MattNon Posted September 21, 2016 Share Posted September 21, 2016 Hi all, 457 visa holder here looking for advice on transitioning from 457 to PR, from anyone whose familiar or has been in a similar situation. I've been living and working in Australia for 2 years next month with my original visa sponsor. The organisation recently undertook a restructuring, which has resulted in a change of ABN number. Essentially, the organisation has been split into 2, with my department forming a new company with a new ABN. My day to day role however, has remained the same, working the same location, with the same clients etc. We're currently in contact with the legal department for clarification on how this will affect the 2 years counting towards the Employer Nomination Scheme (subclass 186) program. As a backup, if the ENS route is no longer possible, I've been looking at other options such as the skilled select visa route (Skilled Independent Subclass 189). Using a online points calculator (http://www.immiaustralia.com.au/visas/skilled-migration-point-test/), I would have just enough points (65) after completing an English test at a 'Superior' level. Age: 30 points English: 20 points Overseas work exp.: 10 Australia work exp.: 5 Total: 65 points My concern, however, is around the eligibility for my skills experience. I've been working full-time as a software engineer for 9 years, but will only complete my formal degree (that I've been studying remotely) towards the end of next year. I do have a number of IT vendor certifications, but looking on at Australian Computer Society website, only Microsoft & Cisco certifications qualify. I could wait until late next year when I have my degree, but would like to move over to PR as soon as possible if it is an option. Would appreciate any advise from anyone here. Many thanks! Quote Link to comment Share on other sites More sharing options...
Bungo Posted September 21, 2016 Share Posted September 21, 2016 I would firstly point out that you could still apply for ENS through the Direct Entry stream if you can pass skills assessment, there is no need to do two years on the 457 first. I think the new ABN might be a problem but I am not sure. The ACS skills assessments generally do need a degree or considerable work experience to make up for that. You possibly have sufficient work experience in terms of time (cannot comment on quality) but the trouble is if you are using your work experience in lieu of a degree then you cannot use it for work experience points as well. So if you were to pass skills assessment now, you are not going to have enough points for skilled migration but maybe you can get Direct Entry ENS. If you wait until you get your degree, you would get 15 points for the degree and then don't need the work experience points as you would have enough without it, so skilled migration back in the table. But some finer technical points in there, such as around the new ABN and a professional consultation to look at your options might be a good idea. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 22, 2016 Share Posted September 22, 2016 Regardless of the capabilities of your legal department, I'd suggest you speak with a migration agent if you want to consider the ENS path. There's more flexibility to deal with company sales/restructure, but I wouldn't want to do this independently without having a migration agent review it to make sure things line up properly. However as far as I know, this can be done fairly successfully so I'd explore this thoroughly before going down the path of a 189 visa. Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted September 22, 2016 Share Posted September 22, 2016 Hi all, 457 visa holder here looking for advice on transitioning from 457 to PR, from anyone whose familiar or has been in a similar situation. I've been living and working in Australia for 2 years next month with my original visa sponsor. The organisation recently undertook a restructuring, which has resulted in a change of ABN number. Essentially, the organisation has been split into 2, with my department forming a new company with a new ABN. My day to day role however, has remained the same, working the same location, with the same clients etc. We're currently in contact with the legal department for clarification on how this will affect the 2 years counting towards the Employer Nomination Scheme (subclass 186) program. As a backup, if the ENS route is no longer possible, I've been looking at other options such as the skilled select visa route (Skilled Independent Subclass 189). Using a online points calculator (http://www.immiaustralia.com.au/visas/skilled-migration-point-test/), I would have just enough points (65) after completing an English test at a 'Superior' level. Age: 30 points English: 20 points Overseas work exp.: 10 Australia work exp.: 5 Total: 65 points My concern, however, is around the eligibility for my skills experience. I've been working full-time as a software engineer for 9 years, but will only complete my formal degree (that I've been studying remotely) towards the end of next year. I do have a number of IT vendor certifications, but looking on at Australian Computer Society website, only Microsoft & Cisco certifications qualify. I could wait until late next year when I have my degree, but would like to move over to PR as soon as possible if it is an option. Would appreciate any advise from anyone here. Many thanks! You will highly unlikely to get 15 points for working experience, since you do not have a relevant bachelor degree, let alone with a positive skills assessment from ACS. Do you have a Diploma in IT? The company restructure is not end of ENS TRT stream or reset the 2 years clock to the very beginning. Quote Link to comment Share on other sites More sharing options...
Wei Shu Posted September 22, 2016 Share Posted September 22, 2016 It highly unlikely you can claim 15 points for your working experience, since you do not have a relevant bachelor, let alone with a positive ACS skills assessment. Do you have at least a Diploma in IT? Company restructure does not necessary mean the end of ENS TRT stream pass way, or the 2 years time clock has been reset to the very beginning. Quote Link to comment Share on other sites More sharing options...
MattNon Posted September 26, 2016 Author Share Posted September 26, 2016 Thanks all. Work are still is talks with legal and will most likely be consulting with a migration agent on this. No I don't have a diploma in IT. I do have a 'Certificate of Higher Education (Cert.HE/CertHE)', not sure whether this would count for anything. According to wikipedia it's a "higher education qualification in the United Kingdom. It is awarded after one year of full-time study (or equivalent) at a university or other higher education institution, or two years of part-time study." Because it's only UK based, it may not have any relevance here. Quote Link to comment Share on other sites More sharing options...
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