Melbkitty Posted December 3, 2013 Share Posted December 3, 2013 Hi there I wondered if anybody could help me with a question whilst I am preparing my 186 application - my employer is submitting my nomination this week. I am currently on my second 457 visa which was approved on 1/3/13 - my first 457 visa expired on 20/2/13 and lasted for 2 years, and before this I worked for my employer for 6 months on the working holiday visa (all in the same position). So there was a gap 8 days when I was on a bridging visa (but still working) whilst waiting for my second 457 to be approved. Does anyone know if this will be an issue for immigration? I have worked continuosly, in the same sponsored position for 3.5 years - there is just an 8 day gap when I was not actually under the 457. For personal reasons I want to get my 186 application in ASAP and planned to submit with the nomination but I am really worried about it being refused, and losing the fee. I am also unable to afford a MA for advice so any feedback would be appreciated! Thanks Link to comment Share on other sites More sharing options...
Melbkitty Posted December 4, 2013 Author Share Posted December 4, 2013 Just bumping this up! Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2013 Share Posted December 4, 2013 What are you actually asking? If you have a positive skills assessment there will be no problem. Link to comment Share on other sites More sharing options...
Melbkitty Posted December 4, 2013 Author Share Posted December 4, 2013 Hi Blossom79 - I'm applying through the 457 transition stream so I haven't had a skills assessment. I have worked for my employer for 3.5 years on 2 x 457 visas, the last of which was granted in March 2013 - however there are 8 days in between when I was not technically on a 457 as I was waiting for it to be approved. So I wondered if I still met the '2 years 457 immediately before application' requirement. I'm just worried about losing my application fee & would hate to be refused on a technicality like this. Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2013 Share Posted December 4, 2013 Mmmmm, I would be worried too. I think this is one you need to consult a migration agent on as it isn't something I've seen asked before. Link to comment Share on other sites More sharing options...
Melbkitty Posted December 4, 2013 Author Share Posted December 4, 2013 I have asked one MA and he was not sure! I will try immigration although unsure how helpful that will be. I did find the following on the immigration website regarding eligibility criteria: Employment for the period of 2 years preceding the nomination The nominated person must have been employed and actively performing the duties of the nominated position for at least a period of 2 years in the period of 3 years, immediately preceding the nomination. Periods of absence on leave to which the nominee would be entitled under relevant employment provisions (such as annual leave, paid maternity leave, paid sick leave) is counted as time actually worked. The employment in the position must have been on a full-time basis (at least 35 hours per week), and undertaken in Australia. I definitely fulfil this - I was just waiting for my second 457 to be granted. I would really hope immigration would not refuse over this detail but I have read that the refusal rate is as high as 20% for 186s!! Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2013 Share Posted December 4, 2013 Immigration won't be able to help you. They get even basic stuff wrong! I do know it only counts if it is on a 457 visa. So anything on a whv, 485 etc doesn't count, so I would be a bit concerned. Try Go Matilda or George Lombard. Link to comment Share on other sites More sharing options...
Melbkitty Posted December 4, 2013 Author Share Posted December 4, 2013 It does say 2 of the last 3 years on a 457 which I have (infact I have 3 - 8 days) so I feel reassured by that. Unfortunately with a baby on the way I don't have another penny left to spend on visa business other than the fee and my medicals I am considering waiting for the nomination to be approved before submitting my application which will delay processing but at least I know I will have less chance of a refusal. Link to comment Share on other sites More sharing options...
Adam Grey Posted December 4, 2013 Share Posted December 4, 2013 The 2 year qualifying time does not have to be the same 457 visa and there is an allowance in the policy for time spent on a bridging visa between one 457 and another to count towards this time. You'll be fine as long as both 457 visas were in occupations within the same ANZSCO unit group as the occupation you'll be nominated for in the ENS application. Good luck Link to comment Share on other sites More sharing options...
Melbkitty Posted December 4, 2013 Author Share Posted December 4, 2013 Thank you Adam Gray!!! Ill be sleeping a lot better tonight (well I would if I didn't have baby feet in my bladder all night) - much appreciated The nomination is under the same code I've had the two sponsorships in xx Link to comment Share on other sites More sharing options...
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