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Changing Job while 186 is processing (already on a 457) - issues?

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Guest

Hi there

 

I'm currently awaiting the approval of my 186 (direct entry) Visa application - about 2 months in on what should supposedly take 6 months, hopefully.

 

If I get offered another job - would accepting this job be a bad move while I'm waiting on approval of the 186?

I already have a 457 Visa, with 3 years left on it.

 

Any help would be most appreciated.

 

Greg

Edited by Guest

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I am maybe not understanding your properly. But do you mean you are being sponsored by one employer and are considering accepting a job with another employer and wonder if that is an issue?

 

Or do you mean there is a new employer who has offered sponsoring on 186 and you are wondering if you need to wait for approval?

Edited by Bungo

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Guest

I bungo, I mean the former - that I'm being sponsored by one and considering accepting a job with another.

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I bungo, I mean the former - that I'm being sponsored by one and considering accepting a job with another.

 

Well of course there is an issue with that ... I am baffled as to how you think there might not be, still think I must be missing something?

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Guest

I already hold a 457 with the same employer and just pushed through my 186 - for which I now hold a bridging visa, so I am weighing up my options.

What are the issues with it? I know once I get it granted and move there isn't really an issue but is it not possible to get a prospective employer to transfer the sponsorship over to them?

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I already hold a 457 with the same employer and just pushed through my 186 - for which I now hold a bridging visa, so I am weighing up my options.

What are the issues with it? I know once I get it granted and move there isn't really an issue but is it not possible to get a prospective employer to transfer the sponsorship over to them?

 

Yes. While a 186 has no technical conditions, it could be seen as visa fruad

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Guest

I wouldn't intend on commiting visa fraud at all - if anything, I'd want to inform Immi about it. I just want to know if it's possible. The only thing changing would be the sponsor.

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I already hold a 457 with the same employer and just pushed through my 186 - for which I now hold a bridging visa, so I am weighing up my options.

What are the issues with it? I know once I get it granted and move there isn't really an issue but is it not possible to get a prospective employer to transfer the sponsorship over to them?

 

So you are on a 457 with a company that is now sponsoring you for a 186 visa. But you want to take a job with another company whilst the 186 is going through. Well the first company are therefore just going to stop the 186 visa aren't they? And if you left the day after it is granted, then they report you to immigration for fraudulently obtaining a visa?

 

If you want to go a new employer now, you need to get them to sponsor you. They should either take over the 457 or sponsor for the direct entry 186 themselves.

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Do you really think that with 4 months to go your existing employer will carry on with their sponsorship if you bugger off to another job?

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Guest

Bungo, correct in your understanding.

 

Yes - but what I'm asking I guess is this - is will I have to start the process of applying for the 186 direct entry again?

Lets just assume the new employer is completely setup to sponsor and willing to do so, it's just a question of IF it's possible under the given circumstances.

 

I'm assuming would it have been better if I'd NOT applied for my 186, allowing a new employer to cleanly take over my 457, then apply for a 186 with the new employer.

However, as this isn't the case I would just like to know my options...

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Do you really think that with 4 months to go your existing employer will carry on with their sponsorship if you bugger off to another job?

 

Thats not really what I'm hoping for - I'd like a clean start and not some ad-hoc setup IF I did change jobs.

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Thats not really what I'm hoping for - I'd like a clean start and not some ad-hoc setup IF I did change jobs.

 

Isn't that what you just said you are going to do?

 

If it isn't, sorry but you reallly are going to have to explain yourself a lot more clearly. I can tell you that at the moment, your plans sound terrible, morally and legally, but perhaps you are just not explaining it properly.

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Isn't that what you just said you are going to do?

 

If it isn't, sorry but you reallly are going to have to explain yourself a lot more clearly. I can tell you that at the moment, your plans sound terrible, morally and legally, but perhaps you are just not explaining it properly.

 

No - what you're assuming is that I ask my current employer to continue to sponsor me while I move to a new job. That's not it at all and I'm not sure how it's come across like this.

 

Please see below. I don't think I've been that unclear in my explanation. I've kept it basic, as it is.

 

1) I know that a 457 or 186 CAN be transferred between employers once granted - providing information is provided to Immi.

2) What I am not sure about - is can this transfer be done BEFORE the 186 is granted? I'm assuming perhaps not - but want to know if there is any exception to this. I know I can always just have my 457 transferred as a fall back but will then probably have to do the whole application process of a 186 again and most importantly bust another $3.5k.

 

Now as far as people judging me on moral and legal grounds - at no point did I mention any form of deceit to either Immi or my current employer. I'm simply trying to see what my options are as someone in transition between 457 -> 186 before I make any movements.

 

I know I won't have any issues once I get my 186 granted as I will have PR. But this isn't the current case unfortunately.

 

My employer has made me cover all costs in my sponsorship, so not sure how 'moral' that is either.

Edited by Guest

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No - what you're assuming is that I ask my current employer to continue to sponsor me while I move to a new job. That's not it at all and I'm not sure how it's come across like this.

 

Please see below. I don't think I've been that unclear in my explanation. I've kept it basic, as it is.

 

1) I know that a 457 or 186 CAN be transferred between employers once granted - providing information is provided to Immi.

2) What I am not sure about - is can this transfer be done BEFORE the 186 is granted? I'm assuming perhaps not - but want to know if there is any exception to this. I know I can always just have my 457 transferred as a fall back but will then probably have to do the whole application process of a 186 again, most importantly - bust $3.5k again.

 

Now as far as people judging me on moral and legal grounds - at no point did I mention any form of deceit to either Immi or my current employer. I'm simply trying to see what my options are as someone in transition between 457 -> 186 before I make any movements.

 

I know I won't have any issues once I get my 186 granted as I will have PR. But this isn't the current case unfortunately.

 

My employer has made me cover all costs in my sponsorship, so not sure how 'moral' that is either.

 

Don't get on your high horse, you have been asked to clarify yourself several times and you STILL seem to be suggesting that you want to get one company to sponsor you and then move to another either immediately or whilst in the process or something.

 

This is not going to be OK with immigration. Again, as per an earlier post, if you want to move to another employer you need to get the new employer to take over your 457 sponsorship or start the 186 process with you. A 186 is not transferable by the way.

Edited by Bungo

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Don't get on your high horse, you have been asked to clarify yourself several times and you STILL seem to be suggesting that you want to get one company to sponsor you and then move to another either immediately or whilst in the process or something.

 

This is not going to be OK with immigration. Again, as per an earlier post, if you want to move to another employer you need to get the new employer to take over your 457 sponsorship or start the 186 process with you. A 186 is not transferable by the way.

 

Fair enough on not being able to transfer a 186. Difference is - I'll have PR after obtaining a 186 so in essence it won't matter if I change jobs. I know it's "not what I'm supposed to do" but there isn't anything from a legal standpoint that can or will be done about it.

 

I apologise for the being annoyed, but your answer sounded condescending in more than one way - firstly a judgement on my 'plan' (which I hadn't mentioned once by the way) then a comment telling me I'm not explaining it properly when all I've done is ask a question about my options - quite clearly and simply. I seem to have gotten some sort of answer now. So thank you.

 

Also - it should be quite clear I'm not planning anything underhanded here as I'm using my real name and being pretty open about my situation.

Edited by Guest

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Fair enough on not being able to transfer a 186. Difference is - I'll have PR after obtaining a 186 so in essence it won't matter if I change jobs. I know it's "not what I'm supposed to do" but there isn't anything from a legal standpoint that can or will be done about it.

 

I apologise for the being annoyed, but your answer sounded condescending in more than one way - firstly a judgement on my 'plan' (which I hadn't mentioned once by the way) then a comment telling me I'm not explaining it properly when all I've done is ask a question about my options - quite clearly and simply. I seem to have gotten some sort of answer now. So thank you.

 

I give up. You are not being clear and I have tried very hard to extract precise details of what you are planning to do from you.

 

And there is only one option for what you want to do, for the third time, if you want to go to a new employer you need to get them to sponsor you, by either taking over the 457 or starting a 186 or both.

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It never ceases to amaze me how people would rely on answers on a public forum instead of seeking the advice of a registered migration agent also how they resort to rudeness when they don't get the answer they are looking for. It really amazes me :wacko:

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It never ceases to amaze me how people would rely on answers on a public forum instead of seeking the advice of a registered migration agent also how they resort to rudeness when they don't get the answer they are looking for. It really amazes me :wacko:

 

I've apologised for being annoyed at being judged by someone and I've said thank you for their help when they do give me information to something I DON'T have a formal plan on as I'm just making and enquiry.

 

I will go to a professional should I see the need to. I am aware of their existence but wanted to ask the seasoned people on this forum.

 

Bungo, You don't think I've been clear. I will apologise for this too and whatever else seems to have pissed you off, as I'm too old to bicker on a forum. And i am genuinely thankful for your advice.

 

Take it easy.

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How desperate is the alternative employer to fill their vacancy?

 

If you are the right person for the role, perhaps they can wait a little while, and get you on a "free transfer" (to use a football analogy). No point in them having to spend time and money sponsoring you if all they need to do is wait and get you for nothing. Might need some careful diplomacy on all sides.

 

I'm not saying it's right or wrong. Only an option to think about.


From Kilmarnock, now in Melbourne :-)

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You can't easily change 186 sponsors midstream (rather like the proverbial horse midstream), so you'd need to instead have the new employer take over the 457. It may be wise to speak with a migration agent as this may cause DIBP to question the 186 nomination/ application). Then once the new 457 is in place you can apply for a 186 with the new employer assuming they are able/willing to sponsor the PR visa.

 

Regarding visa costs, the only costs the employer MUST pay for are the sponsorship and nomination for a 457 visa. All other costs can be required from the visa applicant.

 

EDIT: corrected after re-reading original post that 457 is still in effect

Edited by MaggieMay24

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How desperate is the alternative employer to fill their vacancy?

 

If you are the right person for the role, perhaps they can wait a little while, and get you on a "free transfer" (to use a football analogy). No point in them having to spend time and money sponsoring you if all they need to do is wait and get you for nothing. Might need some careful diplomacy on all sides.

 

I'm not saying it's right or wrong. Only an option to think about.

 

This is relatively hypothetical but I can't imagine they'd want to wait 4 months if it were now. A little later down the track with say 2 months might be more admissible though, I'd hope.

Worth thinking about too though, thanks :)

 

 

 

You can't easily change 186 sponsors midstream (rather like the proverbial horse midstream), so you'd need to instead have the new employer take over the 457. It may be wise to speak with a migration agent as this may cause DIBP to question the 186 nomination/ application). Then once the new 457 is in place you can apply for a 186 with the new employer assuming they are able/willing to sponsor the PR visa.

 

Regarding visa costs, the only costs the employer MUST pay for are the sponsorship and nomination for a 457 visa. All other costs can be required from the visa applicant.

 

EDIT: corrected after re-reading original post that 457 is still in effect

 

 

I think the 457 transfer route would be the only workable option if I were to get a job offer say within the next 2 months. Anything after that might be worth considering what Suzukiscottie has mentioned I think.

 

Thank you both :)

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How desperate is the alternative employer to fill their vacancy?

 

If you are the right person for the role, perhaps they can wait a little while, and get you on a "free transfer" (to use a football analogy). No point in them having to spend time and money sponsoring you if all they need to do is wait and get you for nothing. Might need some careful diplomacy on all sides.

 

I'm not saying it's right or wrong. Only an option to think about.

one of the reasons some employers are now reluctant to sponsor! Ruins it for others!

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