457 to PR visa 856

[RPA]

Hi! I'm new to the forum and getting a lot of info regarding migration here in Australia. Could anyone please share a light about applying for 856 PR Visa with the following situation?

My company back in home country has an branch office here in Australia and gave me an assignment to work for a year in Australia. I arrived in Australia last Feb2008 in a Business short term Visa 456 (max 3 months stay) after this our Australian office renewed my visa to a 457 granted last June2008 with a max of 6 months stay and also with my family. Then they decided to get me as a full time employee here in Australia last year Jan2009 at the same time renewed my 457 visa for 4 years. Now, my company is willing to sponsored me for PR visa 856 and I'm opting for the qualification of 2yrs in 457 visa and 1 yr with the nominating company.My questions are:
1. Will the 457 visa granted last June2008 be counted in the 2yrs waiting peroid even during that time I was still based from my home country office and not in our Australia office?
2. Will the Certification of English Instruction from my College and High school where I attended my studies be enough for Vocational English Requirements?
3. We just found out that my wife is less than a month pregnant. We know that chest x-ray is required for medical but we are thinking of not doing it for the safety of our unborn baby. How would this affect us if we our going to apply now?

Thank you in advance in any ideas or opinions that you can share,

RPA

[Sheelagh Blanckenberg]

Dear RPA

Welcome to the forum.
In answer to your questions:

1. you must have worked full-time in Australia in the nominated occupation for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer).

2. this will depend if the documents clearly demonstrate verifiable evidence that you have this level of English competency skills.

3. a permanent visa will generally not be granted if x-rays are not completed as part of the medical examination required to meet the health criteria, unfortunately. So if you applied now, no decision would be made on your visa application until the x-ray is done. You choices are therefore to either wait til the baby is borne for your wife to have the x-ray or for her to undergo the x-ray while pregnant.

Having an x-ray within the first trimester of pregancy is considered high risk and not advisable. However, an x-ray taken after the first 3 months, using a lead shield protecting the foetus, is considered reasonably safe by some and many visa applicants take the chance.

Should you not wish to wait and instead go ahead with an x-ray after the first trimester I strongly advise you and your wife to discuss the potential risks with your doctor and radiologist and be comfortable with the decision.

Kind regards

Sheelagh

[mostaf854]

Hi Every one,

I have a question about subclass 856:

What do you need to provide as proof of 2 years employment under 457 visa? Is 457 visa label and payslip and a letter from your employer enough?

Do you have to provide tax info from ATO? Is there any one here who did not provide Tax Return and granted 856 visa?
Thanks

[Peter Ferguson]

Hi
Whilst DIAC will undoubtedly let you know if they require further evidence than visa label, payslips and employer letter, I think you will find that they are considered as more than adequate evidence of the employment.
Peter Ferguson
MARN 0320963