TSS visa to 186

[AlexJD]

Hi

I've been a long time lurker on the forum since before first moving to Sydney in 2010 - wife and I have since spent nearly two years living in Clovelly on a 457, moved back to the UK to start a family, had two children and were always planning to make a long term return to Australia.

With the date for that planned move less than 12 months away, the 457 being abolished has presented us with a bump in the road, as the plan was to return on a 457 and then hopefully go down the transition route after 2 years.

Hypothetical question for you, having read up on the changes over the last couple of weeks:

If I secured an offer on the new TSS visa (role is sales and marketing manager so only eligible for the 2 year option) to get back over, once in Aus could I then make an application for a 186 on the direct entry route with an existing employer's support?

Seems to me to be the logical solution, albeit not entirely in my control.

Thanks 

Alex

 

[AlexJD]

Just to add, having looked at the lists and assessment criteria, think I'd be better off nominating marketing specialist rather than sales and marketing manager.

Hadn't appreciated how onerous the skills assessment was with the AIM for sales and marketing manager, seems very few people are successful with that.

Edited May 2, 2017 by AlexJD

[VERYSTORMY]

Occupations on the TSS are not eligible for a 186. In effect, there is no route to permanent residence for occupations on the TSS.

Though you can have 2 x 2 year 457 visas.

Though personally, I would be very dubious about a family going on a 457 even before the changes.

[AlexJD]

I'm not sure I agree with you on that. Following excerpt from border.gov.au suggests otherwise:

"There is no separate STSOL list on our website as visa programmes that utilise this list can also access some additional occupations on the MLTSSL. For ease of reference, we have combined both the STSOL and the eligible MLTSSL occupations  together. See: Combined list of eligible skilled occupations.

You must nominate an occupation on this Combined list of eligible skilled occupations if you are applying for any of the below:

• Employer Nominated Scheme (subclass 186) – Direct Entry Stream"

Take your point on the temporary visa and family point - but that's a personal decision that would depend on an individual's appetite for risk. 

[AlexJD]

Is anyone able to shed some more light on this?

Will the combined list of eligible skilled occupations continue to be relevant for the ENS 186 visa?

Will the new 2 years TSS include a no further stay clause preventing you from going down the 186 direct entry route? I know it doesn't include a pathway to the temp res transition, but will it specifically prevent you from remaining in Aus by different means?

Sorry for all the questions. 

[VERYSTORMY]

If you look through the posts on the changes, one of our migration agents has posted a link for the lists seperatly. At the moment for reasons best known to the department and God, they have chosen not to make the two lists easy to see. Instead they are referring people to the single list which in effect contains both occupation lists. However, occupations on the TSS have very different positions.

[AlexJD]

Thanks Verystormy.

Can I just ask what you mean by "occupations on the TSS have very different positions"?

Having looked into this a bit more, doesn't seem to be anything to prevent a direct entry stream application once you're on the ground, in fact the border website clearly states that "temporary residents who do not qualify for the Temporary Residence Transition stream" are able to apply via the Direct Entry Route.

That just brings me back to the lists, as far as I can tell, as long as you're still on the MLTSSL or STSOL you are still eligible for the 186 visa, which was the case under both lists previous forms as the SOL and CSOL. The only difference being that 200 or so occupations have been cut.

Anyone have a view on this?

[PDonnelly7]

Hi AlexJD

 

Did you ever find the answer to your question? I'm on defacto 457 and want to apply for ENS via Direct Entry Stream. Occupation Project Administrator is on the STOL but also the combined MTLTSS and STOL list. It's v confusing and unclear since the changes were announced. I think since my occupation is on the combined list, I'm eligible to apply via Direct Entry Scheme.

 

http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists/combined-stsol-mltssl

Edited May 21, 2017 by PDonnelly7
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[AlexJD]

I concluded that it wouldn't work in my circumstances as I'm not already in Aus.

However, seems the combined list remains relevant to the 186 until March 2018. So, if you can get your application in by then you might be OK. Not clear whether you'd need to have submitted your visa app or had it issued by that point though.

[Raul Senise]

Some points that may add some clarity:

• TSS visa does not exist yet. It is proposed to be introduced in March 2018. Subclass 457 is still the current program;
• SOL and CSOL have been replaced by MLTSSL and STSOL;
• Currently any occupation on either list (both lists together are know as the Combined list of eligible skilled occupations) can apply for ENS direct entry;
• New subclass 457 applications on MLTSSL receive up to 4 year visa;
• New subclass 457 applications on STSOL receive up to 2 year visa;

[AlexJD]

Hi Raul

Just coming back to this, do you have an insight as to what impact the March 2018 cut off would have on STSOL applications for ENS direct entry that had not been granted by that point?

[Raul Senise]

No way of telling until the new Regulations for March 2018 are available, which will probably only be in March 2018. Until then it will all be speculation.