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jakc

856 Issue.

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My employer lodged for an 856 application about 3 months back.

Got the approval nomination letter through on the 16th May.

 

Since then, I have been compiling all the neccessary paperwork to submit the 2nd part of my application (employee side).

I have been delayed due to the police checks for Australia still not turning up.

 

Ive just spotted on IMMI site for 856 that things have been turned upside down once again:

 

If the nomination application is lodged first, the visa application must be lodged within six months of the nomination approval date. A nomination application lodged on or before 30 June 2012 will be assessed under the old provisions. Any new nomination or visa application lodged on or after 1 July 2012 will be assessed under the new provisions.

 

Which checklist should I now be using to do the second part of my applicaiton? I am confused on how to proceed.

 

Really appreciate any help.

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Guest myaccessaustralia

You can't actually apply for the subclass 856 visa anymore, it was replaced by the 186 visa on 1 July 2012. You apply for the 186 visa online: https://www.ecom.immi.gov.au/elp/app?login

 

The eligibility requirements have changed a bit. What eligibility pathway were you applying under? 2 years of employment with your sponsor? skills assessment? high salary?

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so, even though my employer nominated the position for an 856 before the 1st July, I can no longer apply for the 856?

 

Yes, been at current employer for 3yrs on a 457, 856 was recommended option for me to get residency.

I actually paid the employer fee for the first part.

 

Looks like I need to lodge a 186?

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What a shame you didn't put your papers in before 1st July, as when we went to immigration we had a problem with one of our medicals & they said as we had an approval letter ens we could put papers in & submitt the rest of our documents when we received them I was not aware of this I thought we needed to have everything 1st I do know that 856 visa has been replaced with new 186 visa I would give them a call to clarify this.

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Im just trying to work out if this is a bad thing or not.

Apart from the fact ive filled in a lot of paperwork and looks like I have to now apply online,

 

1. I am assuming my nomination letter is still valid

2. I am assuming as I have not lodged my 856, I have not lost out on any fees?

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Hi jake,

What a bummer! We was advised by our employer that we needed to get it all in as the 856 was no longer going to be available after 1st july,

Good luck with filling all the forms out again but before you do phone DIAC & explain the situation

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Guest myaccessaustralia

My understanding is that you can still use the approved nomination from the 856, even though you will now be applying for a 186 visa. But here is my BIG disclaimer. The new law was just realised on Sunday, I'm basing my advice on what I previously read. I haven't had a chance to read through all the material for the 186 visa, so I'm not 100% sure whether you can use the approved nomination from the 856. Sorry that I can't be more definite, I'll come back and reply to you once I'm gone through the new law

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Thanks myaccessaustralia.

I have asked the person that sent me the confirmation letter, but going on past responses, it can take a couple of weeks for her to respond, and usually with very short responses.

I will post back what i find, but would love to hear what you can find out.

 

Currently running through the online 186 application. It let me enter the nomination# so I will see how it goes.

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Guest myaccessaustralia

Hi there jack, before you take the below advice and run off with it, please note that this law is very new. Everyone in the profession is trying to wrap their heads around the new law, including myself. So if you want to be safe, I'd see an agent about your case - I'm not saying that you have to see an agent, people can get very touchy on forums when this suggestion comes up since it looks like I'm selling the profession - its just a suggestion

 

So basically the below extract from the new legislation indicates that you can use a nomination that was approved pre-1 July 2012 if you are applying under the direct entry stream (skills assessment or guaranteed annual salary of over $180,001 pathways). I couldn't find a similar cause in the Temporary Residence Transition stream (which is completing 2 years of employment with your 457 sponsor) so I'm going to have to assume that this option isn't available for applications under this stream. I'm sorry if this is getting really technical, but it is the law, and there isn't a straight forward way to explain this. I have highlighted in bold the relevant section - to put it simply, 'subregulation 5.19(2) as in force before 1 July 2012' to me means that you can use a nomination approved under the pre-1 July 2012 - I emphasis me because this is my reading of the legislation - another agent may have a different view - but despite all my disclaimers, I'm pretty confident that I'm right :)

 

186.233 - (1) The position to which the application relates is the position:

 

 

(a) nominated in an application for approval that seeks to meet the requirements of:

 

 

(i) subparagraph 5.19(4)(h)(i); or

 

 

(ii) subregulation 5.19(2) as in force before 1 July 2012; and

 

 

(b) in relation to which the declaration mentioned in paragraph 1114B(3)(d) of Schedule 1 was made in the application for the grant of the visa.

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Despite the fact thats not the response I was looking for, I really appreciate that response.

 

I couldn't find a similar cause in the Temporary Residence Transition stream (which is completing 2 years of employment with your 457 sponsor) so I'm going to have to assume that this option isn't available for applications under this stream.

 

If this the case, its very annoying. I actually had to fork out the fees for my employer to do the 856, and they had to spend a lot of man-hours getting the relevant material together to lodge the first part.

 

I have been trying to get in touch with the Paramatta office who sent the nomination letter through, but keep getting answer phone. Left them an email, but dont expect a response anytime soon.

 

I will update when I get through to them. Any other channels I should be going through?

 

**edit**

Just read your response a fifth time and realise that you believe that I might still be in luck. (not holding you to anything).

Ill let you know what I find out.

 

I have everything filled in on the eVisa site for my 186, and have inputted my approval number. Just weary on tapping in credit card until I get a definitive answer...

Edited by jakc

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Guest myaccessaustralia

i'm going to ask around at work tomorrow, a lot of old heads at my work with a lot more experience then me, they should know the answer - plus we're meant to be having a training session on fri so i'm pretty sure we'll cover this - so i'll keep you posted

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I found the following in the DIAC site: http://www.immi.gov.au/skilled/skilled-workers/_pdf/pes-faq.pdf

 

See the below quote from page 14. I would take this to understand your 856 nomanation will stand but you have to apply for visa 186, not visa 856 as this is no longer an option.

 

Transitional arrangements

1. If an employer lodges an employer nomination before 1 July 2012, what will B05

happen if the visa applicant lodges their visa application after the reforms are

introduced?

Employer nominations are valid for six months. After the reforms have been B913

implemented an ‘old’ nomination will continue to be valid.

Any visa application lodged after the reforms which is associated with an old B023

nomination will be considered against the new ENS or RSMS Direct Entry stream

requirements.

2. Will a visa application still be considered against the old ENS or RSMS B15

criteria if it is lodged after the reforms are introduced but the nomination was

lodged beforehand?

No. The current ENS, RSMS and Labour Agreement visa subclasses will be closed B3

to new primary applications for 1 July 2012.

If a nomination has been lodged that names the applicant as the nominee, the B23

applicant can still lodge a visa application in association with the nomination, but they

will have to meet the new ENS or RSMS Direct Entry criteria.


Arrived in Aus Feb 2010 on WHV - Vetassess docs received 13/3/2012 - Vetassess approved 11/5/2012 - 856 DRC Nom & Visa applied 29/6/2012 (just in time :wink:) Ack letter dated 29/6/2012. The wait begins.....

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your 856 nomanation will stand but you have to apply for visa 186, not visa 856

 

Thats exactly right - confirmed with IMMI over the phone.

 

Thanks everyone for the help.

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