457 to 186 visa so confused

[tuckersgirl]

Hi all,

 

were currently on a 457 visa which expires in 2016 (August) my partners employer will be applying for permanent residency in October this year (cant wait) what visa will we go on 186? we are in Tweed Heads NSW 2485, not sure if it matters where you are? Also can we ask him to apply sooner? my partner will have worked there two years in October this year.

 

Once we have PR granted will my partner have to stay with this employer for a few more months/years?

 

Thanks

 

Sharna

[Bungo]

Hi all,

 

were currently on a 457 visa which expires in 2016 (August) my partners employer will be applying for permanent residency in October this year (cant wait) what visa will we go on 186? we are in Tweed Heads NSW 2485, not sure if it matters where you are? Also can we ask him to apply sooner? my partner will have worked there two years in October this year.

 

Once we have PR granted will my partner have to stay with this employer for a few more months/years?

 

Thanks

 

Sharna

 

You can apply for a PR visa anytime you want. Yes it can be done now, so long as you meet the criteria for the direct entry 186.

 

It is certainly advisable to stay with the employer for a little while afterwards, if you quit the day the visa is granted and the employer gets the hump they might claim you were fraudulent. If you don't want to stay with the employer, then maybe look into skilled migration instead.

[Ozmaniac]

You can be nominated for a 187 RSMS visa (Tweed Heads is a regional area though Coolangatta is not so you can't be living north of the border) or for a 186 ENS. If you get a 187, a condition of your visa is that the main applicant must work for the employer for another 2 years. On a 186, there is no such visa condition though it could cause problems if you get a 186 and then immediately leave the employer and they complain to DIBP.

 

If the nomination for a permanent visa is lodged after you have worked for the sponsoring employer on a 457 for 2 full years, you can apply via the Temporary Residence Transition stream which requires no skills assessment of any kind. If you want to apply any earlier than that, you must apply via the Direct Entry stream for which there are additional requirements.

 

For a 186 via Direct Entry, you must have a positive skills assessment and 3 years relevant work experience. For a 187 via Direct Entry, you may need a skills assessment (depends on your occupation and where you gained your qualifications) or you must demonstrate that you have the qualifications listed in ANZSCO as necessary to perform the tasks of your occupation.