bijo Posted May 14, 2015 Share Posted May 14, 2015 Hi All, I am new to this forum and please consider me. I moved to Melbourne from UK on 457 visa on December 2013. On January 2015 I have been approved with 186 visa (Direct entry). Now I wish to move to Perth and is there any legal issue to change the employer before completion of two years post visa approval. When I phoned DIAC they have been informed me that it could even end up in cancelling my 186 visa ! Has anyone had any any experience please? I would also like to sponsor my sister for family visa subclass 489 and if I change the employer does it affect my right to support her for PR? Please advise. Thanks, Jo. Link to comment Share on other sites More sharing options...
Bungo Posted May 14, 2015 Share Posted May 14, 2015 Hi All, I am new to this forum and please consider me. I moved to Melbourne from UK on 457 visa on December 2013. On January 2015 I have been approved with 186 visa (Direct entry). Now I wish to move to Perth and is there any legal issue to change the employer before completion of two years post visa approval. When I phoned DIAC they have been informed me that it could even end up in cancelling my 186 visa ! Has anyone had any any experience please? I would also like to sponsor my sister for family visa subclass 489 and if I change the employer does it affect my right to support her for PR? Please advise. Thanks, Jo. You have probably left it long enough so that your application does not look fraudulent, so no I would not expect there should be any visa consequences. Might not be too good for employer references and relationships though. Regarding your sister, the family sponsored 489 is not a great option and she would be well advised to look into other options well before this one. Link to comment Share on other sites More sharing options...
bijo Posted May 14, 2015 Author Share Posted May 14, 2015 Thank you so much Bungo. Why do you say family sponsored 489 is not a good option please? Is it because of my move? Link to comment Share on other sites More sharing options...
Bungo Posted May 14, 2015 Share Posted May 14, 2015 Thank you so much Bungo. Why do you say family sponsored 489 is not a good option please? Is it because of my move? No I mean it is not a good visa. Link to comment Share on other sites More sharing options...
bijo Posted May 14, 2015 Author Share Posted May 14, 2015 OK..My sister doestn't meet the point requirement without this 10 points.The only other option is apply for regional sponsorship. She lives in Alicesprings and I hope it comes under regional? do you have any idea about it please. Thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 14, 2015 Share Posted May 14, 2015 Hi All, I am new to this forum and please consider me. I moved to Melbourne from UK on 457 visa on December 2013. On January 2015 I have been approved with 186 visa (Direct entry). Now I wish to move to Perth and is there any legal issue to change the employer before completion of two years post visa approval. When I phoned DIAC they have been informed me that it could even end up in cancelling my 186 visa ! Has anyone had any any experience please? I would also like to sponsor my sister for family visa subclass 489 and if I change the employer does it affect my right to support her for PR? Please advise. Thanks, Jo. Yet another example of why a phone call to DIBP for information like that is a waste of time. They're notorious for providing incorrect information. There is NO visa condition attached to a 186 requiring the holder to stay with the sponsoring employer for 2 years (or for any length of time for that matter). If someone were to get a 186 and then walk out immediately, the employer might complain and DIBP could conceivably decide that the application had been made fraudulently (though I've never heard of it happening). You've had your visa for several months and there is no visa condition requiring you to stay with the employer so there won't be any repercussions if you leave. Happens all the time. If you move to Perth and your sister has an occupation on the SOL and a positive skills assessment, you will be able to sponsor her for a 489 but a) it's only a provisional visa and b) they take a REALLY long time to be granted if the applicant has only 60 points. The current wait for an invitation for 60 point FS 489s is around 21 months and every month, it gets longer. How are her points made up at present? Is she eligible to claim 20 points for Superior English? If not, that is what she should be working on so that she can submit an EOI for a 189. Link to comment Share on other sites More sharing options...
bijo Posted May 15, 2015 Author Share Posted May 15, 2015 Thank you for your advise Ozmaniac.Graetly appreciated. My sister doesn't meet the points for 189. She has only 50 points including her age, English competency, experience and and qualifications. If territory government sponsor for 489 does it still take this same long waiting time ? Apologies for asking so many questions. Regards, Jo Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 16, 2015 Share Posted May 16, 2015 No. Only family sponsored 489s take that long. State sponsored 489s receive an automatic invitation as soon as the state approves the nomination. You didn't fully answer my question on points though. Can she claim 20 points for Superior English? Or is she only able to claim 10 points for Proficient English? Or no points for English? Link to comment Share on other sites More sharing options...
bijo Posted May 16, 2015 Author Share Posted May 16, 2015 Sorry, she has NO points for English. 15 points for age, 20 points for experience as a nurse including 1 year work point in Australia and 15 points for qualifications. She will complete 2 years in coming September in her same job in Alice Springs. Do you think 489 through Territory is the best option ? Please advise. Thanks, Jo Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 16, 2015 Share Posted May 16, 2015 She should take IELTS or one of the other English tests to get the remaining 10 points to she can apply for a 189 visa. It gives her much more flexibility as she gets PR immediately and can live/work anywhere in Australia. Link to comment Share on other sites More sharing options...
bijo Posted May 16, 2015 Author Share Posted May 16, 2015 Thanks Maggiemay24. She sat for the IELTS exam twice but did not scored 7 individually. I believe to get 10 points does need 7 score in all 4 modules Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 16, 2015 Share Posted May 16, 2015 Sorry, she has NO points for English. 15 points for age, 20 points for experience as a nurse including 1 year work point in Australia and 15 points for qualifications. She will complete 2 years in coming September in her same job in Alice Springs. Do you think 489 through Territory is the best option ? Please advise.Thanks, Jo She very definitely should do one of the English tests (I strongly suggest PTE Academic) to try to get another 10 points that way. It would be well worth the effort even if she needs to do the test more than once. A 189 is a vastly superior visa to a 489 in many ways. See the following threads about PTE vs IELTS: http://www.pomsinoz.com/forum/migration-issues/231707-ielts-v-s-pearson-test-english-academic-pte-academic-my-personal-findings.html#post1936733023 http://www.pomsinoz.com/forum/migration-issues/227823-any-one-done-pearsons-english-test-yet.html Link to comment Share on other sites More sharing options...
bijo Posted May 16, 2015 Author Share Posted May 16, 2015 Ozmaniac, Thanks for your kind advise. I ask my sister to attempt PTE. She needs to have her PR ASAP to apply for PR/Visa for her son who is 13 who has Down syndrome with mild autistic symptoms. His 457 visa hasn't been approved as DIBP asked a letter from her employer to take the responsibility of a huge amount of money incase something happen with sister's finance and employer refused it. Luckily, the case officer given an option to withdraw her son's 457 application instead of refusing it.He is staying back in India with his grandparents and hoping to apply for his PR once my sister gets her's approved. This forum is just amazing and thanks again for your valuble advise. Jo Link to comment Share on other sites More sharing options...
rammygirl Posted May 16, 2015 Share Posted May 16, 2015 If they won't grant a temp visa for her son then he may well fail the medical for a PR visa I'm afraid as they are stricter. She needs to seek advice from an agent specialising in medical issues. Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 17, 2015 Share Posted May 17, 2015 Ozmaniac,Thanks for your kind advise. I ask my sister to attempt PTE. She needs to have her PR ASAP to apply for PR/Visa for her son who is 13 who has Down syndrome with mild autistic symptoms. His 457 visa hasn't been approved as DIBP asked a letter from her employer to take the responsibility of a huge amount of money incase something happen with sister's finance and employer refused it. Luckily, the case officer given an option to withdraw her son's 457 application instead of refusing it.He is staying back in India with his grandparents and hoping to apply for his PR once my sister gets her's approved. This forum is just amazing and thanks again for your valuble advise. Jo Her son's medical conditions make a huge difference to the visas she can apply for. Any advice you have been given to this point is irrelevant in the light of those conditions. The letter that DIBP required shows that he has been assessed as needing a 'health waiver' and they are NOT available for a Direct Entry 186 visa OR for a 489, 189 or 190. https://www.immi.gov.au/allforms/health-requirements/health-waivers.htm All I can suggest now is that she consults a RMA with special experience relating to visas for people who may have trouble meeting health requirements. The agents most often recommended for such cases are @George Lombard and Peter Bollard. Link to comment Share on other sites More sharing options...
bijo Posted May 17, 2015 Author Share Posted May 17, 2015 Thanks rammygirl, I am planning to seek advise for him from George Lombard once my sister gets her PR. Regards Jo Link to comment Share on other sites More sharing options...
bijo Posted May 17, 2015 Author Share Posted May 17, 2015 Thnaks Ozmanic, She applied for her 457 visa by herself and it has been approved (She was lucky that she tried to include evryone in the application but due to the system error it didn't happen !). Once her 457 granted, she submitted the application for her Husband, son and daughter. Then DIBP asked about this letter and eventually, case officer asked to withdraw her son's application. She still got approved her Husband's and daughter's 457 and they are here in Australia with her. Now she is planning to apply for PR for herself , her husband and daughter and once they get their PR planning to conatct Immigration agents and apply for her Sons PR with their advise. Hope it is the right way to do? Link to comment Share on other sites More sharing options...
Raul Senise Posted May 17, 2015 Share Posted May 17, 2015 Thnaks Ozmanic, She applied for her 457 visa by herself and it has been approved (She was lucky that she tried to include evryone in the application but due to the system error it didn't happen !). Once her 457 granted, she submitted the application for her Husband, son and daughter. Then DIBP asked about this letter and eventually, case officer asked to withdraw her son's application. She still got approved her Husband's and daughter's 457 and they are here in Australia with her. Now she is planning to apply for PR for herself , her husband and daughter and once they get their PR planning to conatct Immigration agents and apply for her Sons PR with their advise. Hope it is the right way to do? You should really heed the advice of others on this forum and seek professional advice, as your sister’s PR application is heading for an expensive disaster. The requirements for a 457 and PR are completely different. Even if she applies for PR and does not include her son, the child will still need to pass the health criteria. If he fails, the PR application for everyone will fail. For PR you cannot just chose to exclude a member of the family from the requirements. The situation may be salvageable, but you need advice from an expert. Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 17, 2015 Share Posted May 17, 2015 Thnaks Ozmanic, She applied for her 457 visa by herself and it has been approved (She was lucky that she tried to include evryone in the application but due to the system error it didn't happen !). Once her 457 granted, she submitted the application for her Husband, son and daughter. Then DIBP asked about this letter and eventually, case officer asked to withdraw her son's application. She still got approved her Husband's and daughter's 457 and they are here in Australia with her. Now she is planning to apply for PR for herself , her husband and daughter and once they get their PR planning to conatct Immigration agents and apply for her Sons PR with their advise. Hope it is the right way to do? She CAN'T apply for PR without including all of her dependents and whether they are migrating or not, they MUST all pass the medicals. Unlike with a 457, there will be no option to withdraw someone from the application if there is a problem with their medical. If her son fails the medical, everyone on the application will have their visa denied and she will lose the $7000+ VAC. She should go no further without taking expert professional advice. Link to comment Share on other sites More sharing options...
rammygirl Posted May 18, 2015 Share Posted May 18, 2015 This is one of those cases that really requires a good agent, even if they advise that an application will fail. They will save money in the long run. She cannot get PR without including her son, and even if she puts him down as non migrating he will still need to pass a medical. Do not assume this will be easy or even possible. She he won't be the first, someone on the forums managed to get a child with medical issues included on a 457 but cannot proceed to PR as the child did not pass medical for PR. the requirements are stricter for PR. Sorry if this is not what she wants to hear, I hope she manages to sort something out. Link to comment Share on other sites More sharing options...
bijo Posted May 18, 2015 Author Share Posted May 18, 2015 Hi All, A big thank you to you all from bottom of my heart, If I didn't join in this forum I would been in a big trouble. I thought it is okay to apply PR without including her son in the application. I defenetety seek professional advise before go further. I may get in touch with George Lombard as Ozmaniac suggested. I will update the progress on time. She has got another 2 more years on her 457 visa. I don't know whether it's better to find a new employer to get a 457 visa and apply 457 again for her son once it has been granted for herself and fight for PR once her son is in the country. Really confused ! Jo Link to comment Share on other sites More sharing options...
bijo Posted May 24, 2015 Author Share Posted May 24, 2015 Hi Guys, I spoke with Immigration agent. Basically advised to wait for completion of two years and apply for 186 visa which will be in coming September. I will keep in touch with you all. Thanks Jo Link to comment Share on other sites More sharing options...
rammygirl Posted May 24, 2015 Share Posted May 24, 2015 What about the medical issues? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 25, 2015 Share Posted May 25, 2015 Under 186 TRT there is eligibility for a health waiver provision although I don't know what's involved in that. So it may be her best option. Link to comment Share on other sites More sharing options...
bijo Posted May 25, 2015 Author Share Posted May 25, 2015 Under 186 TRT there is eligibility for a health waiver provision although I don't know what's involved in that. So it may be her best option. Thanks MaggieMay24, That's what I am waiting for. Hope her employer will support her for 186. If 186 cancelled she will come back automatically to 457? Do you know anything about it please? Regards, Jo Link to comment Share on other sites More sharing options...
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