Employer nominated 186 visa under wrong stream, help!

[kmd]

Hello, Im in need of any advice/guidance for what has become quite a complicated process from 457 visa to PR.

 

My partner has been on a 457 sponsored visa since July 2012. We only had the visa approved for two years and it will expire in two weeks. His employer agreed to nominate us for the 186 subclass employer nomination visa under the Temporary Residence Transition scheme. We were advised from the Dept of Immigration that it is "risky" but we would have to lodge both the nomination and our application on the last day that our 457 visa expires as we won't be eligible for it before. However we have since learnt that my partners employer has already put in the nomination 4 weeks ago without us knowing and received an acknowledgement and TRN number. Its my understanding and info from immigration that if we now apply for this visa it will be cancelled as they nominated us before the 2 years had been completed on the 457 visa.

 

Fortunately we have not started or paid any of our application, just gathered all our documents/evidence. Does anyone know if my partners employer could cancel this and do another nomination through the direct entry scheme? and if my partner needs a skills assessment (as required for direct entry) could this be completed after we put in the application as we are running out of time? Or any other ideas whatsoever?

 

Thank you for any advice/info.

[Raul Senise]

Hello, Im in need of any advice/guidance for what has become quite a complicated process from 457 visa to PR.

 

My partner has been on a 457 sponsored visa since July 2012. We only had the visa approved for two years and it will expire in two weeks. His employer agreed to nominate us for the 186 subclass employer nomination visa under the Temporary Residence Transition scheme. We were advised from the Dept of Immigration that it is "risky" but we would have to lodge both the nomination and our application on the last day that our 457 visa expires as we won't be eligible for it before. However we have since learnt that my partners employer has already put in the nomination 4 weeks ago without us knowing and received an acknowledgement and TRN number. Its my understanding and info from immigration that if we now apply for this visa it will be cancelled as they nominated us before the 2 years had been completed on the 457 visa.

 

Fortunately we have not started or paid any of our application, just gathered all our documents/evidence. Does anyone know if my partners employer could cancel this and do another nomination through the direct entry scheme? and if my partner needs a skills assessment (as required for direct entry) could this be completed after we put in the application as we are running out of time? Or any other ideas whatsoever?

 

Thank you for any advice/info.

 

If your employer lodged the nomination application under the Temporary Resident Transitional pathway, then it will fail as the 2 years on a 457 must be met at time of lodgement of the nomination application. If you lodge the visa and the nomination is refused, the visa will also be refused.

 

If however they lodged under the Direct Entry pathway, it could succeed. Under the Direct Entry pathway however, your partner would need a positive skills assessment and 3 years of skilled employment experience.