186 / 187 Skilled Select (Permanent Nominated)

amybabes

Our 186 Visas were granted Tuesday (15th October) after lodging as decision ready through a migration agent in Sydney on the 28/06.

Best feeling in the world! Congrats everyone who's had theirs granted of late

Mellor

amybabes wrote: »

Our 186 Visas were granted Tuesday (15th October) after lodging as decision ready through a migration agent in Sydney on the 28/06.

Best feeling in the world! Congrats everyone who's had theirs granted of late

Congrats,


Thats' everyone except for me granted now.
Starting to worry there's a error on the system which means I haven't been assigned a CO.

amybabes

Don't worry Mellor, I was starting to a bit as other friends who applied the same week as us had gotten theirs granted. I emailed the migration agent Monday evening asking if there was any update, if a case officer had been appointed yet and she said no, then tuesday lunchtime the nomination and visas were both approved so was very quick.

Fingers crossed yours comes in soon

Mellor

Was asked to submit medicals yesterday. Assume that means the application has a case officer.
Logged on to check the nomination status, and no change. I might give them another ring.

Princess_N

I would assume that it's been assigned a case officer if they have requested your medicals. Shouldn't be long now, fingers crossed for you!

Mellor

Princess_N wrote: »

I would assume that it's been assigned a case officer if they have requested your medicals. Shouldn't be long now, fingers crossed for you!

The application has probably been assign to a case officer.
But the nomination might not have been. They are separate.
I know I should be optimistic and just go for the medicals, but I'm a bit reluctant to spend over $700 on medicals if the nomination could be refused nest week.

I tried to ring up and see if the nomination was assigned yet, but they couldn't/wouldn't tell me - which is strange as I was told previously. I'm the contact person for both.

Bungarra

Hello,

I'm looking for advice on the best route to take with my visa situation. I'm currently working as civil engineer in regional area on a 457 for over 2 years at this stage.
I definitely plan on staying until next June at least which will give me the 3 years work experience for skillselect if I was to apply offshore.
I think I want to leave Australia at this stage to try somewhere else but want to keep the option of coming back.

As far as I can see my options are:
SkillSelect - 189 or 190 (down the line if I decide to come back)
ENS 186
RSMS 187

I'm pretty sure my boss would probably still be willing to sponsor me for the 186/187 even though I've already told him I might leave next year.
If that's the case, is this my best option?

I have a fair bit of super tied up here at this stage also so I have to weigh up the consequences of not seeing that until I'm 60 (or relinquish my permanency) as well.
Am I right in saying i could get 60% of super back if I left on temporary residency and just start up a new super if I came back on 189/190 down the line?

Sorry for all the questions!:eek:

Mellor

Mellor wrote: »

Was asked to submit medicals yesterday. Assume that means the application has a case officer.
Logged on to check the nomination status, and no change. I might give them another ring.

Update:
Nomination was assigned a case officer last Friday. They requested a few extra docs (BAS, Asic, extra sick pay) on tues, provided on weds, approved on thursday. Went for medicals friday (today).

Chest and X-ray are labeled as complete already on the eVisa system.
So just waiting on blood test now. Whats the turnaround there? About a week or two

Mellor

Mellor wrote: »

Update:
Nomination was assigned a case officer last Friday. They requested a few extra docs (BAS, Asic, extra sick pay) on tues, provided on weds, approved on thursday. Went for medicals friday (today).

..Medicals results in on monday, Visa granted on tuesday.
Now off to watch the Cup :D:D:D:D

Princess_N

I was just coming on here to ask if you had any updates. I didn't get an email that you posted.

Congratulations Mellor!! What a relief its all over

On a 187 RSMS direct entry visa. Got it 23 months into working for my sponsor. The requirement is to spend 24 months with the employer - is this 2 year requirement from the date of visa grant or does it include all the time I spent with my employer up until now?

Visa requirements state: "remain employed in the nominated position in the regional area for at least two (2) years." and "Your visa may be cancelled if you do not make a genuine effort to comply with the above
mentioned obligations."

Mellor

[Deleted User] wrote: »

On a 187 RSMS direct entry visa. Got it 23 months into working for my sponsor. The requirement is to spend 24 months with the employer - is this 2 year requirement from the date of visa grant or does it include all the time I spent with my employer up until now?

Visa requirements state: "remain employed in the nominated position in the regional area for at least two (2) years." and "Your visa may be cancelled if you do not make a genuine effort to comply with the above
mentioned obligations."

Two yeas post visa grant.
The time before is irrelevant afaik.

However, I don't think the 2 year time requirement is as strict with 186/187 compared to say a 457.

Mellor

Mellor wrote: »

Two yeas post visa grant.
The time before is irrelevant afaik.

However, I don't think the 2 year time requirement is as strict with 186/187 compared to say a 457.

Is there a two year requirement for those who apply after two years?
Not sure I can last another 2 years with no social life in the middle of the bush 1,000k from the nearest town. 4 years without a social life?? eek

Any ideas on how I get a visa that gives me freedom while i already have a permanent residency visa?!?

http://www.australiaherewecome.com.au/australian-employer-visa-options/how-we-can-help-australian-employers/

The subclass 186 visa is unconditional and employees can cease employment once the visa is granted, provided they comply with the terms of their employment contract. With the subclass 187 visa, the employee is obliged to remain with the nominating employer for two years after the visa is granted

Seems like I should have waited a few more months and had no restrictions. Can I change it to a 186 I wonder or will it matter as I`ll have done 2 years in less than a month.

Edited to add - if it is even possible to change from 187 to 186 i`d need sponsorship again. Out of the question asking your employer to sponsor you again especially so you can jump ship. Let this be a lesson to other boardsies.

Lucifer-0

Hi.

I'm applying for a 189 visa.
You need job references for skillselect.
I'm having trouble getting these for 2 previous jobs. Anyone know how strict they are with these references?

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s137q.html

(ii) the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment;

The legal wording says from time you start work rather than time of visa grant. Ambiguous I think.

Mellor

[Deleted User] wrote: »

Is there a two year requirement for those who apply after two years?

Yes.

[Deleted User] wrote: »

Seems like I should have waited a few more months and had no restrictions.

It says provided you meet your employment contract. In order to qualify for a 186, it needs to be a two year position in the contract. It's not unrestricted, bit it's a bit grey I think.

[Deleted User] wrote: »

The legal wording says from time you start work rather than time of visa grant. Ambiguous I think.

Except it's a subsection of the previous, which makes reference to commencing the nominated position. So previous un nominated employment is irrelevant.

Bottom line you have to convince the department that you made some sort of effort to satisfy the terms.

Mellor

Mellor wrote: »

Yes.

It says provided you meet your employment contract. In order to qualify for a 186, it needs to be a two year position in the contract. It's not unrestricted, bit it's a bit grey I think.


Except it's a subsection of the previous, which makes reference to commencing the nominated position. So previous un nominated employment is irrelevant.

Bottom line you have to convince the department that you made some sort of effort to satisfy the terms.

So basically I should have asked to start on a 187 visa to begin with not a 457. By taking the 457 path first they squeeze another 2 years out of me in the outback. I`d hate to have spent 2 years in the middle of nowhere with no social life (at all) working towards permanent residency only to find I need to do another 2 years out here.

Let this be a lesson to others.

Mellor

Deleted User wrote: »

So basically I should have asked to start on a 187 visa to begin with not a 457. By taking the 457 path first they squeeze another 2 years out of me in the outback. I`d hate to have spent 2 years in the middle of nowhere with no social life (at all) working towards permanent residency only to find I need to do another 2 years out here.

Let this be a lesson to others.

If they were willing, you could have gone straight for the 187.
Going on a 457 first can be useful if you need to bypass skills assessment, but otherwise there's no benefit

Mellor

Mellor wrote: »

Except it's a subsection of the previous, which makes reference to commencing the nominated position. So previous un nominated employment is irrelevant.

Bottom line you have to convince the department that you made some sort of effort to satisfy the terms.

I can find nothing in the act that defines the "starting on the day the person commenced that employment".

http://www.comlaw.gov.au/Details/C2013C00458/Html/Volume_1#_Toc365010352

Mellor

[Deleted User] wrote: »

I can find nothing in the act that defines the "starting on the day the person commenced that employment".

http://www.comlaw.gov.au/Details/C2013C00458/Html/Volume_1#_Toc365010352

It's says nominated position.
Any work previous to the 187, regardless of being the same role, wasn't a nominated position.
What is the wording on the condition of grant?

I had a similar issue where I worked for a company in the same role for 6 months on a 417 and 3 months bridging visa before my 457 was granted. I still had to remain in the role 2 years on the 457 before I was eligible for transition stream to a 186.

coldpaw

Hi all,

Just about to take the plunge into ENS 186 with work...does anyone have any ideas on current processing times (Sydney).

I'm thinking to do it with a lawyer just to get it all done quicker.

Also is anyone clear on how the visa works post grant (all going well). Are you legally required to stay with your employer post grant, like the 457 or are you theoretically free to change employers/occupations etc. Just trying to see what the landscape is like before i take the plunge.

jackbhoy

Just filling out the tortuous paperwork for 186.
They ask for every county visited in last 10 years. Do they really care if you skip some or mismatch any dates?
I plan to fill it to best of ability but have a relatively new passport and had 50+ countries on old passport that will be hard to remember in themselves, let alone put accurate dates on entry around.

massdebater

jackbhoy wrote: »

Just filling out the tortuous paperwork for 186.
They ask for every county visited in last 10 years. Do they really care if you skip some or mismatch any dates?
I plan to fill it to best of ability but have a relatively new passport and had 50+ countries on old passport that will be hard to remember in themselves, let alone put accurate dates on entry around.

I phoned immi last year to ask this exact question because my passport was relatively new too. They told me to enter whatever countries are on my current passport with dates etc and to mention in the notes at the end that I have visited other countries (I just mentioned that I visited "the USA and several countries in Europe") but that I don't have dates (due to not having my old passport anymore) and that they can contact me if they want further information. They never looked for any further information and my visa got granted without any problems.

jackbhoy

massdebater wrote: »

I phoned immi last year to ask this exact question because my passport was relatively new too. They told me to enter whatever countries are on my current passport with dates etc and to mention in the notes at the end that I have visited other countries (I just mentioned that I visited "the USA and several countries in Europe") but that I don't have dates (due to not having my old passport anymore) and that they can contact me if they want further information. They never looked for any further information and my visa got granted without any problems.

Excellent, thanks! I assumed that might be case as it is pretty unreasonable to expect exact dates on every single trip.