Nelliwoo Posted May 23, 2017 Share Posted May 23, 2017 Hi I have just been issued with my 457 for 2 years under the new short term skills rules. My company are willing to sponsor me for a 186 visa and are willing to lodge the application before the March 2018 cut off date. What I'm trying to find out is, when the 186 application goes in, does that void my 457? What im afraid of is the 457 being invalid, the 186 not being granted and then I am left high and dry without any sort of visa to stay in the country. Can anyone confirm if this is what happens when the 186 gets submitted please? Thank you. Quote Link to comment Share on other sites More sharing options...
bella1458 Posted May 23, 2017 Share Posted May 23, 2017 (edited) 2 hours ago, Nelliwoo said: Hi I have just been issued with my 457 for 2 years under the new short term skills rules. My company are willing to sponsor me for a 186 visa and are willing to lodge the application before the March 2018 cut off date. What I'm trying to find out is, when the 186 application goes in, does that void my 457? What im afraid of is the 457 being invalid, the 186 not being granted and then I am left high and dry without any sort of visa to stay in the country. Can anyone confirm if this is what happens when the 186 gets submitted please? Thank you. Hi there, i've been through the process and asked the exact same question of my migrant agent as we had about a year left on a 457 at the time of putting in the application for 186 PR. The answer was no, a new visa application does not void your current visa, so your 457 remains in place until its expired date or until you are granted another/different visa & if your 457 expires before a new visa application is approved your go onto a bridging visa until the application outcome is reached. Hope this helps. We applied back in 2015 though so well before all the changes, we had been on a 457 for 3 years at the time. Are you sure you are still able to apply onto the 186 pathway if occupation is now on the shortlist? I thought part of the shake up with this visa meant they had blocked routes to PR for the shortlist occupations? Also you currently to need at least 2 years on a 457 before becoming eligible to apply for a 186/187 PR visa, I believe from March 2018 it'l be 3 years? Don't want to to put a downer on your plans but maybe sounds like you should double check with an agent as your company may not be aware of the most recent changes and your options. Edited May 23, 2017 by bella1458 Quote Link to comment Share on other sites More sharing options...
Nelliwoo Posted May 23, 2017 Author Share Posted May 23, 2017 Hi Thank you so much for the response. Yes I can still submit an application for PR under the direct line of sponsorship as long as my application is submitted before March 2018. That is the cut off point for the short skilled list to be able to apply for PR. I received this information from a MA. However, I was really confused after someone told me that as soon as you apply for PR your 457 isn't valid anymore, so could potentially only be here for a few months! So I will stay on my 457 until a PR visa is granted or until the 457 expires? Is that still the case if the PR gets rejected? Would I still be able to see out my two years on the 457? Thanks for your help, really appreciated. Quote Link to comment Share on other sites More sharing options...
bella1458 Posted May 23, 2017 Share Posted May 23, 2017 Just now, Nelliwoo said: Hi Thank you so much for the response. Yes I can still submit an application for PR under the direct line of sponsorship as long as my application is submitted before March 2018. That is the cut off point for the short skilled list to be able to apply for PR. I received this information from a MA. However, I was really confused after someone told me that as soon as you apply for PR your 457 isn't valid anymore, so could potentially only be here for a few months! So I will stay on my 457 until a PR visa is granted or until the 457 expires? Is that still the case if the PR gets rejected? Would I still be able to see out my two years on the 457? Thanks for your help, really appreciated. Yes that was my exact same worry also but my agent assured us even if the PR application wasn't approved our 457 would remain in place and run its full course. I hope you can apply, i'd be worried about the 2 year on 457 requirement though? Did you ask a MA about that? Its still a requirement of the current 186 pathway as far as i can tell . All the best! I know how stressful it is, we had absolutely no reason to worry when we applied back in mid 2015 but we still did, every single day until that email came through with our PR confirmation on it! I can't imagine how bad it is now with all the changes Quote Link to comment Share on other sites More sharing options...
Nelliwoo Posted May 23, 2017 Author Share Posted May 23, 2017 Thank you. oh the stress levels have been mega high! My 457 arrived on Monday and then the MA told me that I would have to get sponsorship and submit it for PR by March!! I was so embarrassed having to tell my company that I'd just received my 457 and now I need to apply for a 186! My husband is in New Zealand (we are from the UK) and he started saying tonight that if the PR makes the 457 invalid, then he's not coming over to OZ! So as you can imagine my stress levels went through the roof again! Ha! So to answer your question, yes I can apply for PR down the Direct access route and sponsorship as long as it's lodged before March. Thank you for putting my mind at rest, hopefully now I know my 457 stays in play regardless, my husband might actually come with me! ? Quote Link to comment Share on other sites More sharing options...
bella1458 Posted May 23, 2017 Share Posted May 23, 2017 No worries at all men are funny creatures don't you think! They throw toys out the pram when thing get a little complicated, I'm trying to get mine into the mindset to start his visa application in the next few weeks.... its like swimming in concrete at times he sees all the paperwork and just decides he'l do it next weekend! Except the same thing happens the next weekend If he doesn't do it il just go without him that should get him to pull his socks up! Can i ask how are you getting around the 2 year on a 457 requirement for the 186? as by March next year you'll have less then a year built up on the 457? I have a friend in the same situation as yourself, her 457 is still pending though & now her job is on the shortlist she'd worried sick about her route to PR Quote Link to comment Share on other sites More sharing options...
Samson Posted May 24, 2017 Share Posted May 24, 2017 One way is TRT which means 2 years with one employer means you do not need a skills assessment however If the employer is willing to sponsor someone for 186 Visa straight away under the direct route, that person will need or need to obtain a skills assessment this is a big part of of the deal because some skill assessment companies take nearly a year for a positive outcome and this would have a impact of getting in before the March Deadline. One thing no one is sure about yet, (I don't think anyway) is 186 visa's are taking around 8 months to process anyway, so if its like the changes that happened in April this year, then all 186 visa applications that have no been decided will be decided on the new rules, so its a uncertain time at the moment. Quote Link to comment Share on other sites More sharing options...
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