go they notified immi a week before that happened and I imagine that gave time for their visa file to be on right desk awaiting for approval stamp once they were outside of Australia.

You would not need to go all the way back to India and could decide on a short holiday to Bali, Singapore or New Zealand and once the 175/176 notice was given you would be entitled to return with PR status.
You as primary applicant could have your husband as a secondary applicant or have him as primary and you as secondary if he had sufficient points.


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## Indian_457_Dependent (May 17, 2009)

Dear Wanderer,

Thanks a lot for your reply. Couple of more clarifications I seek from the group and you --

So, there are two things -- Apply & Grant -- As per your reply I can apply for the 175 visa while being in Australia (in my case I'll be on 457 dep.Visa) but when the time of grant will come (probably in 1 to 1.5 years) then I have to go out of Australia in order to get it stamped on my passport? Is it the right inference?

Secondly, the link at immi.gov.au says that only 885, 886, 887, 487 & 485 are the visa types one can apply for while being in Australia i.e. onsite. Visa Options - Professionals and other Skilled Migrants - Workers - Visas & Immigration

I'm a little confused here. If 175 is not there on the above list, then how can I apply for that visa while being in Australia?

Please help with your comments.

Rgds
Indian


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## Indian_457_Dependent (May 17, 2009)

Dear Wanderer,

Thanks a lot for your reply. Couple of more clarifications I seek from the group and you --

So, there are two things -- Apply & Grant -- As per your reply I can apply for the 175 visa while being in Australia (in my case I'll be on 457 dep.Visa) but when the time of grant will come (probably in 1 to 1.5 years) then I have to go out of Australia in order to get it stamped on my passport? Is it the right inference?

Secondly, the link at immi.gov.au says that only 885, 886, 887, 487 & 485 are the visa types one can apply for while being in Australia i.e. onsite. Visa Options - Professionals and other Skilled Migrants - Workers - Visas & Immigration

I'm a little confused here. If 175 is not there on the above list, then how can I apply for that visa while being in Australia?

Please help with your comments.

Rgds Indian


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## Wanderer (Jun 16, 2007)

Yes, there's a subtle difference and I suppose immi do not show the 175/176 grouped with the onshore visas because they wish to keep the visa numbers grouped as to where you can apply and be granted them.

You'll note that there is nothing there that says you cannot apply for a 175/176 but it is the granting as I've said for which you would have to leave the country.

A 176 would likely be quicker and a lot quicker if your occupation is not on the CSL/MODL.


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## madhushri007 (May 19, 2009)

*hi.,dear..*

i realy like your services.. and i want to know about PR dipendent my hubby in aus for last 4 your and i m here in India. i tried to visiter but not sucacess. and now he will get his PR and want to put my file depend him .. so how much time will take for processes and fees?  and sad.. so pls give me advice and i want to go fast there, want to live with him.. we r seffering very much still 4 year. and we have different cast. so in India its call love marriage. and him side femily dont exept me . our marriage. so pls . give me best advice go for aus.


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## madhushri007 (May 19, 2009)

madhushri007 said:


> i realy like your services.. and i want to know about PR dipendent my hubby in aus for last 4 your and i m here in India. i tried to visiter but not sucacess. and now he will get his PR and want to put my file depend him .. so how much time will take for processes and fees?  and sad.. so pls give me advice and i want to go fast there, want to live with him.. we r seffering very much still 4 year. and we have different cast. so in India its call love marriage. and him side femily dont exept me . our marriage. so pls . give me best advice go for aus.


pls reply me fast..


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## Wanderer (Jun 16, 2007)

You just have to apply for a spouse visa - have a look at the family stream under immigration on immi site - all menu driven and plenty of recent threads you can look at.

Get all the documentation in order, use the checklist provided by immi and probably about six months to do.


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