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482 to 186 Visa


Candshow

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Hi all....

 

I am hoping that some of you have gone to Australia on 482 visas & then converted to 186 visa??

 

My husband is currently in negotiations with his company about the move to Australia.  They want him there asap so want to do a 482 visa - medium stream - which is a 4 year visa.  Their immigration lawyer says we can convert to a 186 visa once in Australia - which leads to permanent residency.  How long after arriving in Australia can one convert to a 186?

 

I will be studying in the meantime & converting my degree so will hopefully be able to provide a back up for us to remain in Australia permanently.  Although I am unsure of how this will work - I assume I would need to find sponsored employment & have a 186 visa from the outset?  I have found the legal field to be quite closed off with respect to sponsorships but perhaps that is because I am not in Australia?

 

How often are 482 visas converted to 186??? What I mean is, are we guaranteed to have this be approved?  So stressed that we have to leave after 4 years.....

 

PS - can my husband enter on a 482 visa first & have us join him or do we all have to go together?

 

TIA

Edited by Candshow
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I went to Australia on the old 457 visa, which is now replaced by the 482 visa. My employer was not willing to sponsor me for the 186 visa when I was first offered the job.  After 2 years on the 457 visa I could then apply for permanent residency.  However, less than a year into being in Australia, the visa rules changed and the age cut off was reduced to 45.  It meant that I would have been older than 45 by the time the 2 years have passed.  I panicked, spoke to my employer, who was then happy to sponsor me for the 186 visa.  They were willing to do it once they knew me and were happy with my work.  Sponsoring someone for a permanent visa costs the company a lot  and they are not really willing to spend the money with no return.  You can also leave them as soon as you  have permanent residence, while you need to stay with them on the work visa.  One can understand the employer's reluctance.

Interestingly enough my employer is currently negotiating with someone else who insists on being sponsored for a 186 visa.  They really want him, but they also really do not want to say yes to the 186 visa.  They have been negotiating for months now.  He could have been here by now if he had wanted to agree to the 482 visa. 

The other issue from the employer's side is the time it takes to get the visa as well.  The 482 can be issued in a few weeks.  I have heard of people getting it in 2-4 weeks.  The 186 would take several months, I have heard anything from 6-12 months.  The 186 is also a multi step process.  You need English tests, skills assessment etc.  All of those take time to get.  The skills assessment can take 1-3 months (best case). The 186 visa is assessed in 3 steps.  The employer needs to be "cleared" as an employer, (mine is a large academic institution and thus already cleared.  For smaller employers this could be a real hurdle.) then they apply to be able to sponsor you (a few months), once that is granted you then do the application (another few months, for me this was 4, for a friend it was 12).  Even in a perfect case I do not think the 186 visa can be granted in less than 6 months (9-12 months being realistic as well), if you also add in the time waiting for skills assessment.  How many employers do you think would be willing to wait that long?

My suggestion would be to apply for both visas at the same time.  Your husband could then start working while waiting for the visa.  You can use the same medicals and police clearance for both visas. 

Your husband can enter on the 482 and all of you then apply for the 186.   The only disadvantage doing it this way is that you need to pay for both visas and it is not cheap.  The other advantage is that you get a bridging visa as soon as you apply for the 186, and you are entitled to Medicare under the bridging visa.

If your employer is cleared as a sponsor and the job is on the right lists and an immigration lawyer or agent thinks you are OK I think the chances of the 186 not being granted is slim.

 

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17 hours ago, Candshow said:

Hi all....

 

I am hoping that some of you have gone to Australia on 482 visas & then converted to 186 visa??

 

My husband is currently in negotiations with his company about the move to Australia.  They want him there asap so want to do a 482 visa - medium stream - which is a 4 year visa.  Their immigration lawyer says we can convert to a 186 visa once in Australia - which leads to permanent residency.  How long after arriving in Australia can one convert to a 186?

 

I will be studying in the meantime & converting my degree so will hopefully be able to provide a back up for us to remain in Australia permanently.  Although I am unsure of how this will work - I assume I would need to find sponsored employment & have a 186 visa from the outset?  I have found the legal field to be quite closed off with respect to sponsorships but perhaps that is because I am not in Australia?

 

How often are 482 visas converted to 186??? What I mean is, are we guaranteed to have this be approved?  So stressed that we have to leave after 4 years.....

 

PS - can my husband enter on a 482 visa first & have us join him or do we all have to go together?

 

TIA

 

There is no guaranteed pathway to permanent residence via a 482/TSS visa.  The way to look at it is that the 482 is aimed at assisting Australian Employers who require someone to work on a short-term basis as they have been unable to find a suitable Australian. 

This said it can be the only option as for the occupations that are on the medium to long term stream, assuming both you and the employer/position are eligible, it is possible after a period of 3 years working in the position for the same employer to apply for a 186 permanent residence visa via the Transition Stream of the 186 visa.  Therefore, recognise that there is some risk.  However, this may be other only option for some people depending upon their circumstances.  Converting is the wrong word for this you and the employer would be applying for a different visa.

 

You and the employer could apply for permanent residence at any time via the Direct Stream of the 186.  Many employers prefer to wait a while before doing this - you might discus this with your employer.
 

If eligible you might also look at the independent permanent residence skilled visas.

 

 

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  • 2 weeks later...

may i ask a secondary question - what if a person is here on a 482 short term visa - what options can be considered/investigated to change visas to be able to obtain PR?

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2 hours ago, Spider said:

may i ask a secondary question - what if a person is here on a 482 short term visa - what options can be considered/investigated to change visas to be able to obtain PR?

 

The Dept of Home Affairs have stated that 482 visa holders with occupations within the Short Term occupations lists will not be able to apply for a permanent residence visa via the Employer Nominated Transitional Stream.  

Depending upon eligibility you could still look at other potential visa options: the skilled independent visas or direct stream of the employer nominated visas.

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Thank you @TeeTMI

 

to do those we need to complete a full skills assessment, which was not required for the 482 short term (only ref letters of at least 5 years related work experience). this person has no degrees, has a certificate and a diploma i believe so would have to do an RPL through ACS for an ICT business analyst - do you provide assistance with this process or guidance? Ie if they require 8 years experience to support the RPL or 6, and if so, does that get deducted of your related experience that you have to illustrate for points (sorry been so long and different when I did mine)

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Hi All,

 

First time posting here, so I hope its ok to ask my questions here since they are closely related to this topic.

 

My wife and I are keen on making the move down under and we are both eligible for the 189/190 visas as both our occupations (Social Worker & Business Analyst) are in the Skills Shortage list. However, with the way things are, our current potential maximum points (70 and 75) will not be enough for an invite, based on the current 80+ requirement for 189 and 85+ for the pro-rata occupations. There is a possible option of getting the 482 visa this year and so my questions are:

  1. If we go to Australia on a 482 visa, with my wife being the sponsored candidate, can I, as the partner, then apply for the 189 Visa a year later, as I would have accrued more points (85) via having Australian work experience?
  2. Can my wife apply for the 189 visa after a year of working in Australia, even though she would be on a 482 visa?
  3. By some miracle, if the Pro-rata points requirements dropped to 75 points (my current points potential) after we arrive in Australia on a 482 visa, can I apply for the 189 visa? Can my wife do the same?
  4. I guess the simple and short question should have been; Are there any restrictions on the Visa's you can apply for while holding a 482 visa?

 

 

Edited by uVicta
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1 hour ago, uVicta said:

If we go to Australia on a 482 visa, with my wife being the sponsored candidate, can I, as the partner, then apply for the 189 Visa a year later, as I would have accrued more points (85) via having Australian work experience?

  1. Can my wife apply for the 189 visa after a year of working in Australia, even though she would be on a 482 visa?
  2. By some miracle, if the Pro-rata points requirements dropped to 75 points (my current points potential) after we arrive in Australia on a 482 visa, can I apply for the 189 visa? Can my wife do the same?
  3. I guess the simple and short question should have been; Are there any restrictions on the Visa's you can apply for while holding a 482 visa?

 

 

 

Welcome into the world of posting on the Forum uVicta.

Hopefully this will answer all your queries in one go.  There is nothing to prevent either you or your wife, submitting EOIs for the other skilled visa options and applying for a permanent residence visa whilst you hold a 482 visa.

If your aim is permanent residence then I would generally recommend considering this if eligible as the 482 has no guaranteed pathway. 

 

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On 5/30/2019 at 1:18 AM, TeeTMI said:

 

Welcome into the world of posting on the Forum uVicta.

Hopefully this will answer all your queries in one go.  There is nothing to prevent either you or your wife, submitting EOIs for the other skilled visa options and applying for a permanent residence visa whilst you hold a 482 visa.

If your aim is permanent residence then I would generally recommend considering this if eligible as the 482 has no guaranteed pathway. 

 

 

Thanks for the welcome @TeeTMI!

 

We are indeed interested in Permanent Residence but we are keen on leaving the country as soon as possible so any avenue that allows us to leave quicker, we'll take it.

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If you're eligible for 190, apply for that - the points requirement is often easier to reach. We got our 190 on my skills and our points was 65+5 (for sponsorship), at a time when the 189's all needed to be 75 points plus. You can apply for this now and apply for th 482 at the same time, with benefits: 482 should be granted quicker getting you here, and if your invitation was issued and you've applied for 190 you are even eligible for medicare etc. once you get to Oz.

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Hello uVicta,

From the information you provide it sounds like you have quite a few options available to you.  I would recommend contacting either Tee and/or myself in order to get a good understanding of the options available to you.

 

Regards

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35 minutes ago, Tntaglia said:

If you're eligible for 190, apply for that - the points requirement is often easier to reach. We got our 190 on my skills and our points was 65+5 (for sponsorship), at a time when the 189's all needed to be 75 points plus. You can apply for this now and apply for th 482 at the same time, with benefits: 482 should be granted quicker getting you here, and if your invitation was issued and you've applied for 190 you are even eligible for medicare etc. once you get to Oz.

 

I was going to mention that, at the moment you need 85 points for 189 as an accountant , but on 70 points you might get a 190 invite (and its cheaper) 

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  • 1 year later...

Hi, 

 

Related to this topic I have a query. I am on a 482 visa with Employer A, Employer B is willing to hire me, however, I asked them for PR 186DE visa (I am ready with skill assessment and English test scores as an eligibility towards 186DE). They said 186 DE takes time, instead, they would like to bring me over on a transferred 482 visa and as soon as I join they will apply for 186 DE, they will give this in writing to me on my contract/offer letter. Can I trust them?

 

Please advise.

 

Thanks.

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