Vic154 Posted April 28, 2015 Share Posted April 28, 2015 Hi everyone Can you believe it I'm on 457 and I've been counting the days for my 2 yrs to be up so I could finally apply for the 186 employer nominate scheme, and on same day it is submitted I have been contacted about a great opportunity with another business which based on initial conversation and other things, I'm fairly confident I'll get. does anyone know if the new employee can take on my PR application or what options I have? I really don't want to go back to 457 visa and start the two yr clock ticking again, but at same time this is a great career opportunity for me which I'm excited about. Im guessing if I take the new role my current employer would withdraw the 186 application and my new employer would take on my 457 sponsorship? At that point can they then apply for my PR? I probably can negotiate this but wanted to check if it's an option. Its a senior management sales role, I've been in sales managment 6 yrs and have a degree, not sure if direct entry is an option or is that for non 457 holders? I'm in a real dilemma and not sure what to do! Appreciate any advice.... Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 28, 2015 Share Posted April 28, 2015 For an application via the Temporary Residence Transition stream being sponsored by the new employer, you would need to start the whole process over again with 2 years on a 457 sponsored by the new employer. The new employer can sponsor you for a 186 via the Direct Entry stream if you have a positive skills assessment in the nominated occupation. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted April 28, 2015 Share Posted April 28, 2015 457 holders who don't qualify for TRT can apply under DE Stream. So you could ask your (potential) new employer to sponsor you for that. Since it can take much longer for processing, they'd probably also need to nominate you for a 457 so you could start working while the 186 is processing. Link to comment Share on other sites More sharing options...
Raul Senise Posted April 28, 2015 Share Posted April 28, 2015 Hi everyone Can you believe it I'm on 457 and I've been counting the days for my 2 yrs to be up so I could finally apply for the 186 employer nominate scheme, and on same day it is submitted I have been contacted about a great opportunity with another business which based on initial conversation and other things, I'm fairly confident I'll get. does anyone know if the new employee can take on my PR application or what options I have? I really don't want to go back to 457 visa and start the two yr clock ticking again, but at same time this is a great career opportunity for me which I'm excited about. Im guessing if I take the new role my current employer would withdraw the 186 application and my new employer would take on my 457 sponsorship? At that point can they then apply for my PR? I probably can negotiate this but wanted to check if it's an option. Its a senior management sales role, I've been in sales managment 6 yrs and have a degree, not sure if direct entry is an option or is that for non 457 holders? I'm in a real dilemma and not sure what to do! Appreciate any advice.... The phrase that comes to mind is "a bird in the hand". Although it may be possible for the new company to nominate you for PR, consider the following: The 186 application that has already been lodged cannot be transferred to a new employer. As such any work done and monies paid are lost; You cannot work for the new employer until the 186 application is approved. Depending on the circumstances you are looking at between 3 to 6 months. As such you would first need to transfer your 457 to the new company; To be nominated by the new employer under the Direct Entry pathway, you need a positive skills assessment before you can proceed; You do not know if the new employer even meets the requirements to nominate you for PR. You could potentially go through all of this only to find that they are not an eligible sponsor. If you are considering the switch, my advice would be to carefully asses: Your eligibility for a skills assessment and your ability to meet the criteria under the 186 Direct Entry pathway; Your potential new employers eligibility to a) take over your current 457 and b) their eligibility to nominate you for PR; The cost benefit when weighing up additional application costs and additional time before you obtain PR. Link to comment Share on other sites More sharing options...
Vic154 Posted April 29, 2015 Author Share Posted April 29, 2015 I really appreciate your responses - thank you. How do I know that I will pass the skills assessment? I have 6 yrs similar management experience in the same industry. I don't understand what criteria is required to pass this part. All it says is 3yrs experience related to the role. Do many people get refused at this stage even if they have experience? I have not done the exact same role but similar skill set required as to what my experience is. The new employer is eligible to nominate for 457 I know that. I'm sure they can do PR. The costs are a factor I am willing to pay back if it comes to it. Thanks again. Link to comment Share on other sites More sharing options...
Raul Senise Posted April 29, 2015 Share Posted April 29, 2015 I really appreciate your responses - thank you. How do I know that I will pass the skills assessment? It depends on many factors such as your occupation, the assessing authority, your qualifications, employment experience, number of hours worked, etc. I have 6 yrs similar management experience in the same industry. I don't understand what criteria is required to pass this part. All it says is 3yrs experience related to the role. As is often advised on this forum, don’t rely on the Immigration website as it is only basic information. It is not as easy as “3 years experience”. It must be 3 years, post qualification, at the required skill level, full time and highly relevant to the nominated occupation. Do many people get refused at this stage even if they have experience? I have not done the exact same role but similar skill set required as to what my experience is. Again it will depend on your specific situation and if your previous employment is considered highly relevant or closely related to your nominated occupation. Under the Direct Entry pathway I have seen applications fail on this specific requirement. Link to comment Share on other sites More sharing options...
Vic154 Posted April 29, 2015 Author Share Posted April 29, 2015 Thank you very much Raul - you give good advice and info! I am talking to them tomorrow so will tell them where my heads at. I've decided that if they cannot sponsor straight to PR then I won't take it. Appreciate everyone taking the time to reply. Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 29, 2015 Share Posted April 29, 2015 Keep in mind that if the new employer is willing to sponsor you 'straight to PR' i.e. for a Direct Entry 186, you will not be able to work for them until the 186 is granted and that could be 6 months (or even longer if you don't yet have skills assessment). The only way you could work for them before the 186 is granted is if your 457 is transferred to them. Link to comment Share on other sites More sharing options...
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