186 / 187 Skilled Select (Permanent Nominated)

Doc

Hey everyone just wondering if anyone else has applied for the new Employer Nomination Scheme visas through Skill Select? If so how it is progressing? Or if you have already received it how long did it take? Was there any hiccups? Have you any advice etc.?

I have been working for my company here in Australia for about 3 years now, a little over 2 of those years I have been on a sponsored temporary residence 457 visa. I asked my company if they would sponsor me for permanent residence and they said yes.

They submitted the nomination under the old scheme (121/846 visas) just and the nomination was approved a couple of days before the deadline for the old visa system was to expire on July 1st .

(I rushed my first visa application and ended up making a mistake and applying for the wrong type of visa this resulted in me eventually having to withdraw my application and start again under the new system.)

As nominations are valid for 6 months from the time they are approved I could still apply under the same nomination.

On the 24th of August I applied for The Employer Nominated Scheme subclass 186 visa through their online application which was really easy.

I scanned in the following supporting documents and attached them to the application:

Passport Identification page
Birth Certificate
Garda Certificate
Degree
Australian National Police Certificate

On the 6th of September I received an e-mail with two letters attached one was Acknowledgement of valid application for a Employer Nomination (class EN) visa, the other was a Visa Application Summary.

The letters told me that “We have begun to process your application. This letter confirms that your payment has been receipted and your application has been assessed as a valid application. A receipt for this payment is attached to this letter.”

It also told me that a bridging visa A had been granted and that “Your application has not yet been allocated to a case officer.”

The department say that the visa could take between 5 -7 months to process but I have heard that some people are getting them in about 50 days which I hope is more accurate. Anyone got one yet?

As I am only at day 21 I have some time left to wait for it anyway.
I will update this when I hear anything!


(On a side note I was notified yesterday that I would be getting back my fee for the first visa application! Happy days!)

Mellor

I'm currently looking at this visa myself. I just want a bit more security than the 457.
The reason I'm looking at ENS over independent is because I'm in a tricky spot with skills assessment, I'm not sure if the assessing authority for my occupation will recognise my degree (its complicated). But under the ENS I can either bypass the skill assessment next year, or choose a similar occupation that's on the CSOL but not the SOL that I think I will be approved for easier.

Doc wrote: »

They submitted the nomination under the old scheme (121/846 visas) just and the nomination was approved a couple of days before the deadline for the old visa system was to expire on July 1st .

(I rushed my first visa application and ended up making a mistake and applying for the wrong type of visa this resulted in me eventually having to withdraw my application and start again under the new system.)

It's too late for you now, but I believe you could of lodged the nomination application and the visa application together.

It also told me that a bridging visa A had been granted and that “Your application has not yet been allocated to a case officer.”

What happens if it's refused? Do you revert to the 457?

Doc

Mellor wrote: »

I'm currently looking at this visa myself. I just want a bit more security than the 457.
The reason I'm looking at ENS over independent is because I'm in a tricky spot with skills assessment, I'm not sure if the assessing authority for my occupation will recognise my degree (its complicated). But under the ENS I can either bypass the skill assessment next year, or choose a similar occupation that's on the CSOL but not the SOL that I think I will be approved for easier.

Its a good one to go for if you have the 2 years alright It seems to be that they are making it very easy for people with jobs already secured here. But if your in a company that you don't want to stay in a year is a very long time...

Mellor wrote: »

It's too late for you now, but I believe you could of lodged the nomination application and the visa application together.

I know but I didn't have the Garda or Australian police certificates at the time so I waited. I made a royal F up of it but thank God I am getting the money back for it now.

Mellor wrote: »

What happens if it's refused? Do you revert to the 457?

As far as I know the bridging visa is grated even if you have loads of time left on your current 457 visa and only comes into affect when / if your 457 runs out during the processing of your new application. For instance if you only had 2 months left on your 457 and made an application for the 186 which they say takes 5 months, the bridging visa would come into affect once your 457 expires. If your application is unsuccessful your bridging visa will still be in effect for 28 days after the decision is made to allow you time to make another application or leave. If your application is refused and your 457 is still valid then you stay on your 457.

Mellor

Doc wrote: »

Its a good one to go for if you have the 2 years alright It seems to be that they are making it very easy for people with jobs already secured here. But if your in a company that you don't want to stay in a year is a very long time...

I'm in the company, in the same role, for 2 years. But i'm only 15 months on a 457. The other 9 months was on a WHV and a bridging visa. The only difference is I'll have to do a skills assessment, I don't think it would be processed any faster.

I've no issue staying in the company for a year. I'm just not certain that my job is secure. We're a small company and work has been slow. My industry is exceptionally volatile.

As far as I know the bridging visa is grated even if you have loads of time left on your current 457 visa and only comes into affect when / if your 457 runs out during the processing of your new application. For instance if you only had 2 months left on your 457 and made an application for the 186 which they say takes 5 months, the bridging visa would come into affect once your 457 expires. If your application is unsuccessful your bridging visa will still be in effect for 28 days after the decision is made to allow you time to make another application or leave. If your application is refused and your 457 is still valid then you stay on your 457.

I get that in relation to 457 visa expiring.
I'm just thinking, what if I lodge a ENS application - granted a Bridging visa. What happens if my 457 status goes? Say if the company slows down and I'm let go. Can the ENS still be granted?

Or would it be possible for the company to keep me on until the ENS is granted?

Doc

Mellor wrote: »

I get that in relation to 457 visa expiring.
I'm just thinking, what if I lodge a ENS application - granted a Bridging visa. What happens if my 457 status goes? Say if the company slows down and I'm let go. Can the ENS still be granted?

Or would it be possible for the company to keep me on until the ENS is granted?

No unfortunately not. But if the company keeps you on until the ENS is granted you should be fine. They have to intend to keep you on for 2 years after but if things change after the visa is grated then your visa is still valid.

Same for you you have to intend to stay for two years but once its granted...

Mellor

I figured as much due to the two year requirement for the position. I was just wondering if it was specifically covered in the rules.
On the other hand, the company may delay telling immi about the situation if the ENS is close.

statina

My nomination was approved 17th August, application submitted 24th August. I haven't heard anything since, not even an acknowledgement letter yet. It would be great to get it within the 50 days but I'm expecting it to be longer.

Looking at your checklist, I didn't scan my passport id page, as they had it anyway from the Nomination Stage. Do you think I need to send it again?

Doc

statina wrote: »

My nomination was approved 17th August, application submitted 24th August. I haven't heard anything since, not even an acknowledgement letter yet. It would be great to get it within the 50 days but I'm expecting it to be longer.

Looking at your checklist, I didn't scan my passport id page, as they had it anyway from the Nomination Stage. Do you think I need to send it again?

Hey Statina,

Did you submit your application online? Did you use an agent?
I would send the passport ID page if I were you. It will do you no harm to submit it again particularly if you have done an online submission which means you only have to attach the document and takes no time to do. If they have to go looking for it it from you at a later date it will just make things take a bit longer. Your better off giving them all the information you can as soon as you can so they can just work through it all and not need to contact you for further information. Having said that it probably wont make any difference.

It will be interesting to hear from you regarding any updates you get as we both seem to have submitted on the same date so should get the visas around the same time!

statina

I submitted the application online. I didnt use an agent (half wishing I did now!). Yeah I'll scan the passport pages in, I presumed (clearly wrongly!) they already would have had it from the nomination stage.

I wouldnt have the greatest patience in the world so Im finding this waiting game a headwrecker. I know Im in for a lengthy wait, yet cant seem to stop checking my emails daily for any news

Mellor

statina wrote: »

I submitted the application online. I didnt use an agent (half wishing I did now!). Yeah I'll scan the passport pages in, I presumed (clearly wrongly!) they already would have had it from the nomination stage.

The case officier for the nomination stage and the application stage aren't always the same person. So its best to include documents like that in both stage so there's a copy in each file

Doc

statina wrote: »

I wouldnt have the greatest patience in the world so Im finding this waiting game a headwrecker. I know Im in for a lengthy wait, yet cant seem to stop checking my emails daily for any news

I'm exactly the same way which is why I started the Thread

AusPR?

Hello all,

I will be 2 years sponsored with my company in early Nov 2012, so I will be applying for permanent residency then. I am just a bit confused about the requirement to stay 2 years with the company. Say if I received permanent residency after 4 months waiting, would it be possible for me to change employer the day after i receive the PR or would I put the PR at risk?

AusPR?

Hello All,

Does anyone have an idea of what an agent would charge? Would it be something like $2000, $4000 or $10,000?

hussey

AusPR? wrote: »

Hello all,

I will be 2 years sponsored with my company in early Nov 2012, so I will be applying for permanent residency then. I am just a bit confused about the requirement to stay 2 years with the company. Say if I received permanent residency after 4 months waiting, would it be possible for me to change employer the day after i receive the PR or would I put the PR at risk?

Yes perfectly fine to leave, once you receive it, it is yours.

Mellor

AusPR? wrote: »

Hello all,

I will be 2 years sponsored with my company in early Nov 2012, so I will be applying for permanent residency then. I am just a bit confused about the requirement to stay 2 years with the company. Say if I received permanent residency after 4 months waiting, would it be possible for me to change employer the day after i receive the PR or would I put the PR at risk?

There is no requirement to stay with the company any length of time. The two years is in relation to the role being suitable for nomination. It must be a permanent position of at least 2 years to qualify. But you don't have to stay.


Also, you don't need to be there two years before you can apply, that just means you can skip a skills assessment.

AusPR? wrote: »

Hello All,

Does anyone have an idea of what an agent would charge? Would it be something like $2000, $4000 or $10,000?

About $3000

statina

I submitted my passport pages, thanks for the advice. Still havent received an acknowledgement letter, my nomination was approved at the same time as 3 other girls in work- they all received their acknowledgement letter 3 weeks ago. Rang up immigration today to see if they had any idea why, got a prick on the phone who basically told me to piss off(after 40 minutes on hold :mad:) So just gonna have to bide my time.

Doc, have you applied for the Medicare card yet? The girls I work with got theirs based on their acknowledgement letter.

Doc

hussey wrote:

Yes perfectly fine to leave, once you receive it, it is yours.

Mellor wrote: »

There is no requirement to stay with the company any length of time. The two years is in relation to the role being suitable for nomination. It must be a permanent position of at least 2 years to qualify. But you don't have to stay.

This is not strictly true at the time of applying for the visa you must intend to stay for 2 years at the company which is nominating you. As you can see in this part of the application...



If you are granted the visa and the next day quit your job you are going to have a hard time proving that you intended to stay for 2 years in the job and if immigration find out about it they may see it as a fraudulent application and could revoke your visa. It is unlikely to happen but if you are blatant about it or your company is pissed of and reports you to immigration it could. If however you wait a bit and then leave the job or a situation arises that means you have to leave your job after the visa is granted it shouldn't be a problem. The main thing is that you can prove that you intended to stay with the company for 2 years at the time of the application.

Doc

statina wrote: »

I submitted my passport pages, thanks for the advice. Still havent received an acknowledgement letter, my nomination was approved at the same time as 3 other girls in work- they all received their acknowledgement letter 3 weeks ago. Rang up immigration today to see if they had any idea why, got a prick on the phone who basically told me to piss off(after 40 minutes on hold :mad:) So just gonna have to bide my time.

Doc, have you applied for the Medicare card yet? The girls I work with got theirs based on their acknowledgement letter.

No I haven't applied for the Medicare card I should do that actually thanks for reminding me!

I've had similar experience with ringing up all they say is it should take 5-6 months and that I would just have to wait to be contacted. Very frustrating.

Mellor

Doc wrote: »

This is not strictly true at the time of applying for the visa you must intend to stay for 2 years at the company which is nominating you. As you can see in this part of the application...

yeah, should of clarified that in my post.
There's no requirement to stay but the position needs to be available for at least two years, and you intend to stay for that time.

Obviously, you can change your intentions/plans in the future.

AusPR?

Hi all,

Regarding the part of the Application that the Employer must fill out, is this to be done by the employer online, or is it a written application that must be scanned and sent in to DIAC?

Mellor

AusPR? wrote: »

Hi all,

Regarding the part of the Application that the Employer must fill out, is this to be done by the employer online, or is it a written application that must be scanned and sent in to DIAC?

Either. It can be online or on paper (sent by post or in person). Most, if not all, applications give you that choice

statina

Received the acknowledgement letter today, 7 wks after applying. In the letter, it said the decision would be made within 5-7 months of the application been received. Our Irish and Oz police checks are up in January, anyone know if we'll have to get them redone or wil it be ok if they haven't looked at the application before then?

Doc

statina wrote: »

Received the acknowledgement letter today, 7 wks after applying. In the letter, it said the decision would be made within 5-7 months of the application been received. Our Irish and Oz police checks are up in January, anyone know if we'll have to get them redone or wil it be ok if they haven't looked at the application before then?

You shouldn't have to as long as they were valid at the time of application you should be fine.

Bear in mind that the 5-7 months is only a guide and each case is assessed separably so the time scale differs from person to person and it may not take as long as that.

Did your letter say if you had a visa application processing officer / case officer assigned? It should say on your VISA APPLICATION SUMMARY you would have got it with the acknowledgement letter. Mine said Your application has not yet been allocated to a case officer. If you have one allocated it could be quick.

I've had my acknowledgement letter since the 6th of September and not heard anything since on it.

But look on the bright side you have the bridging visa and the application is valid all you have to do is wait and you will be permanent! (This is what I keep telling myself but its not helping me either )

statina

No don't have a case officer yet. Yeah its just a matter of waiting now- I've taken the email alert off my phone so that's helped with not checking my e-mails daily!!

geogoann

Doc wrote: »

You shouldn't have to as long as they were valid at the time of application you should be fine.

Bear in mind that the 5-7 months is only a guide and each case is assessed separably so the time scale differs from person to person and it may not take as long as that.

Did your letter say if you had a visa application processing officer / case officer assigned? It should say on your VISA APPLICATION SUMMARY you would have got it with the acknowledgement letter. Mine said Your application has not yet been allocated to a case officer. If you have one allocated it could be quick.

I've had my acknowledgement letter since the 6th of September and not heard anything since on it.

But look on the bright side you have the bridging visa and the application is valid all you have to do is wait and you will be permanent! (This is what I keep telling myself but its not helping me either )

I applied for a DR 186 both Nomination and application on the 23 rd Aug.
I only got my acknowledgement last week(29/10/2012) - 10 weeks on.
I was told by my migration that the visa will not be processed for another 2 months.
has anyone has the same experience?

Aus457

Hey,

I have been on a 457 for 7 months now.

I am looking at applying for the 186. Should I get skills assessment & then ask employer to nominate me or how does it all work?? How does employer nominate - I can't see anything online.

eoindoyle_syd

Aus457 wrote: »

Hey,
I am looking at applying for the 186. Should I get skills assessment & then ask employer to nominate me or how does it all work?? How does employer nominate - I can't see anything online.

Looks like that's your best way.

1) Find the assessing authority for your occupation of your 457 on this form;
http://www.immi.gov.au/skilled/_pdf/sol-schedule1-2.pdf

2) Apply for skills assessment to relevant authority. It costs me about $700 but can vary I guess.

3) If approved, apply for visa online:
http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/

Most of the company info submitted under 457 will be needed again for 186. Sell it to your company by saying it removes their responsibility of having to pay for your flight home and removes their obligations.

I submitted my Nomination (under old system) in Feb and took 8mths to come through (its likely you would be quicker).

Good Luck

Aus457

eoindoyle_syd wrote: »

Looks like that's your best way.

1) Find the assessing authority for your occupation of your 457 on this form;
http://www.immi.gov.au/skilled/_pdf/sol-schedule1-2.pdf

2) Apply for skills assessment to relevant authority. It costs me about $700 but can vary I guess.

3) If approved, apply for visa online:
http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/

Most of the company info submitted under 457 will be needed again for 186. Sell it to your company by saying it removes their responsibility of having to pay for your flight home and removes their obligations.

I submitted my Nomination (under old system) in Feb and took 8mths to come through (its likely you would be quicker).

Good Luck

Thanks mate - much appreciated!

statina

Any update Doc?!

Doc

statina wrote: »

Any update Doc?!

Nope! No word yet and they wont even tell me if I have a case officer assigned. Very frustrated because a friend of mine offered me a job the week before last that would have been a $15,000 pay rise, but I couldn't take it as they needed someone with PR and mine hasn't come trough yet!

I just have to keep waiting...

statina

In a similar position, got offered a class job recently but obviously couldnt take it cos am waiting for this visa to come through!

After you get the visa, realistically how much time do you reckon you have to stay with your employer before you can quit so they dont accuse you of visa fraud!!