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457 won't nominate, now what?


rachoward

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Hello,

 

I think I am one step away from a nervous breakdown.

 

It has come as a bit of a shock but our 457 sponsor has said that they are not going to nominate us for residency on the transition stream (he will have worked for them for 2 years in December) despite early on saying they would. They are a medium sized company and I think they just don't understand whats involved or want to spend the time sorting it out. We are on a 457 and it ends March 2016.

 

My partner is sponsored, he is a light vehicle mechanic. I am now thinking we will have to apply via a 189? My understanding is that this will require English tests and a skills assessment etc and I am in a panic as I don't know if we will run out of time on our current visa to get that all done and an EOI in and be invited to apply before our current visa expires.

 

We went through so much to get the this point, living in the middle of nowhere and having a fairly terrible time for the first 18 months. We are finally settled, happy and want to stay here in Newcastle.

 

Please, can anyone offer any advice? Are there any mechanics out there who have applied for skilled migration, particularly from inside Australia? Are/ were you on a 457 and not nominated for residency, what did you do? What are the timeframes involved in applying under skill select? Should we engage a migration agent/lawyer.

 

Thanks so much,

Rach

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Hi Rach.

 

> Yes, the skills assessment is a key hurdle. Have a look at the VETASSESS factsheets here: http://www.vetassess.com.au/Skills-Assessment-for-Migration/Trade-Occupations/Guides-and-Factsheets

 

> Maybe also call VETASSESS in Melbourne to make sure they would be able to undertake the migration skills assessment.

 

> Check also your points position - it may be that an IELTS test isn't required if you have sufficient points already, but as a rule we find that most need at least 7's across all 4 bands of the IELTS test to claim some points towards the threshold of 60 required for a subclass 189, 190, or 489.

 

> Points test info: http://www.immi.gov.au/skilled/general-skilled-migration/pdf/points-tested-migration-fact-sheet.pdf

 

With all this done, maybe then speak with a migration advisor; it will give the enquiry some structure and you'll be in a better position to know the issues you want to explore.

 

Hope this helps. Good luck!

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Also ... does the employer understand that moving a sponsored employee onto a permanent residency visa under subclass 186 or 187 removes the obligations that attach to sponsoring the same person for a 457 visa?

 

In other words it can be a win-win for both parties.

 

The nomination aspect of a TRT stream application is relatively straightforward, so long as the training commitment has been adhered to, and can be validated by way of receipted tax invoices, etc.

 

If you can get the employer over the line I'd see the TRT stream strategy as preferable to a 189/190/etc.

 

Best regards.

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