Diamond del Posted July 8, 2014 Share Posted July 8, 2014 Hey, was wondering if anyone could help as I am getting conflicting stories on this one! I have been here for just over two years with same employer on 457 visa and want to apply for PR through the 186 temporary resident transition stream. I approached my GM who passed it to our corporate HR dept but seems to be stuck with them and I am not getting any answers ( bit of a tightening of purse strings lately like most business) I don't know if it's a reluctance on their part to pay the visa fee or if there are any other issues ( apparently they have done the same with another Brit in the Sydney office too) but I have just been promoted so not sure what the go is. My GM reckons he can get me the nomination sorted easy enough and I would be happy to pay the visa fee if it means I can get some peace of mind that would come with PR. I have heard from a friend that in the case of a 186 visa that the employer must pay the visa to prove their commitment to the employee ( guarantee of two years employment ) and that I cannot pay it myself, however one of the corporate HR guys told me that it was the opposite where the employee has to pay and the employer cannot. The first one sounds like it makes more sense to me but you never know with this place! any advice would be helpful thanks delboy Link to comment Share on other sites More sharing options...
Ozmaniac Posted July 8, 2014 Share Posted July 8, 2014 Employers have all manner of obligations relating to what they must pay for 457 visas and there are a number of restrictions on who can pay for what but no such obligations or restrictions apply to 186 applications. If they're willing to pay for the 186, that's great but it's also fine if you pay for it yourself. Your friend and the corporate HR guy are both wrong. Link to comment Share on other sites More sharing options...
Diamond del Posted July 8, 2014 Author Share Posted July 8, 2014 Thanks mate will apply myself then just get them to nominate me? Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 8, 2014 Share Posted July 8, 2014 There may be reasons for not wanting to nominate you and I would speak to HR about what is going on. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 8, 2014 Share Posted July 8, 2014 There's no requirement for it to be paid by the employer or employee, so it's up to your company to decide a) if they're willing to sponsor the PR visa and b) if they're willing to pay any or all of it. Link to comment Share on other sites More sharing options...
Adam Grey Posted July 8, 2014 Share Posted July 8, 2014 but I have just been promoted Thats the first thing I'd clarify before worrying about who's going to pay for it. As part of your 457 conditions you must work in the nominated position or be re-nominated. This also has the effect of resetting your 2 year qualifying period for the ENS TRT stream. They do allow a degree of promotion and duty changes, but a significant role change would not be acceptable. Link to comment Share on other sites More sharing options...
Diamond del Posted July 9, 2014 Author Share Posted July 9, 2014 It's not that they're not willing to nominate its just a complete nightmare to get anything approved at moment goes through HR then to parent company HR in Sydney then HQ in Singapore but if payment can be made by myself then i can get it done sooner without waiting and on the plus side won't be tied in to stay with them if something else came up! dont believe the promotion would be an issue re the visa! Link to comment Share on other sites More sharing options...
Adam Grey Posted July 9, 2014 Share Posted July 9, 2014 dont believe the promotion would be an issue re the visa! Sure about that? Are you still working in your nominated occupation? Link to comment Share on other sites More sharing options...
blossom Posted July 9, 2014 Share Posted July 9, 2014 Agreed, depending on the promotion it could very well be an issue. This visa isn't as simple as you seem to think it will be. Your employer must do their part for you to be able to apply. It sounds like you might have issues getting that done if they are not wanting to approve anything. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 9, 2014 Share Posted July 9, 2014 You need your employer's support and cooperation to be nominated before you can apply, so you can't proceed without them. And as the others have said, the promotion may prove to be a big issue. You'd be wise to speak with a migration agent to see if this will be a problem. Link to comment Share on other sites More sharing options...
sebdoan Posted March 20, 2015 Share Posted March 20, 2015 It's not that they're not willing to nominate its just a complete nightmare to get anything approved at moment goes through HR then to parent company HR in Sydney then HQ in Singapore but if payment can be made by myself then i can get it done sooner without waiting and on the plus side won't be tied in to stay with them if something else came up!dont believe the promotion would be an issue re the visa! Hello Diamon Del, I've a team member in the same situation as you. This is they've done 2 years on the 457 visa, just been promoted and we're looking to transition them onto the 186 visa. The key area for concern is around the requirement that the transition involve "the same occupation with their nominating employer". Did the promotion affect this rule for you? Can you advise what was the final outcome for your Visa application? Link to comment Share on other sites More sharing options...
Bungo Posted March 20, 2015 Share Posted March 20, 2015 Hello Diamon Del, I've a team member in the same situation as you. This is they've done 2 years on the 457 visa, just been promoted and we're looking to transition them onto the 186 visa. The key area for concern is around the requirement that the transition involve "the same occupation with their nominating employer". Did the promotion affect this rule for you? Can you advise what was the final outcome for your Visa application? Have they been promoted to a different occupation though? Or is it not just a more senior position in the same occupation? Link to comment Share on other sites More sharing options...
sebdoan Posted March 20, 2015 Share Posted March 20, 2015 It's a more senior role in the same job. Further investigation suggests that this rule is driven by the ANZSCO code used on the visa. http://www.immi.gov.au/employers/anzsco/anzsco-code5.htm From my review of all the possible codes for this staff member I don't see a change to their code that would be caused by the promotion, hence it's probably not an issue then. Link to comment Share on other sites More sharing options...
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