AndrewMcD Posted September 22, 2016 Share Posted September 22, 2016 Hi, I'm hoping for a little clarity and advice because what I am being told by Migration lawyers doesn't seem to match with my reading of the visa requirements. The situation: - I have been sponsored on a 457 visa and my family and I have been in Oz since January. I work for a small firm that didn't directly meet the training requirements so I was sponsored by an agency who in turn "sub contract" me to my employer. - Question 1: In this arrangement am I eligible for the 186 Transition stream? I assume yes but only if the migration agency offer me a perm job? - Question 2: The company I work for (not the agency) are willing to sponsor me on a direct visa when I reach a years service. What are my best options? My role is on the CSOL (ICT PM) but not the SOL - My wife has a senior role with a not for profit organisation on a good, six figure salary. She is an Operations General Manager and they are willing to sponsor her for a perm visa directly. - She has spoken to a couple of law firms and has been told that "without a degree she would fail the points test" so cannot apply for a perm visa - Question 3: What is the best visa for someone in her situation? Is there a points requirement for this visa? Assuming I am eligible for the Transition stream (without breaking any laws or rules) then that is our easiest route. My concern is that there might need to be some fancy footwork on job offers to satisfy the paperwork and I'd like to minimise any risks. My wife getting a direct, perm, visa would be ideal but (Question 4) would it be prudent for her to apply for a 457 with her organisation? That way we have insurance if anything happens with either job and she can start the clock on the 2 year transition stream with no agency / employer complications. Answers and advice greatly appreciated and if there is a realistic route to a perm visa then I'm happy to hire an agent! Quote Link to comment Share on other sites More sharing options...
Leanne Stevens Posted September 22, 2016 Share Posted September 22, 2016 I'd be a little concerned about your situation. Firstly, on a 457 visa, a company cannot on-hire, or sub-contract, a worker to another unrelated company unless it is through a Labour Agreement. If there is no labour agreement, you may well be in breach of your visa condition. Secondly, assuming there is a labour agreement in place which permits this; the company who employs you cannot sponsor you for PR through the transition stream. Regarding your wife; there is no points test for the 186 (permanent employer sponsored) visa. It is entirely possible that she would not get a skills assessment without a degree but it does depend on her occupation. Without a skills assessment she could not do the 186 Direct Entry. She could however perhaps do a 457 and then go on to PR through the transition stream. Quote Link to comment Share on other sites More sharing options...
George Lombard Posted September 22, 2016 Share Posted September 22, 2016 Hi Andrew, I'd just add to what Leanne has told you that if you're employed under a Labour Agreement then the employing agency may have acquired the right to sponsor for PR under that agreement but it would most likely only come up after three and a half years, not the two years which applies to the TRT stream. Your wife - if on a very good six figure salary - may qualify for a skills exemption, ie no skills assessment would be required for a Direct Entry 186 application. Cheers, George Lombard Quote Link to comment Share on other sites More sharing options...
AndrewMcD Posted October 5, 2016 Author Share Posted October 5, 2016 Thanks both. I've done some digging and it seems I have been sponsored by one of the very few companies that have a labour agreement allowing onwards hiring. There has been some changes of ownership / merger / takeover activity so when the dust has settled I will ask them again about the 457 Transition stream so thanks for those pointers. On my wife's case she works for a global Not for Profit organization as Chief Operating Officer / Deputy CEO, though her official job title is "General Manager Operations". She doesn't have a degree but has held CEO roles for smaller charities in the UK as well as Regional Manager level roles in Ireland. Her salary is six figures but not in the hundreds of thousands range (sadly!) Is she eligible for a 186? Her organisation are willing to sponsor her on a 457 if not so that at least we have the security of double visas and the clock ticking on at least one Transition stream but obviously the preference is for a perm visa if we can. She's mid 40s, native English speaker, UK passport, no convictions, etc. I know we also have teh hurdle of her organisation qualifying as a sponsoring body but one step at a time! Thanks again for teh advice, very helpful Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted October 5, 2016 Share Posted October 5, 2016 Thanks both. I've done some digging and it seems I have been sponsored by one of the very few companies that have a labour agreement allowing onwards hiring. There has been some changes of ownership / merger / takeover activity so when the dust has settled I will ask them again about the 457 Transition stream so thanks for those pointers. On my wife's case she works for a global Not for Profit organization as Chief Operating Officer / Deputy CEO, though her official job title is "General Manager Operations". She doesn't have a degree but has held CEO roles for smaller charities in the UK as well as Regional Manager level roles in Ireland. Her salary is six figures but not in the hundreds of thousands range (sadly!) Is she eligible for a 186? Her organisation are willing to sponsor her on a 457 if not so that at least we have the security of double visas and the clock ticking on at least one Transition stream but obviously the preference is for a perm visa if we can. She's mid 40s, native English speaker, UK passport, no convictions, etc. I know we also have teh hurdle of her organisation qualifying as a sponsoring body but one step at a time! Thanks again for teh advice, very helpful Quite a complex situation which you would be well advised to seek competent professional advice, based on detailed assessment of all relevant information, in order to determine an achievable future visa pathway. Recent changes to Migration Policy allow for time spent as a secondary applicant on a 457, to count towards the two year requirement for the TRT pathway of the subclass 186, in some circumstances. This may be be of benefit for your wife in the future. Quote Link to comment Share on other sites More sharing options...
AndrewMcD Posted October 5, 2016 Author Share Posted October 5, 2016 Glad it's not just me that thinks it's a little more complex than the standard! To be honest that's why I'm here - I have read the regulations as best I can and I am struggling to square the generic advice I am getting from my migration agent with the non-generic situation we are in, which is very frustrating. Quote Link to comment Share on other sites More sharing options...
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