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Jade1991

New 457 after March

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Hi All,

My partners employer has offered a 457 visa but we are hoping we get an invite for a 190 visa prior to our visa expiry date which is the 14th March.

Our 190 nomination is being expedited but we are cautious of time.

My Question: If the 457 nomination has been submitted, can we still take up the 457 offer after 1st March?

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No. 457 nominations can not be linked to new visas under the new TSS system.

Be aware that the 1st of March introduction of TSS is unlikely.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Sorry I can't find the link but I read on a news article published about 3 days ago (through a Google news search) that if a  457 nomination has been submitted but the visa has not, the nomination will be cancelled and refunded (to the employer).  However if the 457 visa has also been submitted by the sponsored applicant when the TSS comes in it'll be processed as per 457 rules.

The webpage (or a similar one, also published 3 days ago) said the introduction of the TSS visa is expected within the first 2 weeks of March.  I'm presuming there'll be no notice and the 457 options on the online visa system will just disappear one day and be replaced by the TSS options. I assuming this but maybe others have seen visa changes come in and can further advise on any final notification of change which may come through (i.e. the  day before).  Seems unlikely though.

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Thank you Raul and GeeBee for your help. Thankfully our 190 invite came through last week! 

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Just a thought, but being as it hasn't transitioned to a TSS yet will 457 rules apply - as in if i applied right now with sponsorship from a job on the STSOL would i be able to upgrade to a 186/187 after 2 years like you can on the 457 or will TSS rules apply. 

 

Or do we just not know yet...?

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5 hours ago, lewisant48 said:

Just a thought, but being as it hasn't transitioned to a TSS yet will 457 rules apply - as in if i applied right now with sponsorship from a job on the STSOL would i be able to upgrade to a 186/187 after 2 years like you can on the 457 or will TSS rules apply. 

 

Or do we just not know yet...?

No, this will only apply to applicants who had already lodged a subclass 457 visa, when the changes where announced in April last year. Anyone after that time will need to meet whatever the new rules are.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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On 3/8/2018 at 20:13, Raul Senise said:

No, this will only apply to applicants who had already lodged a subclass 457 visa, when the changes where announced in April last year. Anyone after that time will need to meet whatever the new rules are.

Thanks for your reply Raul, i thought that would be the case but worth asking!

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do we know when the TSS will come in?  is there much difference?  when looking at the 457 on homeaffairs.gov.au is this all still the old rules? 

 

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9 hours ago, MarieValentine said:

do we know when the TSS will come in?  is there much difference?  when looking at the 457 on homeaffairs.gov.au is this all still the old rules? 

 

We still don,t know. It was initially supposed to commence in early March, but now Immigration has gone quiet and we are not sure when it will be introduced.

There will be many differences under TSS. Some of the major differences include:

  • No more training benchmarks;
  • Compulsory training contribution to skilling Australia fund;
  • Compulsory labour market testing with very few exemptions;
  • Higher English language for occupation on the Medium/Long term list;
  • Minimum two years full time employment experience.

 


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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1 minute ago, Raul Senise said:

We still don,t know. It was initially supposed to commence in early March, but now Immigration has gone quiet and we are not sure when it will be introduced.

There will be many differences under TSS. Some of the major differences include:

  • No more training benchmarks;
  • Compulsory training contribution to skilling Australia fund;
  • Compulsory labour market testing with very few exemptions;
  • Higher English language for occupation on the Medium/Long term list;
  • Minimum two years full time employment experience.

 

Thank you ? 

my husband works for an Australian based company so we have everything crossed for either a 457 (TSS) or 186 ENS ? is it better to wait for nominations to be approved before submitting visa or can we submit application once nominations is acknowledged? 

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If you are doing a 457, you need to do the nom and visa together, as a 457 nom cannot be linked to the new TSS visa.

If doing a 186, it depends on the circumstances. Lodging a nom and visa together will reduce the processing time significantly.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Can a 457 visa holder who wants to transfer to a new employer do so after the proposed changes? That still isn't clear but perhaps an RMA on here may have better insight?

I have a 186 TRT visa currently lodged but there may be some cut backs at work very shortly so Im looking at my options...

Edited by Parkesy


Marketing Specialist: TRT, LR, 1 Person, 186 ENS Approved 20/6/18

Working hol (June 2013), 457 (2014), 457 Transfer (2015)  457 MK2 (2016)

PR Applied: 05/08/17

PR Granted: 20/06/18

Citizenship applied for 28/06/19. 

Appointment letter received 18/10/19

Passed Test: 10/01/20 

Approved: 13/01/20

Status: 17th March (Melbourne City) 😎

 

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8 hours ago, Parkesy said:

Can a 457 visa holder who wants to transfer to a new employer do so after the proposed changes? That still isn't clear but perhaps an RMA on here may have better insight?

Yes, this will still be allowed under the new TSS system.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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no longer on the 186 list ......  with the TSS we are on the short term list so looks like only 2 years, if i read it right as we are applying in the UK we can get a 2nd 2 year visa after that... can we then get a PR if been there for 4 years? 

i am now really concerned about our options.  i dont want to uproot the family for 2 years

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2 hours ago, MarieValentine said:

no longer on the 186 list ......  with the TSS we are on the short term list so looks like only 2 years, if i read it right as we are applying in the UK we can get a 2nd 2 year visa after that... can we then get a PR if been there for 4 years? 

i am now really concerned about our options.  i dont want to uproot the family for 2 years

It was a lot to uproot a family for 4 years, even on the old 457, so I understand your concerns.  

There is never, ever, ever any guarantee that you'll get PR after 4 years.   The rules change too often.    If you look back in these forums, you'll find plenty of people who worked 4 years, then found that the occupation had been taken off the list and that was that - they had to go home.

If you're on a temp visa, you should always treat it as a short-term stay and if you get PR, that's a bonus.  


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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you are right,  we have had a good chat about it and there is the possibility of looking at the 190 visa, so all is not lost. my hubby wants to go for it regardless as it's better to have tried and at least given it a go than to not give the kids that chance even if it is only for 2/4 years....  i am torn... 

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34 minutes ago, MarieValentine said:

you are right,  we have had a good chat about it and there is the possibility of looking at the 190 visa, so all is not lost. my hubby wants to go for it regardless as it's better to have tried and at least given it a go than to not give the kids that chance even if it is only for 2/4 years....  i am torn... 

Give the kids what chance?  Check out some of the threads about whether kids are better off in Australia or the UK.   It is NOT clear-cut - there are pluses and minuses for both countries and if you put them on a scales, they pretty much cancel each other out.  And remember, if you're coming to Australia for 2 to 4 years and going home again, you'll be at least £50,000 poorer at the end of it (the cost of relocating halfway round the world, twice).  Just think what you could do for your kids with that money, if you don't spend it on the move.

If your husband's work is going to pay your relocation costs there and back, that's a different story - in that case, I"d say go for the adventure, you have nothing to lose.

Edited by Marisawright
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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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9 hours ago, MarieValentine said:

you are right,  we have had a good chat about it and there is the possibility of looking at the 190 visa, so all is not lost. my hubby wants to go for it regardless as it's better to have tried and at least given it a go than to not give the kids that chance even if it is only for 2/4 years....  i am torn... 

Kids? What the heck? You are contemplating moving from one first world country to another. Same issues. Same crap. But you stand to be at best 10's of thousands worse off. At best!  What in gods name does your husband think will be better for the kids?

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Sounds like you are speaking from experience.... why do you think it’s not the better life? I’m interested to get your perspective 

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I've known several families who have moved multiple times between countries while children were growing, sometimes from one first world country to another and often between countries with fairly different economic and social standings.  I suspect you'll find some who completely support the idea and for whom it has worked wonderfully, and likewise you'll find others who look back and wish they'd done things differently.  In most cases the employer was contributing a lot of financial support to the actual relocation costs, so that would certainly be a big deciding factor.

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3 hours ago, MarieValentine said:

Sounds like you are speaking from experience.... why do you think it’s not the better life? I’m interested to get your perspective 

Why do you think it will be a better life for your kids?  My two sons were born and grew up here but my friends' children back in the UK had a lifestyle that was just as happy and healthy as the one my two enjoyed.   

 

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15 hours ago, MarieValentine said:

you are right,  we have had a good chat about it and there is the possibility of looking at the 190 visa, so all is not lost. my hubby wants to go for it regardless as it's better to have tried and at least given it a go than to not give the kids that chance even if it is only for 2/4 years....  i am torn... 

Hi, I think it depends on what you have in the UK that is going to decide if Australia is better or worse for you. I was a single parent living in a council house on a sink estate on the outskirts of London. Australia has worked well for me. Whether it has been better I can’t say as I cannot live a parallel life to make a direct comparison.

It’s hard to say better or worse because who knows what would have happened if you had made the alternative decision. Just because someone becomes a drug addict in one country doesn’t mean they wouldn’t have in the other. People are still people. IYKWIM.

The main point is the cost of migration. Make no mistake you absolutely haemorrhage money! 

Good luck with whatever you decide. 

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