Zoya Khan Posted July 31, 2016 Share Posted July 31, 2016 Hello Everyone ! I'm wondering is there anyone who can help me to get some information regarding my query please . One of my friend applied Protection Visa Subclass 866 due to some circumstances and waiting for decision as application is still in progress, he got bridging E with working rights . He is chef & working in food industry since 4 years . His employer is willing to sponsor him by RSMS 187 Stream and told him to get the paper work ready in two week time . There are 2 questions i want to ask ; 1. Will he be able to get sponsorship by law if his application for protection visa is still under process? 2. Is there are conditions not to have any protection type visa if you are applying for RSMS Sponsorship? I'll be very thankful to you for providing me few of these answers ASP . Kind regards ZoyaKhan Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 31, 2016 Share Posted July 31, 2016 The protection visa application shouldn't be a barrier to him applying for a 187 visa, however it's quite possible that he can't apply while holding a BVE. I'd suggest he speak with a migration agent for a consultation before proceeding. Quote Link to comment Share on other sites More sharing options...
ricco56 Posted July 31, 2016 Share Posted July 31, 2016 (edited) In order to lodge a valid onshore application for a 187 RSMS visa the applicant must hold a substantive visa or a bridging visa A,B or C. The 866 Protection Visa is a permanent visa which provides all of the advantages of permanent residence including travel rights as long as the holder does not enter the country from which they originally sought protection (Condition 8559). If the 866 is granted you would have to consider why you would then go to the additional expense and complication of heading down the 187 track. Edited July 31, 2016 by ricco56 Quote Link to comment Share on other sites More sharing options...
Zoya Khan Posted July 31, 2016 Author Share Posted July 31, 2016 The protection visa application shouldn't be a barrier to him applying for a 187 visa, however it's quite possible that he can't apply while holding a BVE. I'd suggest he speak with a migration agent for a consultation before proceeding. Thanks for your feedback , do you recommend anyone in ACT ? Quote Link to comment Share on other sites More sharing options...
Zoya Khan Posted July 31, 2016 Author Share Posted July 31, 2016 In order to lodge a valid onshore application for a 187 RSMS visa the applicant must hold a substantive visa or a bridging visa A,B or C. The 866 Protection Visa is a permanent visa which provides all of the advantages of permanent residence including travel rights as long as the holder does not enter the country from which they originally sought protection (Condition 8559). If the 866 is granted you would have to consider why you would then go to the additional expense and complication of heading down the 187 track. His protection Visa application is in process it's not granted yet , he is working with that employer and why not to avail this golden opportunity ☺ Thanks for your feedback Quote Link to comment Share on other sites More sharing options...
ricco56 Posted July 31, 2016 Share Posted July 31, 2016 His protection Visa application is in process it's not granted yet , he is working with that employer and why not to avail this golden opportunity ☺ Thanks for your feedback He cannot proceed with an onshore 187 nomination/application until the 886 is granted. Once the 886 is granted he is free to continue to work for his current employer, or any other employer wherever he likes, and hence doesn't need the 187. If the 886 is refused he will need to go offshore and arrange for the 187 nomination/application from there as long as he meets eligibility requirements. Quote Link to comment Share on other sites More sharing options...
Zoya Khan Posted July 31, 2016 Author Share Posted July 31, 2016 He cannot proceed with an onshore 187 nomination/application until the 886 is granted. Once the 886 is granted he is free to continue to work for his current employer, or any other employer wherever he likes, and hence doesn't need the 187. If the 886 is refused he will need to go offshore and arrange for the 187 nomination/application from there as long as he meets eligibility requirements. Currently he's holding BVE with working rights , how he can change BVE to BVA or BVB ? Thanks for your feedback Again ☺ Quote Link to comment Share on other sites More sharing options...
Bungo Posted July 31, 2016 Share Posted July 31, 2016 Currently he's holding BVE with working rights , how he can change BVE to BVA or BVB ? Thanks for your feedback Again ☺ I am just about certain that this will not be possible. Quote Link to comment Share on other sites More sharing options...
Zoya Khan Posted July 31, 2016 Author Share Posted July 31, 2016 I am just about certain that this will not be possible. OhhK , That's to Sad and i was very hopeful to get few positive tips but at the end he can't make for RSMS until decision has been made for his 886 Visa application . Thanks ☺ Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted July 31, 2016 Share Posted July 31, 2016 Currently he's holding BVE with working rights , how he can change BVE to BVA or BVB ? Thanks for your feedback Again ☺ He can not. Quote Link to comment Share on other sites More sharing options...
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