July 1st Employer Sponsored PR Visa changes

[fourcorners]

I think my plans for getting PR this year may have just been screwed over! My employer agreed earlier this year to sponsor myself and my partner under the Regional Skilled Migration Scheme. Our visa agent told me earlier in the year that it may be worth waiting until July 1st to apply, as our application would get probably get processed more quickly. He gave me no hint that I would lose my eligibility for said visa.

 

Anyway, another of my colleagues who also asked to be sponsored has had an email saying she won't be eligible until she's worked for the company for 2 years. I've had a look on the immigration website and am under the impression that I will find myself in a similar situation. I have been with my employer for 10 months now under my spouse's 457 visa, so I don't see what options we have other than to wait until next October to apply. Which is irritating as we were considering buying a house and starting a family, both of which we wouldn't do without PR. So I'll be feeling like life is going to be 'on hold' for a while, unfortunately.

 

Originally I was under the impression that the changes on July 1st would make it easier for skilled professionals to get PR from a 457, not harder??

[blossom]

You can apply before two years IF you have a skills assessment. Why they would think it would be quicker I have no idea.

[nicolac34]

Thats very odd information you've gotten there!

 

Not going to help now, but if you'd applied for an RSMS visa before the 1 July changes there was no need for a skills assessment and no requirement to wait for 2 years. I got my RSMS processed in around 8 weeks, so I'm also not sure why they thought it would be processed quicker after 1 July.

 

I'd not up to speed on the changes for the RSMS - do you now need a skills assessment? I think there is also an advertising requirement (that they got rid of earlier in the year) which they've reintroduced.

 

Best read up on the Skill Select page or the WA Migration website http://www.migration.wa.gov.au/Pages/LivingInWesternAustralia.aspx

[GilraenH]

I think my plans for getting PR this year may have just been screwed over! My employer agreed earlier this year to sponsor myself and my partner under the Regional Skilled Migration Scheme. Our visa agent told me earlier in the year that it may be worth waiting until July 1st to apply, as our application would get probably get processed more quickly. He gave me no hint that I would lose my eligibility for said visa.

 

Anyway, another of my colleagues who also asked to be sponsored has had an email saying she won't be eligible until she's worked for the company for 2 years. I've had a look on the immigration website and am under the impression that I will find myself in a similar situation. I have been with my employer for 10 months now under my spouse's 457 visa, so I don't see what options we have other than to wait until next October to apply. Which is irritating as we were considering buying a house and starting a family, both of which we wouldn't do without PR. So I'll be feeling like life is going to be 'on hold' for a while, unfortunately.

 

Originally I was under the impression that the changes on July 1st would make it easier for skilled professionals to get PR from a 457, not harder??

 

This visa is for skilled workers from outside Australia or skilled temporary residents who live and work in regional Australia. It has three streams.

 

 

• The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years and their employer wants to offer them a permanent position.

 

 

• The Direct Entry stream is for people who have never, or only briefly, worked in the Australian labour market.

 

 

• The Agreements stream is for people sponsored by a employer through a labour or regional migration agreement.

 

The skills, qualifications and language requirements depend on whether you apply for the Temporary Residence Transition stream, the Direct Entry stream or the Agreement stream.

 

Temporary Residence Transition stream

 

 

 

• If you apply for the Temporary Residence Transition stream, your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

 

 

 

• You must have at least vocational English.

 

 

This stream is available only to people who hold a subclass 457 visa. People who hold other 400 series visas may qualify to apply for a permanent residence visa through the Direct Entry stream.

 

 

Direct Entry stream

 

 

If you apply for the Direct entry stream, you must:

 

 

 

• have qualification and skills relevant to your nominated occupation

 

 

• have your skills assessed by the relevant assessing authority if you are nominated as a tradesperson and obtained your qualifications outside Australia

 

 

• have competent English.

 

There is a good explanation here of the differences between post 1st July ENS/RSMS and pre 1st July.

 

Good luck. :biggrin:

[fourcorners]

It looks like I can't even go down the skills assessment route, as to go down that route you must NOT currently hold a 457 visa.

[surflen22]

Not so...

 

From DIAC website:

 

'Choose the Direct Entry stream if you have never, or only briefly, worked in the Australian labour market and have not held a subclass 457 visa for the last two years, or if you are applying directly from outside Australia.'

 

You've not had the 457 for 2 years so are eligible for this stream.

[RockDr]

It looks like I can't even go down the skills assessment route, as to go down that route you must NOT currently hold a 457 visa.

 

If you look at the link GilraenH posted, the skills assessment route is available to people who've held their 457 for less than 2 years.

[fourcorners]

"The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last two years or are applying directly from outside Australia."

 

I interpret that as meaning I must not have held a 457 visa within the last 2 years. I.e. if someone has held a 457 visa, it must have expired or been cancelled at least 2 years ago.

 

Also a pdf outlining the changes (http://www.immi.gov.au/skilled/skilled-workers/_pdf/perm-sponsored-reforms.pdf) says:

"Visa applicants applying through the Direct Entry stream will have an untested

relationship with their sponsor and limited familiarity with Australian working

conditions."

 

I don't think me working 10 months for my employers would class as untested. And I'm fairly familiar with Australian working conditions as I've lived here for over 2 years in total.

 

So you can see why I am confused and concerned.

[GilraenH]

"The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last two years or are applying directly from outside Australia."

 

I interpret that as meaning I must not have held a 457 visa within the last 2 years. I.e. if someone has held a 457 visa, it must have expired or been cancelled at least 2 years ago.

 

Also a pdf outlining the changes (http://www.immi.gov.au/skilled/skilled-workers/_pdf/perm-sponsored-reforms.pdf) says:

"Visa applicants applying through the Direct Entry stream will have an untested

relationship with their sponsor and limited familiarity with Australian working

conditions."

 

I don't think me working 10 months for my employers would class as untested. And I'm fairly familiar with Australian working conditions as I've lived here for over 2 years in total.

 

So you can see why I am confused and concerned.

 

I, and the other 2 posters, interpreted that to mean that because you haven't held the 457 for the full 2 years . :biggrin: Ask a MARA agent if you want to have it confirmed though either way?

 

The skills assessment is different for RSMS and ENS. It is up to the employer to nominate you for the visa, either way is my understanding?