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Employer-sponsored PR 186


Tntaglia

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Hi everyone,

 

I hope someone has some experience in the 186 employer-sponsored visa world. We were originally planning to go 189 (I'm an actuary and we have 65 points) but since we're going with a job offer lined up, a migration agent I spoke to suggested that the 186 would be a better route, especially since it means we can forego the skills assessment based on salary. So we are now in the last phases of the job offer and my new employer now wants to bring me across on a 457 and then only sponsor us for PR after I've passed the 6 months probation period in Oz. I'm nervous about this, for a couple of reasons: If the PR doesn't pass for something like medical reasons (my husband has a couple of issues), we'll be in Oz on a 457 pretty much indefinitely and we're not sure we want to go if we don't have assurance that PR will eventually be possible. Also it has financial implications (tax, medical, schools etc) which all worry me. But I'm not on the ground in Oz and I may be blowing the risk out of proportion. Any thoughts? Been-there-done-thats? Anything I'm not considering?

 

I really really want this job and I'm excited about moving to Sydney and the contract negotiations are finally at a point where I feel comfortable with salary and the moving package etc - so I will probably sign on this basis, but would welcome comments. Thanks!
 

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1 hour ago, Tntaglia said:

a migration agent I spoke to suggested that the 186 would be a better route, especially since it means we can forego the skills assessment based on salary.

 

 

I suspect you chatted with the migration agent some time ago. 

 

There have been a lot of changes this year and more expected towards March 2018.  It is important to recognise that legislation can and does change over time. 

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12 minutes ago, TeeTMI said:

 

I suspect you chatted with the migration agent some time ago. 

 

There have been a lot of changes this year and more expected towards March 2018.  It is important to recognise that legislation can and does change over time. 

It was in June, so after the 457 changes but I didn't know there were others too - off to research!

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Hi Tbtaglia,

 

The rule regarding yor income no longer requiring a skills assessment has changed. Regardless of how much you earn you will still require a skills assessment for an 186 direct entry.

 

It would strike me that the simplest way for you to do this is to come across on a 457, once you are here apply for a 189 independently. But then again I am not an agent or anything. It just seems if you can apply for a 189, you should. It is the golden ticket after all.

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Hi Tntaglia, 

There is absolutely no question about it that you should rather go the 189 route, especially since you have sufficient points.  If you have the negotiating power the 186 direct entry route is second prize, but it would be first prize to obtain a 189 as you would then be completely independent of your employer.

 

I am here on a 457 visa, and really wished that someone had advised us to come over on a PR visa before we left SA.  We have been here for 2 and a half years, and we could have applied for a PR visa before we came over on my wife's qualifications.  That avenue is closing off as she turns 45 in October.  I am too old, so it would be a 4 year stint for me before I am eligible for PR.

 

My experience has been that the job market here is very tenuous, and if there are any concerns about the long term nature of your work, this would have the potential of jeopardising your immigration.  You are certainly not blowing the risks out of proportion.  Be cautious, get your 189 visa before coming over here, I cannot stress that strongly enough!

 

By the way, you wouldn't need to be on the 457 indefinitely.  If you are on the Medium term skills shortage list the visa only lasts for 3 years, but can be renewed, although I'm not sure how many times, probably only once.  Nevertheless, you would be able to convert to a 186 permanent residents visa after 2 years, as long as you are under 50 by then.

 

Another very important point raised by TeeTMI earlier is that, as we speak, the immigration law is undergoing change.  Australia is becoming much more difficult to immigrate to, with constant pressure from a political arena that has some right wing elements.  You never know what will take place in the next 2 years (or even 6 months) while you await becoming eligible for permanent residence.

 

If you need any further input, you are welcome to pm me or respond with any questions.

 

All the best!

Edited by TimeToGo
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