Employer Nomination Scheme (ENS) – Subclass 186 Visa

 

The Subclass 186 Employer Nomination Scheme visa is a permanent residency visa that requires the sponsorship of a nominating employer.

There are two separate pathways or streams for the 186 visa. You can satisfy the requirements of either stream before applying for the 186 visa. The streams are called the Direct Entry stream, and the Temporary Residence Transition stream.

 

Main eligibility requirements for 186 visa

 

In order to obtain a 186 visa, the visa applicant and the employer will need to satisfy a number of requirements, including the following key requirements:

  • Employer will need to satisfy the ‘training benchmark’ requirement, which generally means that it will need to provide training to its Australian citizen and permanent resident employees
  • If the visa applicant is applying under the Temporary Residence Transition stream, then the applicant needs to complete 2 years of full-time work as a 457 visa holder
  • If the visa applicant is applying under the Direct Entry stream, then generally speaking the visa applicant will need to obtain a positive skill assessment for the nominated occupation and have 3 years of relevant work experience
  • Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the role available to the visa applicant for that period
  • The role that the visa applicant is nominated to perform needs to align with an eligible occupation on the Consolidated Sponsored Occupation List
  • Visa applicant must satisfy the English requirement for this visa, or one of the available exemptions
  • Visa applicant’s salary must be consistent with the ‘Australian market rate’ for the nominated role

Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 186 visa. The above does outline the key requirements.

 

Professional assistance with applications

 

Our total fee for assisting with Subclass 186 visa and nomination applications is $4,000 (incl GST). We guarantee the following when engaged to assist with an employer sponsored visa (457, 186 or 187)*:

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. Also, in most instances, we are able to guarantee nomination and visa approval and we will refund you our professional fee if the applications are refused.
  • Free initial consultation – Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time).

 

Commitment that you make as a Subclass 186 visa applicant

 

In the visa application form, as the applicant, you are required to declare that you:

  1. Agree to work in the nominated position for at least two years
  2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the permanent residency visa is approved.

 

Common eligibility requirements

 

All 186 visa applicants need to satisfy the following common requirements:

  • You can apply for this visa if you hold a substantive visa, or a bridging visa A, B or C. If you hold a bridging visa, you won’t need to address Schedule 3
  • Age requirement
  • Equivalent terms and conditions of employment

 

Age requirement

 

You need to be under 50 years of age at the time that you lodge your application. There are only a few allowed exceptions to this requirement for those applicants that are 50 years of age or over which are outlined below:

  1. Ministers of religion nominated by a religious institution
  2. Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 who have been nominated by an Australian government agency
  3. Senior academics employed by a university in Australia
  4. Persons holding subclass 457 visas, who have a) worked for their nominating employer for at least the 4 year period preceding the visa application and b) been paid at least the Fair Work High Income Threshold for each of these 4 years (this pathway is only available through the Temporary Residence Transition stream)

 

Equivalent terms and conditions of employment

 

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment that would be provided to an ‘equivalent Australian citizen or permanent resident’ (known as the ‘market rate’ requirement). This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.

Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.

If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your salary is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).

 

Temporary Residence Transition (TRT) stream

 

To apply under the Temporary Residence Transition stream, you need to complete two years of employment with the employer that sponsored you for your 457 visa.

Employment with a different 457 visa sponsor can’t be counted towards the two years. Employment while holding a different visa can’t count towards the two years.

You need to have been working in the role that you will be sponsored for under the Subclass 186 visa application for at least 2 out of the last 3 years (excluding periods of unpaid leave). This also means that employment completed in a different role cannot be counted, even if you performed this role with the same sponsor.

 

English language requirement – TRT stream

 

You need to have ‘vocational’ English language ability which is satisfied if:

  1. You have obtained a score of at least 5 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland or New Zealand

You are exempt from having to satisfy the English language requirement if:

  1. Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum)
  2. If you have completed at least 5 years of full-time study in a secondary and/or higher education institution where all the tuition was delivered in English

 

Direct Entry (DE) stream

 

Generally speaking, you need to apply for and obtain a positive skill assessment for your nominated occupation from the relevant skill assessment body. You must have your positive skill assessment outcome at the time of lodgement of your visa application.

If you are not sure about which skill assessment body is applicable for your occupation, find the relevant ANZSCO on the Consolidated Sponsored Occupation List. This list states the relevant skill assessment body for each sponsorable occupation.

You are exempt from having to complete a skill assessment if your guaranteed annual salary falls within the highest Australian income tax bracket (currently $180,001).

You are also exempt from having to complete a skill assessment if you are a Subclass 444 (New Zealand citizens) or Subclass 461 visa holder (relative of a New Zealand citizen) and you have worked in a sponsorable occupation for the same employer for at least 2 out of the last 3 years (excluding periods of unpaid leave).

If you work in an occupation which requires mandatory registration or licensing, and the skill assessing authority is also the authority responsible for registration or licensing, then evidence of full registration or licensing will be sufficient evidence that you have the required skill for the occupation. You will not need to complete a skill assessment.

 

English language requirement – DE Stream

 

The English language requirements for the Direct Entry and Temporary Residence Transition streams are different.

You need to have ‘competent’ English language ability which is satisfied if:

  1. You have obtained a score of at least 6 for each of the four test components in an IELTS examination conducted within the last 3 years immediately before the lodgement of the application
  2. You have obtained a score of at least ‘B’ in an Occupational English test conducted within the last 3 years immediately before the lodgement of the application
  3. If you hold a passport from the United Kingdom, the United States, Canada, Ireland or New Zealand
  • You are exempt from having to satisfy the English language requirement if:
  1. Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum)

 

The application process

 

You can only lodge an application using the Department’s online portal.

You can only prepare the online visa application form once your nominating employer has at least started to prepare the nomination application for your role (which is also prepared using the online portal). This is because you need the nomination application TRN which will be issued to your employer once they have started to prepare the nomination application.

You can lodge your visa application while you are inside or outside of Australia (but you won’t be granted a Bridging Visa A that is associated with your Subclass 186 visa application if you are outside of Australia at the time of lodgement).

After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.

In my experience with NSW applications, normal processing time is 3-8 months.

.

Dependents who are over 18 – Functional English language ability

 

This applies for both the DE and TRT streams.

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  2. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  3. Achieved an IELTS average band score of at least 4.5 based on the 4 test components of speaking, reading, writing and listening in a test conducted not more than 12 months before the date of lodgement; or at the time of the processing of the relevant application to migrate; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

 

How much does this visa cost?

 

The below is just a list of the relevant government lodgement fees:

  • 186 nomination application: $540
  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

 

Secondary visa application charge (SVAC)

 

This needs to be paid if anyone in your application who does not satisfy the English language requirement that applies to them. However, as the primary applicant, you need to meet the English language requirement. If you do not meet the English language requirement – then one of the exemptions outlined above must apply to you. If one of the exemptions apply to you as the primary applicant, then you need to pay the SVAC if you also do not have ‘functional’ English language ability.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required.

As the primary applicant, if you don’t have functional English language ability, then the SVAC is $8,520. For other adult dependents that can’t demonstrate functional English, the SVAC is $4,520.

.

Frequently asked questions

 

  1. Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
    A: No
  2. Q: For the TRT stream, can I count work completed with a different employer?
    A: No
  3. Q: For the TRT stream, can I lodge my application before I complete 2 years of full-time work if I am close to completing 2 years?
    A: No – you must satisfy the 2 year requirement at the time of application

 

How we can help

 

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

* Subject to completion of assessment, and confirmation that we can assist with the application.

342 thoughts on “Employer Nomination Scheme (ENS) – Subclass 186 Visa

  1. aims

    Hi Peng,

    I am a Nurse and working full time with the same employer for the last two years. I am currently on 485(TR) visa and did not apply for 457 visa as, i had 485.

    Two months back my employer lodged my ENS nomination for PR. I was reading on DIAC’s web page about 186 and got confused.

    Do I need to complete two years on 457 visa to lodge PR? OR

    I should apply for 457 now and then i have to wait next two years to apply for PR ?

    My employer is renowned and I am specialized in certain areas but i can not wait next two years to get the PR as, i have already completed two years with the same employer.Is there any other way i can lodge PR. My employer is happy to do any paperwork.

    Thanks
    Aims

    Reply
    1. Peng Cheng Post author

      Hi Aims,
      The ‘2 year pathway’ is applies for those that work for 2 years on a 457 visa. So work on 485 doesn’t count. There is also the skills assessment pathway available.
      PC

      Reply
  2. Mike

    Hi Peng….i ve gone through most of your Q&A’s…..extremely helpfull and informative.
    You are definately a big “beacon on hope ” to all of us seeking priceles , effortless humble advice and direction..
    …on behalf of the past and the future PR applicants……THANK YOU….WELL DONE…
    God bless :)

    Reply
    1. Peng Cheng Post author

      Hi Mike,
      Thanks for the awesome feedback! Much appreciated. Certainly puts a bright spot on the day.
      Cheers
      Peng

      Reply
  3. Mark

    Peng,

    I’m currently 3.5 years into an SBS 457 visa and on 7 February of this year my employer applied to nominate my wife and I under the 457 Transition scheme for ENS permanent residency in the same position of my 457. Since I am 51 and would not qualify under any of the new age-exemption criteria post 1 July, we wanted to apply on 30 June or before to make sure we were under the old guidelines.

    When checking on nomination status for my company in early July, I decided to check on my visa application which was made 14 Feb. To my shock immigration stated they did not have my application, nor any proof of receipt or payment!

    I provided tracking information from Australia Post and it shows there is a valid post, but no confirmation of signature or delivery. Because of this and after many appeals, immigration has stated I do not have a valid application and to apply online under the new scheme. We do not qualify under the new scheme for an age exemption, so I am told we are basically out of luck and to re-apply for another 457, which is our least desirable option.

    Every document is signed in February or earlier, medicals done in December of last year, employer states I sent application in one week after nomination went in, but still DIAC will not show any flexibility.

    I contacted a friend in WA who is a senior level DIAC employee and they asked for clarification on the decision and were told that the decision stands, even though they have a valid tracking number, they do not have proof of signature or proof of receipt. Aus. Post says, it is a valid number in the system, but there is no proof of delivery, so sorry. I’m told since there is no valid application on file, there is no option for Tribunal Review once again out of luck.

    Any insight or other options to speak some sense into these people?

    Reply
    1. Peng Cheng Post author

      Hi Mark,
      Unfortunately, I have to agree with your friend. If DIAC is of the view that you didn’t lodge a valid application, as far as I am aware, you can’t appeal this decision. Personally, I can’t see a way around this and I think that you will need to meet the eligibility requirements of the new ENS visas that were introduced on 1 July if you want to pursue the ENS pathway. You can try and meet the following exception to the age requirement: Persons holding subclass 457 visas, who have a) worked for their nominating employer for at least the 4 year period preceding the visa application and b) been paid at least the Fair Work High Income Threshold for each of these 4 years (this pathway is only available through the Temporary Residence Transition stream. You can use the Direct Entry stream for the above three exceptions).
      Thanks
      PC

      Reply
  4. Raju

    Hi peng i had already apply the 186 nominaion for permanent residency from my work its almost 3 month and it already in case officer hand i just want know if the owner wants to withdraw the nomination what should we do on that case shall we have to leave the country or any another way to leave in australia pls suggest

    Reply
    1. Peng Cheng Post author

      Hi Raju,
      If your employer withdraws the nomination application, then the visa application can’t be approved. You’ll need to comply with the conditions of your current visa and leave before it expires.
      PC

      Reply
  5. Michelle

    Hello Peng

    I’m currently applying for the 186 visa – the Temporary Residence Transition.
    I have a question about the supporting evidence in the nomination part -the check list requests for payslips. Is that all payslips since i have worked with my employer or just for the two years that is required for the visa. I am paid weekly so it is a lot of paper?

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      You probably don’t need to submit all the payslips, maybe one a month for the last 2 years.
      PC

      Reply
  6. Michelle

    Hi Peng,

    Thanks for your advice. Please may I ask another question. My original contract is dated from 2010 which has my base salary. Since then i have had a pay rise, do i need to get my employer to amend it or can we leave it as is and just put my base salary on the online form?

    Many thanks

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      You don’t need to update the contract – your employer will need to confirm your current salary in a supporting letter.
      PC

      Reply
  7. Norrette

    Hi Peng

    My boyfriend lodged his 186 visa applcation within the last month and is waiting on a response. What are our options for me to go defacto on his visa? I currently hold a 457 visa and we meet all the requirements for being in a defacto relationship.

    Regards
    Norrette

    Reply
    1. Peng Cheng Post author

      Hi Norrette,
      You can be added to his 186 application as a de-facto partner – should be able to do this as long as you get it done before a decision is made.
      PC

      Reply
  8. Sal

    Hi Peng,

    I am on 457 visa since December 2011. My contract with my employer runs until March 2015. My employer is happy to sponsor/nominate me for a PR application but my employer is not sure if there will be funding available for my position after March 2015. Is it compulsory to have the position available for 2+years from the date of application? What is the date of application in this case: the date when employer launches the nomination application Or the date when i launch my application after getting the nomination?

    Thanks,

    Sal.

    Reply
    1. Peng Cheng Post author

      Hi Sal,
      Your employer needs to have the intention to offer you the nominated role for at least a 2 year period from the date of visa approval.
      PC

      Reply
  9. Kevin

    Hi Peng,

    I have just stumbled upon your website and I must say it’s fantastic! I am so impressed by your dedication and commitment to helping others in need of advice! I was hoping you may be able to suggest a course of action for my situation :-)

    I realized when I was completing my subclass 186 ENS Transition Stream visa application in May 2013, that my employer had nominated me in the position of Arts Administrator, when my original 457 visa was granted in the role of Project Administrator. My actual position has not changed and I am still in the same role that I have been in for 2.5 years just with a few extra responsibilities which would have been reflected in the position description that my employers sent with my nomination. This concerned me as I am aware that it is a prerequisite when applying for the ENS Transition Stream Subclass 186 visa that an applicant is nominated in the same position that they held on their 457 visa.

    I raised this issue with my employer before putting my own application in and they informed me that it wouldn’t be an issue and that I should put my application in with Arts Administrator as the nominated position to match what my employers had on their application. My HR manager then sent an email to immigration notifying them that they had changed the ANZSCO role because it better suited my position, but that I was still in the same job I had always been in. She didn’t receive a response.

    I have since read on other discussion forums that other applicants have had their applications rejected for this very reason. Some of these individuals had already waited eight months before they were notified. I am somewhat worried that the same thing might happen to me and I wondered if there is anything that I should do to rectify the situation whilst my application is still in it’s early stages?

    Should I contact DIAC and notify them now whilst I have only been waiting two months to see if it’s not too late to change? I received my visa application acknowledgement letter back on 14 May 2013, and my visa status is “in progress” when I check online. Does this mean that they may have already noticed this and that it’s not an issue? I don’t want to flag this as a problem if they might have already overlooked it, but at the same time I don’t want to wait eight months and then have my visa denied on these grounds.

    Can you advise?

    Thanks so much!

    Kevin

    Reply
    1. Peng Cheng Post author

      Hi Kevin,
      Yes the role needs to match the exact ANZSCO code for your 457 visa – the discrepancy will likely lead to refusal (in fact, I think that this is the only possible outcome). You can’t change the application once it has been lodged. And I doubt that this problem will be ‘overlooked’. Unfortunately, You may have to re-lodge the application.
      PC

      Reply
  10. D

    Hi Peng

    Is the $180,001 annual salary basic salary or guaranteeed package – so could it include car allowance, super etc i.e. everything bar bonus?

    Reply
    1. Peng Cheng Post author

      Hi D,
      The 180,001 or over salary can only include guaranteed payments, so no bonus and no superannuation.
      PC

      Reply
  11. Ann Deng

    Hi Peng,

    I was holding a 485 and have worked for the same employee for the last 2 years as landscape architect. My employee has applied 186 before 1 Jul 2013 for me. I am not yet put in my part.

    I am notice after 1jul 2013 we need to have 3 years work experience before I apply 186. (Will this affect me because I have not apply my part? )Now the immi officer email and ask for more company information (eb. pay slip) but didn’t mention anything about I am not qualifying or the 3 years experience.

    I am so confused, shall I withdraw this 186 and apply for 457 or I am still qualify for this 186 so I just apply my part and wait?

    Very much appreciate your help.

    Kind regards,

    Ann

    Reply
    1. Peng Cheng Post author

      Hi Ann,
      At the time that you apply for the 186 visa, you need to demonstrate 3 years of relevant and full-time experience. This requirement only applies to the visa application, and it does not apply to the nomination application.
      PC

      Reply
  12. dave

    Hi Peng,

    I just chanced to see your website and wanted to ask you some questions on 186 direct entry visa:

    i am holder of subclass 444 visa and in process of applying 186 visa through ENS. working for the employer for the past 4 years now and the occupation is on SOL list with employer willing to sponsor. My question is how relevant is the previous work experience prior to 4 years in the application process ,as i understand the application requires employment details of previous 10 years. Do I require to submit the proof of previous employment?. If so what documents will be required? My previous work experience prior to 4 years is not in the current field

    Any help in answering this question is highly appreciated

    Kind Rgds
    dave

    Reply
    1. Peng Cheng Post author

      Hi Dave,
      In terms of demonstrating work experience, you will need a work reference which outlines the duties of your role. You will also need to demonstrate that the employment was paid, such as through payslips.
      PC

      Reply
  13. Markus

    Hi,

    I am currently applying for PR and am on a 457 visa. My employer just got a new 457 for me as a bridging visa towards my PR. Unfortunately for this second 457 my employer had nominated me under a different ANZSCO code by mistake (it’s already granted).

    I am trying to get into the Temporary Tranistion stread but I had only been on my first 457 with the old ANZSCO code for 22 months and hence do not fulfil the requirement of working in the same ANZSCO unit group for 24 month as my new 457 is under a different code (for 2 months now).

    The thing is that I’ve never changed roles within my company, it just has been a mistake to nominate me under a different skillset.

    Is there any way of getting that fixed so that I can get into the Temporary Transition Stream?

    Kind Regards, Markus

    Reply
    1. Peng Cheng Post author

      Hi Markus,
      It is not possible to change a Direct Entry stream application to a TRT stream application. It sounds that the application will not meet the relevant requirements just based on the above.
      PC

      Reply
  14. lovely

    Hello Mr Cheng
    Thanks for your sharing valuable information.

    In my case,I am Pastry cook. I have 2 year experience on 457 visa and 2 and half year part time experience during my study.
    My TRA Skill is assessed and recently i got 6 each band in IELTS.
    My problems is my owner is selling bussiness so please advice me,can i apply 186 Direct entry with another Employer on bases of my experiences.
    In addition what are other possible options for me to apply PR.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Lovely,
      Based on the above – you appear to meet the skills and English requirement for DE 186 visa. I can’t determine whether you meet the other requirements. Perhaps consider state sponsorship as SA does sponsor pastry cook.
      PC

      Reply
  15. Denise

    Hi there, my boyf is applying for the visa 186. We are almost 4 years together and have more than enough evidence. It is quite hard to find what exactly we need for the application. Do we need a statement from friends/family? Also,in the online application, there is only a “add migrating family member”? We are not married and do not have our relationship registered, how can I be added on to it?
    Many many thanks, Denise

    Reply
    1. Peng Cheng Post author

      Hi Denise,
      You would still be considered to be a family member on the basis of your de-facto relationship.
      Statements from friends and family can help.
      PC

      Reply
  16. Erwin

    Hi Peng,
    I am 457 Visa Holder, has arrived and started to work less than a week ago from today but I would like to change employer already.
    Partly the reason of change of an employer is because of personal preference of the town I lived in.
    Question is when ever I would find a prospective employer from Tasmania that willing to sponsor me for employement, can I apply for ENS for this new prospective employer since I am holding 457 and has recently just arrived less than a month? would they allowed that ? and will the 457 status be revoked once the ENS came thru?.
    Thank you for your kind reply.
    Erwin

    Reply
    1. Peng Cheng Post author

      Hi Erwin,
      You can lodge a valid ENS application, even if you have only held a 457 visa for less than one month.
      If the ENS is granted, it will replace your 457 visa.
      PC

      Reply
  17. Wei Yu

    Hi Peng
    I’m currently on 457, my boss is considering changing his business name and we may trade as 2 different trading names. Could you please let me know if this affect my visa because I think different trading names would have different ABNs?
    Thanks for your help
    Yu

    Reply
    1. Peng Cheng Post author

      Hi Yu,
      Generally speaking, when you change ABN you change the legal entity that you are working for. That new entity that you will be working for needs to apply for sponsorship and have your 457 visa sponsorship transferred to it.
      PC

      Reply
  18. jon

    hi,

    my company sponsored me for a 186 visa and when approved made me sign a document saying that i did leave the company within a year that i would have to pay back all associated costs. i am not planning to leave before the year is finished, but someone told me recently that it is illegal for them to hold me to such a clause.

    is this correct?

    thanks

    jon

    Reply
    1. Peng Cheng Post author

      Hi Jon,
      Migration law does not prevent the company from entering into such an agreement – this is fine under Australia migration law.
      PC

      Reply
  19. Nienke

    Hi Peng,
    My husband has a job offer with sponsorship for 457 visa. As he would
    be too old to apply for 186 transition after 2 years, is it possible for him to apply
    fir the 186 direct entry after 6 months of working on the 457? The company is willing
    to sponsor him for that too. The wording on the immigration website is a bit unclear,
    I can’t figure out whether it says if you have not had a 457 for 2 years at all or if you can apply
    for this visa if you have not had the 457 for 2 years yet.
    Thank you,
    Nienke

    Reply
    1. Peng Cheng Post author

      Hi Nienke,
      He doesn’t need to work for 2 years to apply under the DE stream. He should be able to apply for the DE stream at any time, assuming that he meets the requirements.
      PC

      Reply
  20. dimi

    Hi Peng,

    I obtained a PhD in Physics. Since August 2012, I have been working as a postdoctoral research fellow in a university and my contract would be extended for 1 more year until the beginning of 2015. My current visa is 457 and I have been under this visa since January 2013. I also obtained a positive skill assessment from Vetasess.

    I would like to apply for PR. However, I do not want to apply for visa 190 since it is required that I must stay in the state at least 2 years. So if I do not have a job offer, this would be a big problem. I am considering to apply for visa 186 with direct stream entry or transition stream.

    In my understanding, if the uni nominate me, they must provide an evidence that they offer me an employment at least 2 years. Is it correct?

    If my uni does not nominate me, is it possible for me to submit EOI for state nomination for visa 186? How is the possibility to have the state nomination for this visa?

    My boss is a full professor and a research group leader. Can he nominate me instead of the university?

    Can you please also advise me the best option for my case?

    Thank you very much and look forward to hearing from you.

    Dimi

    Reply
    1. Peng Cheng Post author

      Hi Dimi,
      In my understanding, if the uni nominate me, they must provide an evidence that they offer me an employment at least 2 years. Is it correct?
      Yes this is correct.
      If my uni does not nominate me, is it possible for me to submit EOI for state nomination for visa 186? How is the possibility to have the state nomination for this visa?
      No your employer must sponsor you for the visa. No you can’t use state sponsorship.
      My boss is a full professor and a research group leader. Can he nominate me instead of the university?
      No.
      PC

      Reply
  21. hentjie

    Hi Peng,
    My husband and I are both working under the same employer (457 visa) for almost 2 years now. It is my husband who is the main visa holder. As a dependent, is it possible if we’ll request the employer to sponsor me as the applicant for ENS 186 transition entry. We are both nurses.

    Thanks,
    Hentjie

    Reply
    1. Peng Cheng Post author

      Hi Hentjie,
      You may be sponsored under the DE stream, but the TRT stream is only for primary 457 visa holders who have completed 2 years of work.
      PC

      Reply
  22. Virginie

    Hi Peng,

    I am a remedial massage therapist from France but now accredited with an australian professional association. I received a positive skills assessment from vetasses, have 9 years of professional experience and recently obtained an 8 at the academic IELTS.
    I work in a physiotherapy clinic as a remedial massage therapist but being in Australia with a student visa, my working rights are at the moment limited to 20h/week.
    Last month, another massage therapist quit her job at the clinic which led to a noticeable increase of my working hours. Currently, I have to ask people to wait for 3 weeks to make an appointment with me.
    Plus, my boss recently signed a new lease for a room to expand the clinic, expecting the clientele to grow even more in the next few months.

    My boss is ok to nominate me for a 186 visa (direct entry). She’d like to do the nomination now ( my student visa expires in less than 3 months) meaning that she needs to provide a full time contract specifying the number of hours worked per week.
    Unfortunately, at the moment we don’t know exactly whether I will work 30, 35 or 38 hours a week! Can she provide a typical full time contract for the nomination now and then, eventually adjust the hours in a few months when we have a better idea of the number of patients?

    Also if the permanent residency is granted, will I be able to do extra hours as a self employed person, with my own abn?

    Thanks,

    Virginie

    Reply
    1. Peng Cheng Post author

      Hi Virginie,
      The employment needs to be FT, which is defined as: For the purposes of regulations 5.19(3)(d) and 5.19(4)(d), ‘full-time’ is, under policy, defined as being at least 35 hours a week. Delegates must be satisfied on the basis of the employment contract that the nominated position provides employment for at least 35 hours a week.

      Yes you can work on a self-employed basis as a 186 visa holder.
      PC

      Reply
  23. Ange

    Hi Peng

    First I would like to commend your website, it’s a big help to many who are seeking advise. And thank you for making time in your busy schedule to post a reply. More power to you and your team.

    I have lodge my ENS 186 application under Direct Entry on 7th July 2013, on 14th October I received a call from my case officer that the IELTS test that I have submitted have expired. She has given me two options, to withdraw or be refused. I have decided to withdraw, she told me I can’t get any refund. That’s sad. I’m sitting for IELTS test this coming 9th November 2013. My concern is , the Nomination letter stated that visa application should be lodge within 6 months. What will happen if after 6 months? Will it become invalid? The letter was dated 23rd May 2013, can I re-lodge my application before 23rd November 2013 while waiting for the test result?

    Hoping for your kind assistance in this matter.
    Thank you

    Kind regards
    Ange

    Reply
    1. Peng Cheng Post author

      Hi Ange,
      You need to lodge within 6 months of the 186 nomination approval date, or the visa can’t be approved. The relevant requirement is:
      187.233(6) The application for the visa is made no more than 6 months after the Minister approved the nomination.
      PC

      Reply
  24. Kevin

    Hi Peng
    Thank you in advance for taking the time to answer this question.
    I have worked for the same employer since March 2012, in September 2012 I was sponsored on the 457 visa, I would really like to apply for PR and my employer is willing to nominate me. My question is, March 2014 can I apply for the 186 transition visa as I would have worked for the same employer in my trade for two years or do I have to wait until September 2014?? Do I have to be on the 457 with the same employer for two year??

    Many Thanks
    Kev

    Reply
  25. Allana S

    Hi Peng,

    I must commend you on your work here by answering everyone’s enquiries professionally. You’re simply amazing. Kudos to you.

    I happen to come across this website while finding an answer. I really hope you can help me here. I’ve recently sponsored by my employer for 186 and the nomination has been approved. They need me to start work in January 2014 which also means if I were to lodge my application offshore, visa won’t be granted by then for me to enter australia.

    Can I enter australia now as a tourist (with my whole family) now, and apply for the visa onshore? Can I also apply for work permit while on a bridging so that I start my contract with my employer? Is this option viable? I’m skeptical as the immigration might suspect us with the intention to overstay as a tourist and question why are we (the entire family of 6) moving all our personal belongings to AU (with only a visitor visa). Will they quarantine us and grill us for an answer? I’m worried.

    Thank you Peng.

    Reply
    1. Peng Cheng Post author

      Hi Allana,
      Thanks for the kind words.
      With a visitor visa, you should have the intention of visiting Australia on a temporary basis. Since the nomination has been approved, the Department will have records to show that you want to live here permanently. You may be ‘grilled’ at the airport – I have heard of cases where the Department has turned people around at the airport because they determined that you are not a genuine visit – which is hard to argue against.
      You can try coming on a tourist visa and then lodge an onshore application – you can apply for work rights as a bridging visa holder. However, the inherent risks are outlined above.
      PC

      Reply
      1. Allana S

        Thank you so much Peng for your advise.

        That’s something that I expected. :( Do you think if I can travel to Australia after lodging 186 now, and apply bridging to enter Australia in Jan?

        The last time i checked before it was changed to DIBP, the immi website said applicants can apply for bridging to enter the country if they are waiting for decision. Is this viable and can we actually do it?

        Allana

        Reply
        1. Peng Cheng Post author

          Hi Allana,
          I don’t think that you can do that – a bridging visa is normally granted as a result of lodging an valid visa application while you are in Australia. The bridging visa is to allow you to remain in Australia while a decision is pending on your visa application. If you are lodging an offshore application, you won;t be able to get a bridging visa that will allow you to enter Australia.
          PC

          Reply
  26. Mike

    Hi Peng,

    This could be the question shouldn’t to ask you.

    Do you know what would be thetime line for visa process for ENS 186 Temporary Transition Stream??

    I have applied my visa and nomination on22.6.13 – Occupation : Chef , Passport : India

    Thanks
    Mike

    Reply
  27. Claire

    Hi – my application is in visa my work for a 186 visa. I checked the status today of my application and it said “IN PROGRESS”
    Does anyone know what this means / Is it a good sign / how long will it be on this status for?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Claire
      “In Progress” simply means the application has been lodged and that the decision pending. It is not possible from this status to determine how long it will take or whether it will be successful.
      PC

      Reply
  28. rebecca

    Hi,

    My eomplyer is willing to nominate me to apply for my ENS 186 visa through the direct entry stream. I have not completed the two years, but I believe with this streamof entry it is not necessary.

    I am nervous about being made redundant after lodging my aplication (as it can taker up tio 6 months). What happens if I get made redundant mid-way through the process – does that risk my PR coming through, does the company have to notify the immigration office?

    thanks!
    Rebecca

    Reply
    1. Peng Cheng Post author

      Hi Rebecca
      As stated above, in lodging a 186 visa, you and your employer make a commitment for you to be employed in the nominated role for 2 years.
      If at the time of decision by the Department, you or your employer cannot make this commitment, then the 186 application should be withdrawn.
      PC

      Reply
  29. AJ

    Hi Peng,

    First of all thanks for you time.

    My question is regarding 457 visa?

    1) I have got my 457 visa granted on 20 March 2012. But due to my some personal reason I couldn’t start my job on time and that is the reason I commenced my job late and my salary started after approx 2 months later June 2012.

    2) Is that any affect on my 186 visa or I can still apply my 186 visa on March 2014 on my visa granted date or wait for another 2 months (June 2014 -salary started) Because on the immigration checklist it is showing we need some payslips along with the 24 months tax returns.

    Also do you have any other branch in Melbourne.

    Please guide me.

    Thanks
    AJ

    Reply
    1. Peng Cheng Post author

      Hi AJ,
      To apply under the TRT stream, you need to complete 2 years of work as a 457 visa holder. Just holding the visa for 2 years is not sufficient. You can only lodge the application after you have satisfied this requirement.
      PC

      Reply
  30. mukiii

    Hi peng…
    To apply for 186 I have to show three year full time experience as a chef .Is that possible to show overseas experience because in Australia I have two years full time experience working under same employer.

    Reply
  31. Sheila

    Dear peng,

    Last time I asked you how long does it take for CO to confirm nomination visa 186 and you said depend on CO workload but now it’s been almost 10 weeks working days now since but still we haven’t heard anything. Is it normal?.

    The reason is we are planning to go away for Christmas and do you think we can make a request to CO to work on my application cause we don’t want to apply for bridging B and my application will be put aside.

    Thanks for letting me know

    Sheila

    Reply
    1. Peng Cheng Post author

      Hi Sheila
      10 weeks is a normal processing time for the 186 applications. Usually we advise our clients that it takes approximately 3-6 months processing time and the fastest we have seen for a decision-ready application was a 3 month turnaround.
      Regards
      PC

      Reply
  32. Bik

    Hi Peng,
    I finished my Bachelor of Business (Information System) in 2013 and successfully assess my degree as System analyst. I have scored 6.5 each in IELTS. I started working in company in 2011 during my study as sub contractor (ABN). My company is operating since 2011 and completing three years in business in 2014.
    My question, is it possible that they can Sponsor me under 186 direct entry stream. Or my experience should be after my study?

    Thanks and Regards
    Bik

    Reply
  33. nav

    dear PC,
    I am registered nurse holding 457 visa since July 2012 . I applied for 186 visa in direct entry scheme from same employer
    unfortunately I could not get 6 in each module in ielts. my application was lodged in august 2013 on behalf of second payment which is $ 8520 to exempt from ielts. my application has been refused. I have applied for MRT and continuing my work with same employer. my 2yers will be finished in july 2014 . have you any idea about rule which was made in july 2013 that primary applicant can pay 8520 to get exemption in IELTS

    Reply
    1. Peng Cheng Post author

      Hi Nav
      Under the 186 visa, the primary applicant needs to meet either the English language requirements or be exempted from satisfying this requirement, ie if you are earning more than $180,000.
      Only if you are exempt (ie income is greater than $180,000) and you don’t have functional English are you required to pay the $8,520 fee.
      If you are not exempt (ie, income less than $180,000), you as the primary applicant cannot satisfy the English language requirement simply by paying the above fee.
      PC

      Reply
  34. Lovy

    Hi peng,
    Just wanna say thanx for taking out ur valuable time to helping every one.

    I have a small worry.. I am on 457 visa and have applied 186 visa in direct stream on 26 nov 2013 with all the requirements needed. As i am on 457, do u think they will stop my visa processing if i travel overseas?

    Or it happens only if u holding a bridging visa?
    Thanks peng.

    Reply
  35. Wei Yu

    Hi Peng

    When they say processing time is from 2-8 months for the 186, does that start from the date the employer submit their SBS application or from the date the employee submit his/her application?
    Thanks for spending your valuable time on my questions

    Yu

    Reply
    1. Peng Cheng Post author

      Hi Wei Yu

      If the 186 nomination and visa applications are submitted together, then it is likely that the same case officer will assess your application and that the standard processing period will be 3-6 months.

      If these applications are lodged separately, then it is likely that different case officers will take on these cases. It will take them each the standard processing time of 3-6 months for them to process these applications.

      How quickly the case officers will process these applications will depend on their respective case loads. You should also take into account the fact that the holiday period may add a few weeks to the processing time.

      PC

      Reply
      1. Yu

        Thanks Peng
        Your answer is very informative.
        The reason I asked because I don’t want to submit my applications until I know the nomination is approved, otherwise I lose $3k. So that mean I should expect to wait 6-9 months until the final decision is made, am I right?

        Yu

        Reply
          1. Yu

            Thanks Peng
            Sorry for another question, about the “post qualification” experience requirement. I have 2 degrees, got the 1st one in my home country and worked full time for 1.5 year before coming to Australian and got the 2nd one, I’ve gained nearly 2.5 years experience now. Can I use the full time experience oversea? They said “post qualification” but they aren’t clear which one

            Regards
            Mia

          2. Peng Cheng Post author

            Hi Mia,
            If you are talking about the 3 years of experience for the DE stream of the 186 visa, policy states:

            The applicant must have been employed and actively performing the duties of the nominated occupation for a period of at least three years after obtaining any qualifications that would allow them to work without restriction in the occupation. They must have been fully skilled to perform the duties specified for the occupation. Any periods of work as an apprentice, trainee, assistant or other developmental role for the occupation do not count towards the three year full-time work requirement.

            So it depends on the qualifications that you hold, and whether it is relevant to your nominated occupation. You can count time after you have obtained a qualification that is relevant, and at the appropriate level.
            PC

  36. Arun

    Hi Peng!
    I am arun from India. I was a student of age 28. Recently, my parents obtained ENS 186 visa! But during the lodgment application, they have not included my name under including family members !
    Currently , I just want to know is it possible to re-include my name though they have already obtained 186 visa. But, I don’t want to apply for child visa 101, as it may take a long time.

    Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Arun,
      You can’t be added to the 186 visa if it has already been granted.
      In relation to the 101 visa, you need to be under 25, or demonstrate that you are unable to work due to a disability and dependent on the sponsoring parent.
      PC

      Reply
      1. Arun

        Thank you Peng for your kind and quick response. I want to more explain you my current situation. Even though, my parents have already obtained ENS nomination approval including me(nomination has been granted for all applicants), the final visa decision has not yet been made to anyone.
        My questions are:
        1. Since final visa decision has not been made for my parents, what’s the current possibility of including my application under “including family members/depending children” of ENS 186, though I am 28 and financially dependent on sponsering parents?
        2. Does my inclusion under ENS 186 affect to my parent’s final visa decision?

        3. If is not possible to include me in my parents ENS 186 application right now, then what are the other possibilities of appying a visa for me related to this situation?

        Reply
        1. Peng Cheng Post author

          Hi Arun,
          1. If the visa hasn’t been decided yet, you should be able to add yourself as an applicant by completing Form 1436 and submitting this to the Department. You need to submit evidence demonstrating your financial dependence on your parents. You need to demonstrate the following under the law:
          ‘reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter’
          2. You need to meet the relevant requirements, like health and character. If you do not satisfies the health and/or character requirements, this can lead to the refusal of your parent’s application
          3. Child visa is not an option since you are over 25. If you can’t be included in the 186 visa, you may have to find your own basis for applying that is independent of your parents. I can’t really suggest anything because I don’t have enough information
          PC

          Reply
  37. John

    Dear Peng,
    Thank you for your reply.
    I just want to know if rsms visa holders can study? If they can then what will be the status of the visa holder?
    Since, regional areas may not have various courses to offer, what might be the condition regarding this matter?
    Thank you.
    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      RSMS visa holders have permanent residency so they are allowed to study. The commitment is just to work in the nominated role for 2 years – there is nothing preventing a RSMS visa holder from studying.
      PC

      Reply
  38. Jeff

    Hi Peng and happy new year. Thanks for the great answers to the questions out here.
    I’ve been working on the 457 for 3.5 years as an Enrolled nurse and whilst doing this, just completed my Bachelor and now a registered nurse. I’m going to ask my employer to sponsor me under the TNT using my x ober 2 years of working with same employer with 457. My question is, does any job on the 457 qualify after 2 years on the visa?
    More so, i’d love to get some professional assistance to proceed with the whole process. cheers

    Reply
    1. Peng Cheng Post author

      Hi Jeff,
      As stated above, you need to complete 2 years of work in the same role that your employer will be sponsoring you for in the 186 application. If you have been working as a registered nurse, and you will be sponsored as a nurse for the 186 application, then this requirement should be satisfied.
      PC

      Reply
  39. Lakmi

    Hi Peng,
    My friend has 457visa .457 visa period will finish 20/01/2014.Employer already applied to 186 pr visa application for him.Now his employer said to him, he is not working well.So employer said he will withdraw my friends 186 visa application.But my friends contract period will finish 25/03/2014.can the employer withdraw my friends visa application and can my friend take any legal action for that? After the 457 visa time over can he stay in Australia any more?
    Thank you,
    Lakmi

    Reply
    1. Peng Cheng Post author

      Hi Lakmi,
      The employer can’t withdraw the visa application, but they can withdraw the nomination application. If there is no nomination application, then the Department will need to refuse the visa application, or your friend can withdraw this application.
      I don’t think that he can take legal action against the employer for withdrawing the sponsorship.
      He certainly shouldn’t overstay his visa.
      PC

      Reply
  40. Chris

    Hi Peng,

    I am on 457 visa and it will be 2 years on 23rd Feb 2014 (same company) and im looking to apply visa 186 via Direct Entry stream or Temporary Residence Transition stream . Does it cost the company to nominate me? and is it a requirement to work at least 2 years with the same sponsoring company or I am allowed to change job? And what happen if I do change job or company decides to withdraw sponsorship?

    Chris

    Reply
    1. Peng Cheng Post author

      Hi Chris,
      The company would need to lodge a 186 nomination application which does have associated costs.
      As stated above, as part of the visa application form, you sign off on the following declaration:

      1. Agree to work in the nominated position for at least two years
      2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

      PC

      Reply
  41. Syed

    Hi Peng,

    I am currently on 457 Visa for last 3 years with same employer and have more than 7 years of experience in similar occupation, soon my employer will be assisting me lodging my 186 Visa application request all seems to be fine except one confusion with Training Benchmarks for Employer, as we will be lodging 186 Via ‘Temporary transition stream’.
    will the training requirements for my employer be the same as it was for 457? or anything different or additional they have to provide to meet the criteria? or what are the exact training requirement for employer if applying for 186 Temporary transition stream Visa?
    Any assistance will be greatly appreciated. Thank u

    Reply
    1. Peng Cheng Post author

      Hi Syed,
      The ‘training benchmark requirement’ is the same requirement that is imposed on your employer because it has Standard Business Sponsorship (i.e. the right to sponsor 457 visa holders). They need to demonstrate that they have complied with this requirement during your 2 years of work.
      PC

      Reply
      1. Jeni

        Hi Syed.

        We are 457 holders in the process of applying for the 186. My husband is a chef and has been told by Australian Skills Assessment that the training benchmark is a Cert IV but his Cert III was good enough for the 457 and is the qualification held by all other chefs in the area (the cert IV being for those who want to teach at Tafe). Immigration have advised him to get a new skills assessment backdated otherwise we will have to forgo the whole application and start again (and pay again). Any advice? The skills assessment people who did his original one in 2011 are no longer in existence.

        Reply
        1. Peng Cheng Post author

          Hi Jeni,
          If he needs a skill assessment, then he needs a positive skill assessment at the time that he lodged the application. A skill assessment obtained after lodgement can’t be used. If you don’t satisfy the skill assessment requirement, the case officer is likely to refuse the application. You may have to do the application again.
          PC

          Reply
  42. Gurpreet

    Hi dear
    I want to know that I got 457 visa and I complete
    2 year. Now I want to apply for 186,
    I need to provide payslips to immigration ? Or I can apply without payslip
    If I get refuse my 186 visa then can I stay with my 457?
    Still I got 457 till 2015
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Gurpreet,
      You will need to provide evidence of your paid employment, which can be evidenced by: payslips, PAYG, ATO tax assessment outcome for the relevant years.
      Refusal of the 186 does not necessarily affect your 457 visa.
      PC

      Reply
  43. Bhim

    Hi,
    I just finished my 2 years on 457 visa. My question is regarding training benchmark. One of the staff was hired as a casual store person and later he was hired full time as Kitchen assistant now he has worked with us for 3 years in kitchen , he was provided necessary training to do the job and he has developed his skills as a cook and he want to do recognition of prior training (rpl) to get the certificate ,will that also count as a training provided to him?

    If the business is failed to reach the benchmark of training, can I apply from direct entry system as they meet the training bench mark for last year.

    Reply
    1. Peng Cheng Post author

      Hi Bhim,
      The cost of the certificate course can be counted if the employer pays for it.
      You can try the DE stream if you do not meet the requirements of TRT.
      PC

      Reply
  44. bhim

    hi peng,
    i have applied my PR through TRT when i finished my 2 years of working on 457 visa. i have applied on last year 25th of june 2013 and now its almost more than 6 months already,i haven’t hear from diac .should i call them or wait?
    how long the process will go for? as i can see on diac website it says 6 months.

    Reply
    1. Peng Cheng Post author

      Hi Bhim,
      Processing time is around 6-9 months. You are certainly allowed to call the Department and follow-up, but they might be able to tell you another other than it is in the queue.
      PC

      Reply
  45. sam

    hi peng,
    i am big follower of ur blog.ur answers open doors for others by reading.i recently got my permanent visa by rsms direct stream .my employer got family problems and health as well .she don’t want to keep the business.i offer her to buy her business coz its really good business.but i am worried about my visa.moreover she wants part time or casual job.
    what will happen coz contract is two years.but i am not running away from anything.i need ur advise.i have been in austrlia for 6 years. i work hard to get here. is there any hope
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      As a RSMS visa holder, you are allowed to try and purchase that business, and run it yourself. I don’t think that this will negatively impact your visa.
      PC

      Reply
  46. AS

    Hi Peng,

    Hope you are well. I put in 186 but planning to go for 457 as it takes much shorter time. My question is, can i use the VETASSESS i had for 186, on 457? And just curious, can i use it vice versa, a 457 VETASSESS on 186 also?

    Thanks a lot for your time Peng.

    AS

    Reply
    1. Peng Cheng Post author

      Hi AS,
      As long as the skill assessment is itself valid, it can be used for a 457 or 186 visa application – as long as the approved occupation matches the occupation which is sponsored under the visa.
      PC

      Reply
  47. Andrea

    Hi Peng,

    Its been great to read all the comments you have helped with.

    I have lived in Australia for 3 years now, and would like to apply for ENS 186 Visa (Direct) as I have worked for my current employer for only 10 Months of these 3 years. I have been working in my chosen field since 2006. I do not hold a Degree.

    As a Recruitment Consultant does having more than 5 years experience qualify without having a Degree? I look forward to your reply soon as I have a meeting with my MD on Monday.

    Thank you
    Andrea

    Reply
  48. Sammy

    Hi Peng,

    I am currently on a 457 visa and have been on it since Feb 2012. When I applied for the 457, my salary was stated on the contract at $51000 which was the market salary at the time, but I have not been paid that salary consistently for the last two years – in the last fin year it was $47, 000.

    I am looking to apply for ENS this February.
    Question:
    When I apply for ENS visa, Do we need to provide payslips or evidence of my pay from the last two years I have worked in the company, showcasing that I have been paid the stated salary?

    Or can we just show that when I apply for ENS, my employment contract will meet the new market salary rate which is $55,500?

    Please clarify and many thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Sammy,
      The Department will want evidence of your paid employment, such as payslips, PAYG, your tax assessment outcome etc.
      PC

      Reply
  49. Ken

    Hi,

    I was wondering, if we can still provide the same information regarding training benchmarks when its an application for ENS as it was for the 457 visa?

    The training benchmark we met for 457 was the 1% in training staff, and we did this by showing that there was a formal on the job training and also our company is a business conference and training provider itself,and that by having our staff attend our events we are training then. This got approved last time, I am wondering if it will be more strict for ENS or if the old details are still valid?

    Reply
    1. Peng Cheng Post author

      Hi Ken,
      The training requirement for ENS is the same for getting SBS approval to sponsor 457 visa holders.
      PC

      Reply
  50. Sammy

    Hi Peng,

    Thanks for clarifying that I need to show evidence of my paid employment with payslips, PAYG, your tax assessment outcome. So would my application be denied or rejected if my salary wasn’t exactly as it was stated in the contract? Or are the payslips only to show that I have been employed by the organisation throughout the two years?

    Reply
    1. Peng Cheng Post author

      Hi Sammy,
      DIBP does check to ensure that you were paid properly – which is one of the obligations imposed on sponsors.
      PC

      Reply
  51. John

    Hi Peng

    I am currently on a 457 visa and due to expire next year October. I have worked for the first employer for two year and left. Now I have been employed by an Government research agency, for at least 3 years. Understanding that I can go for either 186 or 187. Do I have to go for skills assessment or not.
    The position is a Technical post. I have three years post grad experience. When I apply for the pr visa do I get a bridging visa or I can stay on the 457 that I already have.

    Thanks in advance

    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      As explained above, if you are applying under the DE stream, then you need a skill assessment. You may be able to apply under the TRT stream if you have completed 2 years of work with your PR sponsor as a 457 visa holder (as explained above). You won’t need a skill assessment for the TRT stream.
      You should be granted a bridging visa so that you can remain in Australia until a decision is made.
      PC

      Reply
  52. Judy

    Hi Peng,

    I was holding 485 and expired oct 2013. I’m currently holding bridging visa of 186 visa via directly stream. Recently I received a email from my case officer to request me to provide an evidence of 3years full time work experience. I have 2.5 years full-time work experience with my current company and 6 months part-time. My questions are:
    1. I have been working over 40hours per week. If policy states full time work is at least 35hours per week. Could I calculate my work experience to be 2years and 7months or more?
    2. If I work 20 hours for 6 months. Could I say I have equivalent full time work experience for 3 months?
    3. Does the experience year count from the date the application lodge? For example I completed 2.5 years on the date my application lodged, but the case is not viewed 6 months later, could I count for 3 years experience?
    4. If my 186 is rejected, do I still have a chance to apply 457?

    Thanks
    Judy

    Reply
    1. Peng Cheng Post author

      Hi Judy,
      The legislation itself states that the requirement is that the employment must be ‘full-time': the applicant has been employed in the occupation for at least 3 years on a full-time basis and at the level of skill required for the occupation.

      However, the Department’s policy states that part-time employment that is relevant can be counted on a pro-rata basis. As a general rule, a case officer will follow this policy in their decision-making.

      You can’t count work experience accumulated after lodgement.

      You may still be able to apply for a 457 visa, but you need to consider s48 if you have had a visa refusal: http://myaccessaustralia.com/barred-from-making-visa-application-section-48-migration-act/

      PC

      Reply
  53. Mark

    Hi,

    I was wondering if there are any specific income threshold for 186 visa applications? We are sponsoring a sales and marketing manager for 186 and on the website it says we have to meet market salary rate but no mention about the income threshold. Can we assume this is the same as 457 which now has increased to $53, 900 since we sponsored him?

    Reply
    1. Peng Cheng Post author

      Hi Mark,
      There is no minimum threshold for the 186 visa – the market rate requirement needs to be satisfied.
      PC

      Reply
  54. Murph

    Hi,

    Me and my wife are moving to perth. She currently holds a 457 (TR) sponsored visa. I am a new zealand citizen and have already moved to perth from sydney. We applied for the 461 nz family visa and are waiting for approval. She wants to quit her current employer to move here around march.

    How long can she stay here after that visa ends? Can we apply for a brdging visa that lets’s her work while waiting for the 461?

    She also wants to go to nz 2 weeks before she resigns ( she has an nz visa) . if we apply for the bridging visa now, will that prevent her from reentering australia?

    Thank you very much.

    Best regards,
    Murph

    Reply
    1. Peng Cheng Post author

      Hi Murph,
      While she was probably granted a Bridging Visa A in association with the 461 visa application (Department correspondence should confirm the grant of this visa), this bridging visa is not in effect because she is holding a 457 visa. She is subject to the conditions of her 457 visa while she continues to hold this visa.
      She can consider getting a tourist visa when she is outside of Australia, and coming back to Australia on a tourist visa. Getting a tourist visa would lead to the cancellation of the 457 visa. She can then apply for a Bridging visa A in association with the 461 visa application. But the BVA won’t come into effect until her tourist visa expires (which for a ETA or eVisitor visa, this would be 3 months days after arrival).
      PC

      Reply
  55. Raju Kenny

    Hi Peng,
    I want to apply for 186 visa as I have worked with same employer as Company Accountant for 2 years. I am NZ Citizen.
    But my age is 50 years and 3 months.
    As being NZ citizen, do I have exemption from age limit? i.e. I can still apply and am eligible even if I am over 50 as being NZ citizen.
    Please advise,
    Raju

    Reply
    1. Peng Cheng Post author

      Hi Raju,
      Sorry but there is no exemption to the age requirement on the basis of being NZ citizen.
      PC

      Reply
  56. desai

    hi peng i need your help i am working on 457 visa last 16 months as cook my eployer now change his abn because he take over this cafe to his patner so now he change his ausralian abn number so i have need new sponcer ship and its effect my permenatrecedence and its count again 2 years in this stage what i can do please give me some kind information about my mater thanks i wait your replay

    Reply
    1. Peng Cheng Post author

      Hi Desai,
      As explained above, for the TRT stream, the 2 years does reset when the employer changes (i.e. when the ABN changes).
      PC

      Reply
  57. Sally

    Hi Peng,

    Your answers have been very helpful, thanks.

    I was just wondering, for 186 visa, would the nominee have to be paid higher than the TSMIT of $53,900? We are comparing market salary rate with other Aus employees in the company doing similar work.

    Reply
  58. jig

    hi peng i work as a cook last 17 months in cafe on 457 visa its trust partner ship but now one partner left and other one still runing same cafe bisness he take over 50% cerr and take over all bisness but he change abn number my position same as 457 rules and he still need me in his cafe as a cook but my qustion is can dibp count my previous experiyne for my trt sceem please i am wait your replay thanks

    Reply
    1. Peng Cheng Post author

      Hi Jig,
      As a general rule, if your employer’s ABN changes, then you are now working for an different employer and your previous work does not count towards the TRT stream.
      PC

      Reply
  59. Lawson

    Hello,

    I would like to ask a few questions related to 444 visa holders applying under 186 or 187 visa categories please.

    1) if apply under direct entry( under 186 or 187), 444 holder must have been working for the same employer in a Job listed in consolidated job lists for 2 years, is this understanding correct?
    2) if apply under 186, for 444 holders, does employer still need to meet benchmark A or B requirement?
    3) refer to question 1, what if during the 2 year time before applying, the sponsorable job disappeared from the list? Can the application be made when it’s starting in order to lock in a eligible job? Or any job is ok since skill assessment is exempt?
    4) I assume that if I apply under direct entry, skill assessment and work experience will be exempt. What about the market salary?

    Cheers
    Lawson

    Reply
    1. Peng Cheng Post author

      Hi Lawson,
      1) if apply under direct entry( under 186 or 187), 444 holder must have been working for the same employer in a Job listed in consolidated job lists for 2 years, is this understanding correct?
      This is one way – or you can get a positive skill assessment for that occupation.
      2) if apply under 186, for 444 holders, does employer still need to meet benchmark A or B requirement?
      Yes
      3) refer to question 1, what if during the 2 year time before applying, the sponsorable job disappeared from the list? Can the application be made when it’s starting in order to lock in a eligible job? Or any job is ok since skill assessment is exempt?
      You can only count work experience that is relevant to the nominated occupation. The nominated occupation must be eligible (i.e. on Consolidated Sponsored Occupation List for 186 visa application)

      4) I assume that if I apply under direct entry, skill assessment and work experience will be exempt. What about the market salary?
      It applies.
      PC

      Reply
  60. Berker

    Dear Peng,

    I’ve been on a 457 Visa since February 2012 with same employer and I would like to apply for Decision ready Temporary Residence Transition (Subclass 186) as I believe I will be eligible after being on this visa for 2 years. As I mentioned, I first obtained this visa on 20/02/2012 and that was expired on 31/07/2013 and then second exact visa with the same occupation and conditions was obtained on 04/09/2013 for another 4 years, however unfortunately there has been a mistake with the whole process.

    My job title is in the company is Communications Officer and I do Public Relations and Marketing within the company as this is what I studied. When we applied for the first nomination, it was granted for the occupation of Communications Operator and then I obtained my visa and my job description and everything else was sent to the immigration obviously. Unfortunately the employee who did this application made the mistake as he did not have any experience in this at all. He sent an email to the case officer if this was the right occupation but had no reply back. And when my first 457 visa was expired in September last year, we then applied for the second visa with the exact conditions as we knew nominating another occupation (even tho it’s wrong) would start the 2 year process from scratch for me. And the second visa was granted with no problem for the same occupation for 4 more years.

    Obviously there has been a mistake made by the company and the case officer. I should not have not been approved at all for the nominated occupation as they are completely separate things, plus my qualifications do not match with it. I’ll be completing 2 year period on the 20th of February, however I was wondering this would be an issue for me to obtain permanent residency. I really would not like to change the occupation now as I’d have to wait for 2 more years to become eligible.

    I’d really appreciate your help.

    Thanks very much in advance.

    Reply
    1. Peng Cheng Post author

      Hi Berker,
      To apply under the TRT stream, the selected ANZSCO must be the same for the 457 and 186 applications or it can’t be approved. I did have a client who was in a similar situation – I sent a query to the Department and the reply was basically that the selected ANZSCO must be the same. The Department won’t show any sympathy because there was a mistake – and in that person’s case, it meant that the 2 years didn’t count at all. I think he ended up applying under the DE stream.
      PC

      Reply
  61. adel

    Thanks Peng for your valuable information.
    I am on a 457 visa for the last 3 years, and will apply for employer nomination visa. My employer wants me to apply for direct entry stream and not through the transition stream as per an advice from the company’s lawyers (no reason was given to me)
    Been with my employer for 5 years now, 2 years were on part time basis when I was studying
    Would that raise any concern from immigration?
    Also form 80, I heard how notorious this form is, do I need to fill it out and when does immigration request such form.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Adel,
      I generally do not submit a form 80 with ENS visa applications but your case officer can ask for this – you will only receive this request after your matter has been allocated to a case officer, and that case officer decides that he or she wants a form 80.
      Working on a PT basis for 2 years does prevent you from meeting the requirements of the DE stream.
      PC

      Reply
  62. Jesh

    Hello Peng.

    Thank you very much for all the information in your site. It really helps a lot understanding these processes.
    Peng, I work for a multinational company and have transferred to Australia in a 457 Visa in February 2012. The company I work for manages several hotels, however each hotel may have a different owner. I am about to apply for ENS / temporary residency transition scheme. My employer is supportive in sponsoring me and my partner. I am in a regional role which means I have to supervise some of the hotels, however I am based in one of them and the ENS would be done with the same ABN number that they sponsored my 457. This week, an amazing job opportunity became available with my company but based in a different city in a hotel that belongs to the same brand but owned by a different owner. They really want me to take this new position, but my priority right now is to obtain the residency. My questions are:

    1. Is it possible to relocate to a different city but still lodge the process with my current hotel if my current hotel agrees to pay my salary and invoice the other hotel where I will be working? I would still have a regional position which means I visit the hotels often, and usually when I go to another hotel they pay for the hours that I spend there. But this would be in a larger scale because in reality I wouldn´t really be based in the same hotel that is lodging my ENS.

    2. I have a work related trip overseas in March, if my current employer lodge the ENS now, how long does it take in average for that first part of the process to be approved so that I can lodge my part of the paperwork? I am concerned that if I lodge my part of the documents before the trip I will fall automatically in a bridging Visa A and will not have enough time to process a type B. Therefore, I was planning in lodging my part when I return from overseas, but will this delay the process? My understanding is that I cannot lodge my part of the paperwork before the nomination is approved.

    Thank you very much in advance.

    Reply
    1. Peng Cheng Post author

      Hi Jesh,
      1. Is it possible to relocate to a different city but still lodge the process with my current hotel if my current hotel agrees to pay my salary and invoice the other hotel where I will be working?
      No – you need to work on a FT basis for the employer and legal entity that is sponsoring you.
      2. I have a work related trip overseas in March, if my current employer lodge the ENS now, how long does it take in average for that first part of the process to be approved so that I can lodge my part of the paperwork?
      The Department will take around say 3-6 months. You can lodge the visa application before the nom is approved – some people wait for nom approval just to avoid the risk of nom refusal
      PC

      Reply
  63. Derek

    Hi Peng

    I’m on a 457 visa – I have a positive Vetassess skills assessment for a different role than the one i am currently sponsored for. Can I get direct entry with the same company but with a different company nominated role?

    Also can my wife apply for direct entry from my 457? She is working more than 20 hours a week freelance, about to change to part-time.

    D

    Reply
    1. Peng Cheng Post author

      Hi Derek,
      The skill assessment ANZSCO needs to match the nominated occupation for the nomination application. A dependent 457 visa holder can lodge a valid application for a 186 or 187 visa.
      PC

      Reply
  64. Amarpreet

    hi peng

    i am on a 457 from 25 July 2013 but i have changed my employer in November and got nomination and sponsorship approved on 3 December 2013 , so when i am able to apply for PR after 25 july 2015 or 03 december 2015 .

    Thank you,
    Amarpreet singh

    Reply
    1. Peng Cheng Post author

      Hi Amarpreet,
      To apply under the TRT stream for employer sponsored permanent residency, you need to complete 2 years of work as a 457 visa holder with your current employer – so you may be eligible from 3 Dec 2015.
      PC

      Reply
  65. Nicholene

    I have been sponsored by a Company as a Contract Administrator under the Direct Stream 186 Permanent Employer Sponsored / Nominated Visa.

    One of the requirements that must be met is to assess my qualification, Quantity Surveying degree by the AIQS , which I have done, however under the Contract Administrator ANZSCO 511111 the Company has sponsored me specifies that I had to assess my Contract Administration degree/diploma through VETASSESS which I do not have a qualification in.

    The trouble that I face is that my quantity surveying skills assessment therefore does not correlate with my associated Nomination Application with an approved occupation of ‘Contract Administrator ANZSCO 511111

    Can you please advise?

    Reply
    1. Peng Cheng Post author

      Hi Nicholene,
      One requirement for the DE stream is that the nominated occupation needs to match your skill assessment ANZSCO. I don’t think that you can change the nominated ANZSCO after lodgement. The Department may not be able to approve this application.
      PC

      Reply
  66. A

    Hi Peng

    I have a weird situation :)

    I am from India and trying to apply for a PR. I have got positive ACS assessment for 6.5 years and IELTS overall score of 8 with 7 in all bands. I have applied for 189 (ceiling reached for now, ICT BA) and 190 (Victoria, rejected). At this moment I am pursuing one opportunity in Aus, Should I get the offer from the company, which visa class would be best and fastest? My 189 EOI was launched in 13 Feb 2014 and 190 EOI was launched in 16 Jan 2014

    Reply
    1. Peng Cheng Post author

      Hi A,
      Have a look at the employer sponsored visas: 457 (quickest to obtain since it is a temporary visa), 186 or 187 visa.
      PC

      Reply
      1. A

        Thanks Peng. One follow up question: If I obtain 457 now, can I still get 189 invite in July, assuming ICT BA code remains in SOL?

        Reply
        1. Peng Cheng Post author

          Yes you can receive an invitation and apply for a 189 visa when you are currently holding a 457 visa.
          PC

          Reply
  67. Sravan

    Hi Peng,
    I have been living in Australia for 2.5 years on 457 and working for a IT giant. My employer nominated me for a employer sponsored PR (186) and i lodged my PR a month back. Unfortunately, i had to go through redundancy 15 days back and will only be with my employer till 14th March. I have appointed a migration agent to lodge my application. In this case it does seem the PR application will be withdrawn by the employer due to redundancy. What are my options in this case? I have plans of lodging the PR by my own thorugh skill assessment path way. I would like to know whether i can change my existing PR application from clause 186.

    What are my options in this case?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sravan,
      You can’t change a 186 visa application to another type of visa application.
      If you hold a 457 visa, you should be able to lodge another valid application for permanent residency – such as if you are applying for a 190, 189 or 489 visa.
      PC

      Reply
  68. Natasha

    Hi Peng,
    I need a little advice, my partner is sponsored on a 457 visa I’m de facto. He got sponsored with company A back in July 2011 for one yr they had to let him go due to no work. He got sponsored by company B and they let him go due to the same reason.
    Company A got more work and has sponsored him again now. Does he have to start the whole 2 yrs before applying for employer nomination with company A or can he carry over the year he had with them at the start? Please help where so confused as where hearing all different things!
    Hope to hear from you soon
    Natasha

    Reply
    1. Peng Cheng Post author

      Hi Natasha,
      If the roles were identical or very similar then I think that the work can count if it as completed within the last 3 years. But honestly I haven’t encountered this before so I’m not sure.
      PC

      Reply
  69. Vivian

    Hi Peng,

    My employer plans to sponsor me Permanent Residency through visa 186. I am just an administrative assistant in a financial planning company. Would I able to get skills assessment or is there any way skills assessment is exempt? As I know this role is not in the occupation list and I just started to work last October. For your information, I am holding visa 485.

    Reply
    1. Peng Cheng Post author

      Hi Vivian,
      Admin assistant is not on SOL, as you have noted. This role can’t be sponsored under a 186 visa.
      PC

      Reply
  70. Nimandra

    Hi Peng,

    I am writing to see if I could get your advice on the Employer Nomination Scheme (subclass 186). As a NZ Citizen, I currently hold a Special Category Visa.

    My work is currently putting together their application to nominate me.
    However, there are a couple of things we are unclear about:

    – What is the letter of support from the accountant to the business? Who is to provide this letter and what should it be in regards to? If you could please explain that would be really appreciated.

    – Additionally, in regards to the evidence of expenditure in the last 12 months by the business, to the equivalent of at least 1 per cent of the payroll of the business, in the provision of training to employees of the business… Is this the calendar year, financial year or the 12 months leading up to the nomination application being lodged?

    If you could please advice, that would be most appreciated.

    Kind regards
    Nimandra

    Reply
    1. Peng Cheng Post author

      Hi Nimandra,
      1. That can come from the accountant for the employer. This can discuss various things in relation to the employer’s financial performance, such as profit, assets, future projections. Letter should also confirm that the employer is financially able to pay the nominated salary
      2. 12 months leading up to nomination lodgement
      PC

      Reply
  71. Abbey

    Hi Peng,

    I have 2 years part time experience and 2 years full time experience as a chef in australia. Is this experience enough to get skill assessment and apply under direct entry stream for ENS 186 visa? I also have completed cert 3 and 4 in hospitality management under commercial cookery. I do have iets with 6 in each band too.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Abbey,
      To obtain a positive skill assessment from TRA for the role of Cook/Chef, you will need to satisfy the following – and you may satisfy these requirements based on the above information:

      • have a qualification comparable to the Australian qualification for your nominated occupation or have completed an apprenticeship comparable to the Australian apprenticeship for your nominated occupation
      • have completed three years of full-time (or equivalent part-time) paid employment in your nominated occupation at the required skill level (you can only count experience skilled employment accumulated after you have obtain the qualifications to work in the role of Cook)
      • have completed at least 12 months of full-time (or equivalent part-time) paid employment in your nominated occupation, or in a closely related occupation where you are required to maintain your skill level for the nominated occupation, in the two years immediately before applying

      PC

      Reply
  72. Regge

    Hi Peng,
    I applied for PR (sublass 186) from 457 visa on April 2013 my case offer called me and told me that I submitted the application without skills assessment and after 11 months the case officer says that the application will be unsuccessful, can I have this decision overturned in my favour through MRT?

    Reply
    1. Peng Cheng Post author

      Hi Regge,
      If you need a skill assessment, then you need to have a positive skill assessment outcome when you lodged the application. You can’t use a skill assessment outcome obtained after lodgement – this is the law that the MRT will also apply so I can’t see how you can successfully appeal this.
      PC

      Reply
  73. Tom

    Hi Peng
    I have a fairly simple question I hope you can help with. I am considering applying to WA Police and they provide nomination for a 186 Permanent Residency Visa.

    If I add my wife to the application, can she apply for jobs and work unrestricted in Australia?

    Thanks for any help you can provide.

    Reply
    1. Peng Cheng Post author

      Hi Tom,
      She would be granted a permanent residency visa also, which would give her unrestricted work rights.
      PC

      Reply
  74. Bngush

    Hi Peng
    I applied FoR PR and I was told to provide Certificate of character from each country i lived FoR more than 12 months. My question is How will i get those Certificates having stayed in Afghanstan & in Qatar? Thanks FoR your help.

    Reply
    1. Peng Cheng Post author

      Hi Bngush,
      This request is pretty standard – if you are unable to provide police clearances, you can prepare a statutory declaration explaining why. Most case officers will accept this but this is really at the discretion of the case officer.
      PC

      Reply
  75. Mary McLoughlin

    Hi Peng,

    Ive been reading all your information above and its been very interesting to have it broken down so clearly as the government site can be somewhat confusing. which is the reason for my enquiry, if you would be so kind to respond to.

    I am on a 457 visa and have completed 2 years with my employer, they are planning to nominate me for PR in the coming months under the Temporary Residence Transition Stream, for the subclass 187 visa. As the DIAC would have all our previous information in relation to the company and for my partner and I, My question is , do we have to provide a repeat of all this information again for both the company and for our application, or do we just have to provide updated at the time of the applications.

    The nomination and visa application check lists, list information that would already have been supplied at the time of the application for the 457 back in 2011…….so are they now looking for updated information or do we just concentrate on the elements that apply to the Transition scheme………. Im finding it all a bit confusing.

    thank you for your time.

    Regards,
    Mary

    Reply
    1. Peng Cheng Post author

      Hi Mary,
      You need to demonstrate that you satisfy the requirements of the TRT stream.
      This is a fresh assessment so you should submit the documents outlined in the checklist.
      PC

      Reply
  76. Jay

    Hi Peng,
    I am hoping you can provide some advise. I am working full time on 457 visa since 15 July 2013. Before I was working casual pool with same Employer & same position since December 2012. so My casual hours will count for ENS visa. As I have to work for 2 years on 457 visa then will apply for ENS visa.
    Thanks a lot !!

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      If you are asking about the TRT stream, then you can only count time as a 457 visa holder.
      PC

      Reply
  77. Atika

    Hello Peng,
    Thanks for all the work you are doing here on the website helping others clarifying things. If you don’t mind, I have my share of questions as well :)
    1. I’m on a 457 sponsored by my current employer. I started working 3 years ago, but I spent a bit more than the first 1 year on my wife’s Higher Educational visa, so I will be working for 2 years ON MY 457 visa at 30th April 2014. I have also 28 days of unpaid leave, does that mean, that if I want to apply for PR in the Transition stream I will need to add that 28 working days to the 2 years? So that will give me 9th of June 2014 roughly.
    2. I’m still unsure about the difference between RSMS and EMS in terms of “restrictions” and “obligations”. Is that true, that on RSMS you need to work 2 years with the nominated employer after the PR was granted but with EMS you don’t have this restriction? I would like to leave all the doors open, as I might start a PhD if the possibility comes across.
    3. Can you apply to EMS even though your work is in a regional area, or you have to apply to RSMS because of this?
    4. Does the “you need to work 2 years with the nominated employer after PR was granted” applies when you go via the Direct Entry stream?
    Thanks heaps!

    Reply
  78. Angelina Tay

    Hi Peng,

    Thank you for answering all the questions we have, you don’t know how difficult it is to get a straight answer sometimes.

    I’ve applied for the ENS 186 visa on 5th Feb 2014. Right now, the status is pending. My brother just received his Australian PR recently. I was wondering if it is too late to put my parents as dependents in my application? My parents only have 2 children so they meet the balance of family test.

    Would I need to withdraw and reapply or can I modify it?

    Also, is it $1760 per extra applicant? = $3520 for both my mum and dad?

    What other options can I consider?

    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Angelina,
      You can’t include parents as dependents in a 186 visa application – if you only had one parent left, this may be possible. But if your parents are still both alive and married, then they can’t be included as dependents.
      PC

      Reply
  79. Jodi

    Hi Peng,

    Thanks for taking the time to read this… I’m hoping you may be able to give me some advice on my situation.
    My employer lodged a nomination for me (and my partner) for the 186 TRT stream on 26/02/2014. Ive worked for the company since January 2011 and been we’ve been sponsored on a 457 visa since October 2011. Can you shed some light on processing times? I know it states on the website up to 6 months, but is this the entire process? how long can it take when the nomination and application are done separately? I contacted DIAC and was advised by 1 person it could be a matter of weeks for the nomination and another said up to 6 months just for the nomination (then a further 6 months after that for the application)… I’m slightly confused here. (I dont want to lodge my application prior to approval of the nomination due to possible loss of funds if its not approved).
    I have also moved house since my employer nominated me and their application and all my documents (eg..police clearences) have my old address on, when i do submit my application should i leave it with my old address (so it matches the nomination) and then submit a change of details form or just leave it as the new one?
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Jodi,
      I think its around 3-6 months at the moment – if you lodge the visa application separately and after nomination approval, then this is roughly how long you will need to wait. You don’t get priority processing just because the nomination has been approved.
      You should state your current address in your visa application form.
      PC

      Reply
      1. Jodi

        Hi Peng,
        Thank you for your advice here. Its appreciated!
        I wondered if you could also give advice in regards to Form 1221? is this form just for my partner or are we both required to complete it?
        Thanks so much!

        Reply
        1. Peng Cheng Post author

          Hi Jodi,
          Depends on whether the case officer’s request. This is not something that we usually provide so we’d only provide it for requested individuals.
          PC

          Reply
  80. F

    Hi Peng,
    I am currently on a 457 visa and I have applied for a 186 ENS in November 2013. I am still waiting to be assigned a case officer. At the time of applying I fully intended to stay with my company but since then my company has lost the contract I work on and I have been offered to continue my position with the incoming company from July onwards. Firstly do I need to inform DIAC of my changes and secondly if the visa is approved whilst still employed by my sponsor company can I transfer to the new company and keep the visa?
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi F,
      Technically if you and/or your employer no longer intend to fulfil the commitment to complete 2 years of work in the nominated role with your sponsor from when PR is granted, then the visa requirements are no longer satisfied and the application should be withdrawn.
      Your sponsor is obligated to inform the Department is the they no longer intend to fulfil their commitments.
      PC

      Reply
  81. Marclus

    Hi Peng,

    Thanks for your contribution towards our questions. You are of much help to many folks who got trapped in the issues of DIAC.

    Please clarify for me if i withdraw my visa, do DIAC respond towards my letter of withdrawal? If they do how long should i wait? if they don’t what should i do after my withdrawal?
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Marclus,
      Yes the Department will respond. Not sure how long it takes, can take weeks or months I heard.
      PC

      Reply
  82. Cedric

    Hi peng ,

    I’ve been on a 457 visa for 2 years , the 8th of February was exactly 2 years I’ve applied for the nomination on the 12th March however my manager wrote the contract on the 5th of February and said that my commencement wil be on the 7th of February will this affect anything on the nomination?
    Thanks Peng

    Kind Regards

    Ced

    Reply
      1. Cedric

        Thanks a lot peng , may I ask you another question my position was named as food & beverage manager then my 457 visa was approved however my manager put me the same position as the occupation says which is cafe/restaurant manager an has the same anzsco code will this ahem any affect on the nominated position or it’ll be fine as it’s the same anzsco code

        Thanks a lot Peng , your answers are really helpful may god bless you

        Kind regards

        Ced

        Reply
  83. Hazel

    Hi Peng,

    My partner and I including our child are currently on a 457 visa which is due to expire in December this year. We are now in the process of applying for the 186 visa as my partner has now completed 2 years of work for the nominated employer, we have all paperwork complete and the application should be lodged within the next 2 weeks. We have just been given the unfortunate news that my partner will be made redundant by the end of this year, please advise the following if possible:

    1) As the application hasn’t been lodged yet, I assume we can’t actually lodge it legally now as my partner will not have a job with his employer past the end of this year, is this correct?

    2) Will we be able to renew our 457 visa that is due to expire in December this year without my partner having employment with the current employer.

    3) If we are unable to renew our 457 visa and unable to proceed with the 186 visa application, I assume that means we will have to leave Australia?

    I would be grateful for a reply, many thanks
    Hazel

    Reply
    1. Peng Cheng Post author

      Hi Hazel,
      1. Correct
      2. You need a sponsor to lodge a 457 visa application
      3. You should leave before your visa expires
      PC

      Reply
      1. Hazel

        Thanks for this information Peng, it’s much appreciated. It seems we have no options available to us and will have to leave Australia by the end of the year, very sad news indeed.

        Regards
        Hazel

        Reply
  84. Lindsay Langlois

    Hi Peng
    My family and I are here on the 444 Sub Class new citzen visa. I am going to approach my employer about sponsoring me on the 186 Visa via the direct entry stream.
    I understand that I would be exempt from the skills assessement step. The “closest fit” on the CSOL is Accountant general. My question is do I need to be a qualified accountant in order to nominate this occupation. I have worked for my employer for the past 4 years and my role tittle is payroll accoutning anaylst. I do however have a certified accounting technician qualification and have been in this field for many years.

    Many thanks

    Reply
    1. Peng Cheng Post author

      Hi Lindsay,
      You don’t need to have any particular kind of registration with a professional body.
      PC

      Reply
  85. Ricardo

    Hi Peng, you’re a star. I’m thrilled with your work.

    I’m planning to apply in September to 186 via TRT.

    I have planned to go abroad with my wife in April 2015, however I’m concerned whether I can leave the country if my visa doesn’t come through in time? I’d still have a 457 which allows me to come and go as many times as I need to, but do I need to be onshore so the visa is approved?

    I can’t find any information about it and would appreciate your point of view.

    Thanks
    Ricardo

    Reply
    1. Peng Cheng Post author

      Hi Ricardo,
      You can be created the visa when you are in or outside of Australia. Your travel shouldn’t affect the processing of the application.
      PC

      Reply
  86. Cedric

    Hi Peng , the occupation on my 457 visa was cafe or restaurant manager , we applied for the nomination and we actually wrote position as cafe/restaurant manager for position and the same in the contract , could you please let me know if this will be an issue

    Thanks a lot Peng

    Kind Regards

    Ced

    Reply
    1. Peng Cheng Post author

      Hi Ced,
      The case officer should be looking at the duties described rather than the position title only. But we really can’t predict how an individual case officer is going to assess an application.
      PC

      Reply
  87. Jaydee

    Hi Peng,

    My husband lost his job last March . Unfortunately, he is still on 457 visa. His former employer suggested that they will pursue our PR application and that they will just cancel the 457 on June 30. He said that once my husband finds a new employer, the sonsorship of the PR will just be transferred to the new employer.

    Is that possible? Because I have read that one has to be employed with the new employer for 1 year before they could sponsor for PR.

    And is there a possibility that the PR application will have a result before june 30? The nomination process hasn’t started yet.

    I hope you could educate us as we declined the offer. I just want to know if we made the right decision not to accept the offer.

    Thank you

    Regards,

    Jen

    Reply
    1. Peng Cheng Post author

      Hi Jen,
      You can’t transfer a employer sponsored PR from one employer to another.
      Processing time for an employer sponsored PR application is around 3-6 months.
      PC

      Reply
  88. Jen

    Hi Peng,

    Thank you so much for the response. I believe we made the right decision to just concentrate looking for a new employer instead of applying for a PR knowing that by June 30, his employer will report to DIBP that he is no longer employed.

    The other employee accepted the agreement despite all the information i provided him. I just hope the decision for his PR will come out before June 30.

    Thank you once again and all the best.

    Regards,

    Jen

    Reply
  89. mohammed saizad

    Hi Peng
    My enquiry is how long does it take for the immgration to process the Regional Employer Nomination (class RN)
    Regional Employer Nomination (subclass 187) visa. I have applied this visa under the direct entry stream. I have provided all the document including the RCB. I lodge my application on 18 December 2013. Thanks in advance for your reply.

    Reply
  90. Srinivasa

    Hi peng,
    I work as Software and have 13 years of experience. Before i worked in sydeny, australia for around 14 months through 457 Visa and presently am outside Australia.
    I had applied for 186- ENS Visa through Skill Select. Should we need to contact recuiters for any details.
    Would appreciate your point of view.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Srinivasa,
      For the 186 visa, you must have an employer that is sponsoring you for this visa. You may be able to secure an employer through a recruiter, but we do not have any experience Tor have any services that are related to this.
      PC

      Reply
  91. Erkan

    Hi Peng,

    My nomination has been lodge and l am waiting for approval for the nomination, my 2 years contract start date 29/04/2014 however contract says “this offer employment is made pending approval of your permanent residency application”.Incase if l cannot get the nomination approval before 28/04, l was wondering if l can lodge the visa application after the 28/04 or do we have to update contract commencing?
    Thank you in Advance

    Reply
    1. Peng Cheng Post author

      Hi Erkan,
      The commencement date isn’t very significant – the case officer should still be able to process the application even if the start date has passed. I don’t think that there is any need to change the employment contract unless your case officer asks you for this.
      PC

      Reply
  92. srinivas

    Hi Peng,
    I am currently on 457 Visa, My younger child was born in India and didn,t have 457 visa.
    Now My company is sponsoring me for 186 PR ( ENS temporary transition scheme). Can I include my younger child in the PR visa application without obtaining 457 first.

    Is it a must for my kid to get 457 first and then include in PR visa application.

    Please advise,
    Thanks
    Sri

    Reply
    1. Peng Cheng Post author

      Hi Sri,
      You can include your child in the 186 application – holding a 457 visa is not a requirement for dependents.
      PC

      Reply
  93. Shahid Hosseni

    Hi there,

    I have applied for ENS 186, my nomination approved early December. My wife couldn’t completed health check as she was pregnant. Case Officer has asked once baby is born we;
    • Complete my wife health check
    • Get my doctor to write health check for my baby born in Australia
    • Employer to provide inclusion letter to nomination
    • Provide birth certificate and passport
    Would you be able to advise if;
    1. Template letter for GP & employer available on immigration website for inclusion of baby to nomination and health check of the baby
    2. Do we need a passport for a new born baby in Australia or Birth Certificate suffice
    3. How long usually takes to issue PR following submission of the above
    Greatly appreciate if I could have your advice.
    Thanks
    Shahid

    Reply
    1. Peng Cheng Post author

      Hi Shahid,
      1. Not that I’m aware of
      2. Yes – before you can add the baby to the application
      3. Depends on how busy your case officer is but say 4-6 weeks
      PC

      Reply
  94. Anil Kc

    Hi peng
    I am still in student visa . I got offer from a other employer for sponsorship . He already did sponsor for two baker. As he told me that if I am ready then He will do nomination process by himself. My question is , I have certificate 3 , diploma in hospitality , and advanced diploma in hospitality ( patisserie ) do I need certificate 4 for sponsorship and my ielts is over 5.5 in each and I need to TRA for sponsorship.
    Any help is great for me

    Reply
    1. Peng Cheng Post author

      Hi Anil,
      If you are applying for a 186 visa under the DE stream, then you need a skill assessment unless an exemption applies.
      PC

      Reply
  95. Paul

    Hi Peng

    I am currently on a 457 visa and i am applying for a transition 186 permanent residency visa.

    What happens if i get made redundant after the visa is approved. Can i transfer onto another visa or do i need a new sponsor.

    Regards,

    Paul

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      In that case, technically the relevant applications should be withdrawn since the sponsored role is no longer available – in which case you will not satisfy the time of decision requirements.
      You remain on your 457 visa – and you can try and find another sponsor if your 457 visa role has been terminated.
      http://myaccessaustralia.com/457-visa-changing-employer/
      PC

      Reply
  96. Nisha

    Hi Peng,
    My question is that, I am on student visa and i have applied for 457 visa.My nomination has been approved and case officer has asked my skill assessment through Vetassess, which came positive on 28th March and I have submitted it on 1st April. I am still waiting for the decission. How long does it take usually as I have submitted all the require document.
    Please suggest me
    with regards,
    Nisha

    Reply
    1. Peng Cheng Post author

      Hi Nisha,
      Just depends on the individual case officer, but usually it takes a few weeks.
      PC

      Reply
  97. Stefan

    Dear Peng,

    I would like to change my current 457 visa to a Permanent Residency visa ENS 186.

    My nominated occupation is Sales and Marketing Manager I have been with my current employer for 7 month.

    I recently received a promotion to Fitness Centre Manager (the nomination has not been changed due to the similarity of the roles)

    I undertook a skills assessment advisory with vetasses which was negative for Sales and Marketing Manager but positive for Fitness Centre Manager.

    Which stream applies to me? the trt stream or the direct entry stream?

    Thanks in Advance
    Stefan

    Reply
    1. Peng Cheng Post author

      Hi Stefan,
      As explained above, you can only apply under the TRT stream if you have worked for 2 years on a 457 visa. If you are eligible, you can only apply under the DE stream.
      PC

      Reply
  98. Emma Crawshaw

    Dear Peng,

    My husband is the primary holder of a 457 visa which includes me and our 2 children. The sponsor of my visa is listed as his employer and I am not subject to the 8107 condition so for the last 3 years I have worked for another employer. My employer wants to nominate me for a 186 visa, am I eligible for the temporary residents transition nomination scheme even though my employer is not the nominator on my 457 visa? If so, is there any benefit to applying to under that scheme instead of direct entry nomination scheme?

    Thanks,

    Emma

    Reply
  99. Laura

    Hi Peng,
    I’m currently on a 457 visa and have been with my employer for just over two years. I am now going through the process of applying for a subclass 186 (hope to lodge my employers/my applications in the next few weeks) and was wondering what the conditions are when my application goes in. My 457 visa does not expire for another year, so does that mean I am free to travel in and out of Australia while my 186 application is in progress? I have two overseas trips planned in the next six months and wondered as it’s more than likely i won’t have recieved a decision by then, if i’d need a bridging visa of some kind to travel in and out or if my 457 will still be in place.

    Thanks,

    Reply
    1. Peng Cheng Post author

      Hi Laura,
      Your 457 visa is still valid so you hold this visa and you are subject to the conditions of this visa. You can use this visa to travel in and out of Australia as long as the visa is valid. Your bridging visa won’t come into effect until the 457 visa expires (by which time, the 186 visa may be granted).
      PC

      Reply
  100. Cathryn

    Hi Peng,

    My husband is a Plumber on a 457 and his company has offered to nominate him for residency. He has only been with that company for 1 year so we are going to do the direct entry stream. When he arrived first he completed his trades persons licence to work as a plumber.

    – Will he still need to complete a vetasses to prove he is a qualified plumber even though he has his Australian licence?

    – Can you tell me how much the fees are increasing if we don’t apply before July?

    – I recently hurt my hip and had to undergo surgery and has not completely healed, will this affect my medical exam?

    Look forward to hearing from you.

    Reply
    1. Peng Cheng Post author

      Hi Cathryn,
      He won’t need a skill assessment.
      I think that the fees are likely to increase but no government announced yet.
      I’m not sure about the hip issue.
      PC

      Reply
  101. Ced

    Hi Peng ,
    Thanks a lot for your help for the visas it’s really helpful May god bless you.
    I have one question

    My history is as follows my wife came here as a student in 2008 and my daughter and I were dependant on her visa as well. In 2009 I started to work for my employer and she wanted to sponsor me on a 457 visa,we started to do the necessary but had to wait as I wanted to bring my two older sons here. a
    they arrived in 2010 then the paperwork for the visa started and my visa was launched in 2011 and granted in 2012 now that’s the thing I was working casual part time and my boss was helping me out during that period as I had to pay school for 3 kids when my visa was granted it stated that my annual earning would be $55,000 however in 2012 my payg summary was $64,000 which included full time and extra hours of work. The visa was granted on February but the full time pay period started from March now we’ve applied for the 186 tranition after 2 years my main question n worry is do you think that the immigration Alll ask for the reasons of the 2011 payg summary as the full time period was from March then till the end of financial year which I think should have been less than the gae

    Thanks a lot Peng

    Kind Regards
    Ced

    Reply
    1. Peng Cheng Post author

      Hi Ced,
      Having a higher taxable income than GAE shouldn’t be an issue – you can explain that you worked additional hours which is allowed.
      PC

      Reply
  102. Martin

    Hi Peng,
    We just lodged in our 186, through transitional stream from 457, been working for 2 years, all documents are good, but just 1 thing makes me uncertain, we missed last year training contribution, but before we lodged the aplication employer already paid training contribution for 2 % to make up for last year we’ve missed, how big is the chance of my case to be successfull? Any other way if we get a refusal because of that?, thank you

    Reply
    1. Peng Cheng Post author

      Hi Martin,
      Technically the employer doesn’t satisfy the nomination requirements because it needs to pay the training cost for every 12 month period so the application may be refused. The case officer may exercise discretion and decide that this requirement is satisfied, but they can also decide that it is not satisfied and refuse the application.
      PC

      Reply
  103. sukhvinder

    Hi peng,

    This is sukhvinder , currently holding 457 granted 25th july 2012. I am going to apply for pr in july 2014.My question is what is going to be changed in july 2014 .
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Sukhvinder,
      I’m not aware of any upcoming changes to the law for the 186 visa.
      PC

      Reply
  104. Sherry

    Hi Peng,

    I have been working with my current company since Feb 2013 and they are planning to sponsor me using ENS under Project Administrator.

    My question is:
    – For sponsorship under 457 do I need to start the 2 year from the time of obtaining the 457 or can my previous 1.5 years be carried forward?
    – I understand there is now a skills assessment required for Project Admin. What work experience document is required? Is employer reference letter sufficient or do I need to provide a portfolio of evidence?
    – Lastly, I have less then 3 years of work experience for Direct Entry Stream. But once I reached the 3 years can I switch from 457 to the Direct Entry Stream? If I can, do I need to get my project admin skills reassessed?

    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Sherry,
      1. 2 years as a 457 visa holder for the TRT stream
      2. VETASSESS is the skill assessment body and they website specifies all the documents required, and level of detail required for work reference
      3. Sure if you meet the requirements
      PC

      Reply
  105. Karen

    Hi,

    I have read your website and very thankful that you really take time to answer questions here.
    I am about to start my application for subclass 186, however I am hesitant to start because we are still waiting for my husbands police clearance from United States as he stayed there for almost 14 months in 2010-2011. My question is, is it possible to lodge the application for PR while waiting for the police clearance from United States?

    Thanks,

    Karen

    Reply
  106. lauren

    Hi
    My husband is on 457 visa and I am on 485 (working as a nurse).

    His employer wants to sponsor him 186 ENS under TRT stream as my husband has worked for them more than 2 years as a wall and floor tiler.

    My question is if I have to have 457 visa as a secondary applicant for this 186 ENS under TRT stream application or I can apply for it with my 485 visa.

    Thank you.

    Lauren

    Reply
    1. Peng Cheng Post author

      Hi Laren,
      You can be included as a dependent, you don’t need to hold a 457 visa first.
      PC

      Reply
  107. Karen

    Hi Peng,

    Sorry to bother you again.
    This is in relation to my post on police clearances. Do I need to provide some sort of letter included in the application that we are awaiting police clearance from United States?

    Thanks,

    Karen

    Reply
  108. Gemma

    Hi Peng,

    I am currently looking into PR – i currently hold a 457 visa, however have changed employers in that time. My original visa is still the same, as the employers just transferred the sponsorship. I am wondering if you could offer advice on the following:

    1. Do I qualify for ENS, having been on my original 457 visa for over 2 years, but have a new employer (less than 2 years)
    2. What is the process to gain citizenship following PR being granted?

    thank you.
    Gemma

    Reply
    1. Peng Cheng Post author

      Hi Gemma,
      As explained above, to apply under the TRT stream you need to complete 2 years of employment with your 186 visa sponsor.
      The residency requirement for citizenship is:
      If you became a permanent resident on or after 1 July 2007 the residence requirement is: You must have been living in Australia on a valid Australian visa for 4 years immediately before applying, including 1 year as a permanent resident, and You must not have been absent from Australia for more than 1 year during the 4 year period, including no more than 90 days in the year immediately before applying.
      PC

      Reply
  109. stella

    Hi Peng
    i found this website extremely helpful and informative, thank you a lot on doing this to us.

    my situation is, i am currently on 485 visa, I found a employer who is willing to sponsor me on ENS 186. btw, I am Chinese nationality, I have completed bachelor degree (3 years) and master degree (1.5 years) here. I have been full time working since 2013. So i have only got 1.5 years of full time working experience. My IELTS is 6. I think i am not eligible to be sponsored under 186 due to less 3 years work experience. But someone told me that as long as I have degrees from Australia, work experience doesn’t really matter. is that true??

    thank you very much.

    Stella

    Reply
    1. Peng Cheng Post author

      Hi Stella,
      You need 3 years of relevant experience – there is no exemption for having a degree.
      PC

      Reply
  110. Rebecca

    Hi Peng,

    Really informative article, thanks for making this information available!

    My employer has agreed to sponsor me (and my de facto partner), but as my wage falls under the TSMIT I don’t think a 457 application would be successful. We’re currently both on 417 visas, and I have worked for my employer for 3 months. Do you think a 186 visa could be for us? If not, would you be able to advise us on the best option?

    Thanks,

    Rebecca

    Reply
    1. Peng Cheng Post author

      Hi Rebecca,
      TSMIT doesn’t apply to the 186 visa. Can’t really say just else just based on the above information.
      PC

      Reply
  111. Tom

    Hi Peng,

    I am on 186 visa that expires in May, 2019. I don’t want to lose this status but I need to leave the country, maybe for ages.
    When should I come back to Aus if I want to be able to lodge my application for citizenship after my return, minimizing the time you have to spend in AUS before getting your citizenship?

    Thank you.
    t

    Reply
    1. Peng Cheng Post author

      Hi Tom,
      http://www.citizenship.gov.au/learn/law-and-policy/legis_changes/res_req_changes/
      If you became a permanent resident on or after 1 July 2007 the residence requirement is:
      You must have been living in Australia on a valid Australian visa for 4 years immediately before applying, including 1 year as a permanent resident, and
      You must not have been absent from Australia for more than 1 year during the 4 year period, including no more than 90 days in the year immediately before applying.
      PC

      Reply
  112. Conor

    Hello peng,
    I am currently on a 457. This October will be 2years with the same employer.
    I am wondering if it is possible to get my nomination application put in now and get the process in motion before October??
    I believe I cannot put in the actual application for PR until October. Is that correct?
    Thanks
    Conor

    Reply
    1. Peng Cheng Post author

      Hi Conor,
      You can only lodge the nomination application after you have completed 2 years of work as a 457 visa holder.
      PC

      Reply
  113. Jorden

    Dear Peng,

    Your website is very helpful so thank you very much. I was on 457 visa for 22 months with same employer but unfortunately the employer got changed and i got re sponsored by the new employer. Now i am still on 457 visa with new employer on same place for same position of Chef and now if i calculate the full time period i worked there it will be 27 months. So my question is when i completed altogether three years of full time work i.e 22 months with previous owner and 14 months with new employer, am I eligible to apply for ENS 186 visa under direct entry stream? Is it okay because i will be still on 457 visa by that time? Is it possible for my new employer to nominate me for ENS 186 visa under D.E. since I am with her for less than two years. I do have ielts 6 in each band and ready to obtain positive skill assessment TRA once I completed my three years of experience. I do have certificate 3 and 4 in commercial cookery and that I have gained before my work experience.

    Reply
    1. Peng Cheng Post author

      Hi Jorden,
      Yes that is possible if you meet the requirements for the DE stream. You don’t have to wait for 2 years.
      PC

      Reply
  114. Oliver

    Hi Peng,
    are the reqirements different if an employer sponsors you for a 457 visa or a 186 on direct entry stream? I might have to change employer and am on a 457 visa. The new 457 nomination is approved but still thinking if it is good for me to change employer or not because I already worked for my actual company one year, could apply for TRT 186 after another year. I have a IELTS with at least five in every component (would not to have to renew IELTS) I have over 20 years work experience. My partner and son are here too and are already sponsored. The reason why I want to change is because I get bullied. I’m just afraid that the new company doesn’t have the right to sponsor me for a 186 DES and if the company can offer me full time employment for the next two years after we applied for PR.What happens if the company has to close down, what happens with my visa after it was approved and therefore I can’t work in the company anylonger, will the visa be cancelled?
    Sorry for the many questions, hope you can give me an advice.
    Thanks Olli

    Reply
  115. Pushpa sanjyal

    Hello Peng
    It’s me Pushpa sanjyal just check out regarding my 457 visa in my visa my occupation is cook but my boss re-sponsor and show occupation chef it has been sold thrice time now there are trying to show occupation as cook what you thing it better to show chef or cook does it effect anything to apply for PR after 3 year i had all most completed 2.5 year as fulltime

    Reply
    1. Peng Cheng Post author

      Hi Pushpa,
      You should look at ANZSCO and select the occupation that best aligns with the occupation that you will work in, whether that be cook or chef.
      PC

      Reply
  116. Mary

    Hello Peng,

    Thank you in advance for answering these questions!

    I have been working for NSW health as a registered nurse (APHRA registered) for years and in my most recent speciality for 3 years. I just found out I have been sponsored for a PR 186 visa (I have the TRN and ANZSCO specialty code). Given this situation:
    1. Do I still need to submit an application to the Nursing and Midwifery Council for immigration?
    2. If I do need to submit an application to the NMC, do i do so before OR after commencing my onlinc Immigration visa applications?
    The council is noncommitally vague (i.e. no answer), immgration is near impossible to get in touch with (latest phone call = 45minutes on hold) & I can’t seem to find a specific answer anywhere!
    Can you help? Please?!?
    Thank you very much in advance,
    Mary

    Reply
    1. Peng Cheng Post author

      Hi Mary,
      1. skill assessment is required if you are applying under the DE stream
      2. you need a positive skill assessment at the time that you lodge the application
      PC

      Reply
  117. Rees

    Hi Peng,

    I have been on a 457 visa with my work for 3.5 years and 2.5 months ago my employer applied online to nominate me for PR. My partner is de facto on this 457 and has been for 2 years. We are still awaiting for immigration to come back regarding nomination. In the meantime we have filled in all the necessary paperwork we need for PR application. We have even decided to get our medical done this week.

    At what point do we start getting concerned about immigration not coming back regarding nomination and is there anything my employer can do to find out how long the wait is and when we can get this resolved?

    Thank you,

    Rees

    Reply
    1. Peng Cheng Post author

      Hi Rees,
      Normal processing time is around 3-6 months.
      You can ask the Department for an update but I don’t think you’ll get much information out of them, other than ‘its in the queue’.
      PC

      Reply
  118. mesitti

    hi peng!

    I am residing outside Australia and I am on a 186 visa application, and my migrationagent told me that my application is as of the moment pending because of the delay in the reply of the Saudi Consulate which is part of the mandatory check included in my application. By the way, I used to work in Saudi Arabia. Now, I have been advised to apply for a 457 visa while waiting for the approval of my 186 application. Is this possible? will they allow me to apply for 2 visas at the same time? Thank you.

    Reply
  119. Anu

    Hi
    I am on 457 visa and have completed 2 years work experience and about to lodge my 186 visa but my lawyer make me confused about my english requirement .
    Please help me out from this confusion ..

    1 . I was english exempt on my 457 visa ( as I have completed 5 years study in English )

    My study schedule as below
    Bachelor of accounting – completed 1 years (course duration was 3 years ) And I have 1 year transcript

    Advanced diploma of accounting 2 years (completed)

    Diploma of business 1 year (complete )

    Certi 3 in bakery 1 year (complete )

    Now my lawyer make point as you did not completed your bachelor of accounting , immigration may not take your bachelor course (1years ) for you english exemption .
    As a result you will not meet the English criteria .

    My question is during my 457 visa application immigration accept this 1year for English exemption why not for 186 visa ?

    Please help me with this situation
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Anu,
      The English requirement for the 457 and 186 visas are different. Can’t really comment in relation to the advice that you are getting from your lawyer.
      PC

      Reply
  120. Taylor

    Hi Peng,

    thanks for your valuable time. just a quick question I heard from july 1st 2014 if the applicant is in 457 visa who have worked for two years in the same role are eligible to apply for ENS 186 visa even if the business has been sold within last two years. Is it true? I am working as a chef since last 2.5 years in the same cafe but my employer got changed and i am still in 457 visa. so according to new rule am be able to apply for ENS 186 visa through TRT stream?

    Thanks
    Taylor

    Reply
    1. Peng Cheng Post author

      Hi Taylor,
      Department recently sent the following update:

      On 1 July 2014 the Regulation 5.19 PAM3 which provides policy advice concerning the Employer Nomination Scheme (ENS) (subclass 186) and Regional Sponsored Migration Scheme (RSMS)(subclass 187) nomination legislation will be updated. A major change to the provided policy advice will be the alterations made to the requirements under the Temporary Residence Transition stream when demonstrating two years’ work with the same employer. The department has determined that the previous policy which utilised section 50AAA of the Corporations Act 2001 was too restrictive, particularly where businesses have undergone change in the form of restructures, takeovers and sales.

      As a result, the department has determined that on 1 July 2014 policy advice will be updated and will instead read as is attached to this email. Please note that the Regulation 5.19 PAM3 excerpts attached will not be published on LEGEND until 1 July 2014 and will therefore only come into effect from 1 July 2014. The updated policy advice will apply to all applications on hand at 1 July 2014, as well as all applications lodged from this date onwards.

      PC

      Reply
  121. Janet

    Hi Peng,

    Where can I report my employer and a terminated employee conniving in applying for ENS186?

    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Janet,
      Department of Immigration and Border Protection – general query line 131 881.
      PC

      Reply
  122. Mike

    Hi
    Thank you for you your prompt response.
    The information you provided is a great help.
    Thanks again.

    Reply
  123. Peter

    Hi Peng,

    1. In terms of 186 Direct Entry, will it take away any of the sponsored company’s limited “sponsored positions” , as I am in the process of negotiating a 186 Direct Entry visa with my employer, and he keeps bringing up this topic, although there isn’t a clear indication on the departments’ website about sponsored positions?

    2. What are the main costs that the employer has to carry? i.e. achieving the “training benchmarks”, time/labour taken to nominate me. My employer told me they have to adjust a lot of financial related matter which will result in taxation costs and things like that, is this true?

    3. At the moment, I have 3 years of experience working at a multinational financial organisation, and will be again working in a similar role under the 186, what do you think my success rate is?

    Thank you very much for your help!

    Peter

    Reply
    1. Peng Cheng Post author

      Hi Peter,
      1. I don’t know what a “sponsored positions” means. Only occupations on the Consolidated Sponsored Occupations List are eligible under the 186 visa
      2. Training benchmark is probably the most significant cost. I don’t know what your employer is referring to in terms of taxation costs or adjusting financial matters
      3. Sure if you meet the requirements. Can’t determine if you are eligible just based on the above info
      PC

      Reply
  124. Andres

    My student visa is expiring on 27/07. I pretend to lodge my 186 application (my employer is lodging the nomination too) prior to this date. Is there any reason why I should not be granted with Bridging Visa? The website says the Immigration “could” grant you with bridging visa. Is there any reason why it could be refused?

    Reply
    1. Peng Cheng Post author

      You should get a bridging visa if you lodge a valid application – you should receive the bridging visa grant notice shortly after lodging a valid application.

      Reply
  125. Dinesh kumar

    Hi I applied my visa 187 on June 2013. They rejected my visa on jan 2014 by saying that I haven’t submitted my 2yrs work contract. But actually I submitted contract while I applying my visa. I have evidence of that. So they told me go via MRT. my concern is will be okey for my case. I mean I will get my positive result from MRT? do reply pls.

    Thanks
    Dinesh kumar.sv

    Reply
    1. Peng Cheng Post author

      Hi Dinesh,
      If you can demonstrate that you satisfy the visa requirements, then you can win at MRT – if you are required to complete 2 years of work, then this is what you need to demonstrate.
      PC

      Reply
  126. Monica

    Hello,
    We are in a 457 Visa, we lost the sponsor and the 90 days will finish on the 21st August. We found another company that is willing to sponsor my husband, but the problem is their sponsorship status was overdue on May 2014, so the company has to apply for their sponsorship again. Does this stop our time left, or its possible to ask for an extent?
    Does applying for a direct entry stream stops the time as well?
    Thank you very much for you time and advice.

    Best Regards.
    Monica

    Reply
    1. Peng Cheng Post author

      Hi Monica,
      The Department will contact you before they take any action against your 457 visa – you can ask for extensions at that time.
      Sure you can apply under the DE stream if you meet the requirements.
      PC

      Reply
  127. venky

    Hello Peng,
    My application for subclass 186 with Employee Nomination is submitted on June 19th. What is the current processing time? Thanks ahead for the information.

    Regards,
    Venky

    Reply
  128. nirms5

    Hai Peng Cheng , I am a cook my employer applied for 186 ens visa , I finished my medicals, , approved by, in this case how much longer it will take to get the permanent residency? I mentioned my time frame Below have a look and your assistance with this is greatly appreciated.
    Nomination launched:10th April 2014
    Visa launched :15th April 29 2014
    Medicals done:14 th may 2014
    Nomination approved:24 th july

    Thank you for the assistance expecting your reply

    Reply
    1. Peng Cheng Post author

      Hi Nirms,
      Processing time is around 3-6 months from when you lodged the application.
      PC

      Reply
  129. Karen

    Hi Peng,

    Thank you in advance for answering mu questions and for taking time to answer out questions here.
    I just have i bit of a confusion. I lodge our application for subclass 186 last June 6 and still waiting to be assigned for a case officer. I am just wondering if we could now undergo health checks or should we wait for a case officer to advise us on this?

    Thanks,
    Karen

    Reply
    1. Peng Cheng Post author

      Hi Karen,
      I’d probably wait – you know that your matter has been allocated once you receive a request from the Department.
      PC

      Reply
  130. MARIA TERESA H. MAMUYAC

    Hi Peng,
    My husband works as a boilermaker and is a 457visa holder. I am his dependent together with our 4 sons. He plans to apply for a permanent visa this september. Our eldest is now 19 years old and is still studying . Will our eldest still be approved as his dependent?
    Thanks in advance for your reply.

    Reply
    1. Peng Cheng Post author

      Hi Maria,
      If your son is still in high school or completing his first post high school qualification and studying on a full-time basis, then he should satisfy the requirements for being included as a dependent.
      PC

      Reply
  131. Amber

    Hi peng
    I am on 457 visa for 2 years and now i am planning to apply for ens186 visa. However if i calculate my pay according to my group certificate its almost 4 weeks unpaid because of holiday i took during 2 years of period. So my question is if my 457 visa was granted on 5 sept 2012 am i able to apply for ens on 6sept 2014 or i have to wait 1 more month? Does immigration check and calculate our total pay in two years to make it is $51500 as a market rate salary because my group certificate show few thousands less pay in total.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Amber,
      They can check to ensure that you have been paid for 2 years of full-time work. You should only apply after completing 2 years of full-time work, excluding any periods of unpaid leave.
      PC

      Reply
  132. Masud

    Dear Peng, Thank you so much for helping people like us through that website.I am holding 457
    My boss is approved for sbs for 457 visa which will expire on december 2014 (3 year from 2011-2014) but i can apply for my 186 transition stream on february 2015 after completing my two years with same employer.
    My question is My employer has to renew his Standard Business Sponsorship for my 186 visa ? please note that he does not want to sponsor to anybody after me so does his business need to renew SBS for 186 ?
    Please Help me.
    Kind Regards
    Masud

    Reply
    1. Peng Cheng Post author

      Hi Masud,
      The sponsor doesn’t need to renew the SBS – you can still satisfy the requirements for the 186 visa even if the sponsor doesn’t current have SBS approval.
      PC

      Reply
  133. Kats

    Hi peng, I am a dental technician, holding the 457 visa and it’s been 2 and a half years since I got one. So I am eligible to apply for the 186.

    As we’ve gone into the process, my agent told me that we needed to inform immigration people and get their permission when we changed the method of making donation. Such as, in 1st year, we paid 2% to TAFE and 2nd year, we made a mixed payment (donation to TAFE and internal training) which met what they required.
    So I just was wondering if this information is correct or not AND I want to know if I ignore this step, would it be too effective?

    Knowing that this is a technical question, it’d be appreciated if you could answer this question.

    Kind Regards,
    Kats

    Reply
    1. Peng Cheng Post author

      Hi Kats,
      As far as I’m aware, you can change between the two training benchmark options without having to inform the Department as long as the employer did comply with its obligation.
      PC

      Reply
  134. vanessa

    Hello Peng
    I an am an enrolled nurse on a 457 visa living in a regional area of NSW , is there any chance for me to apply for PR as my employer is not willing to nominate. Thanks for your advice

    Reply
    1. Peng Cheng Post author

      Hi Vanessa,
      Only state that sponsors 411411 Enrolled Nurse is NT – 190 visa may be an option if you satisfy the requirements for NT state sponsorship.
      PC

      Reply
  135. Ashley

    Hi Peng,

    In February 2015 I will have worked for 2 years on my 457 visa, and my employer is willing to nomiate me for a 186 visa in the transition stream. My question is, does my employer also have to wait until February 2015 (exactly 2 years) to submit the nomination or can this be submitted earlier in order to get nomination approval through?

    Thanks for your help

    Reply
    1. Peng Cheng Post author

      You need to complete 2 years of FT work as a 457 visa holder before you can apply. You can lodge the visa and nomination applications at the same time – you don’t have to wait for nom approval.

      Reply
  136. Jen

    Hi Peng,

    We are on 457 visa for 2 and 7 months with my husband’s former employer. Before he was about to apply for ENS 186 under TRT stream, he was made redundant. Now he has a new employer continuing our 457 visa. My question is, can we apply for ENS 186 TRT stream after 1 year with the current employer? or do we really have to have for 2 years to do so? I hope you could find time to answer my query. Thank you in advance.

    Reply
    1. Peng Cheng Post author

      Hi Jen,
      You need to complete 2 years of work with your current employer before you can apply under the TRT stream.
      PC

      Reply
  137. Julee

    Hi Peng,

    My husband and I having a 485 visa. He has been working for 2.6 months and will be expire the end of this year.
    So we just can get 2.9 months. His company wants to give 186 ens direct entry to him.
    But we ate bit enough to apply for 3y experience. He is a dental technitian (ANZCSO LEVEL2)
    Is there any chance to extemption of 3y experience?
    Thank you so much.

    Reply
    1. Peng Cheng Post author

      Hi Julee,
      Only exemption is if he is paid a base salary of $180,001 per annum or over. Maybe consider the 457 visa.
      PC

      Reply
  138. Renee

    Hi Peng,

    Ours is an arranged marriage and my husband is a British citizen staying and working in NSW Australia as a GP on 457 visa . After marriage he applied for 186 visa on direct entry and I his wife is staying in India it is 9 months of marriage and we have not yet got the visa. We have to go for our medicals by the end of this month. How long will it take for the visa ? And since I his wife is the secondary applicant do i also get a PR along with my husband ? Or would I be on a dependent visa? If I am on dependent visa how long does it take to get a PR and when can my husband apply for a PR?
    Thank you
    Renne

    Reply
    1. Peng Cheng Post author

      Hi Renee,
      Processing time is around 3-6 months. If you are included in the 186 visa application, then you will be granted permanent residency assuming that the visa is granted.
      PC

      Reply
  139. Eliza

    Hi Peng,

    My husband works as a software engineer in Sydney and is living and working there for the last 1 year 2 months. His employer has nominated him for a 186 direct entry scheme visa where my husband is the main applicant and I am the secondary applicant under the 186 visa. Am I eligible for a PR too? Or do I go as a dependent ? How long does it take for me to apply for a PR? I am living in India and how long will it take for the 186 direct entry visa to come through? Documents have been submitted on 15th august 2014 and we have not yet done the medicals.

    Please advise

    Thank you

    Eliza

    Reply
    1. Peng Cheng Post author

      Hi Eliza,
      If the visa is granted to you, then it will be a PR visa. Processing time is around 3-6 months.
      PC

      Reply
  140. David dunne

    Hi peng
    Could you explain what it means when the department have allocated your visa. My visa was allocated on the 8.8.14. How long do you think a decision on visa could take with this progress
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi David,
      Just means that the matter has been given to a case officer for assessment. How long it takes for the case officer to make a decision just depends on the workload of that case officer. Processing time for a 186 is around 3-6 months.
      PC

      Reply
  141. Eduardo

    Hi peng .
    I am currently on a 457 visa for more than two years I’m a maintenance fitter so I’m going to apply for a transition 186 permanent resident visa I got problems to get my IELTS in the last 3 month I made two test so what I need is 5 in each component of IELTS the results as follow .

    First IELTS Test. Listening 5.5 Reading 5.0 writing. 4.5 Speaking 6.0 Overall. 5.5

    Second IELTS Test. Listening 6.0 Reading 4.5 Writing 5.5 Speaking 6.5. Overall. 5.5

    I would like to know if I will be able to apply whit this two IELTS results ? do I have other choose? Please Any advice?
    Thanks in advance for your reply
    Edu

    Reply
  142. Mohsen

    Hi Peng,

    After granting the 186 visa, is it necessary to work 2 years for this company?
    Is there any commitment for employer as well?

    Thank you,
    Mohsen

    Reply
  143. Kathy

    Hi Peng

    Hope you are well

    I am on a 457 visa and have applied for my 186 TRT ENS PR on the 18th June.

    I have received “IMMI Acknowledgement of Valid Application Received” along with 2 attachments:
    Visa App Summary and Covering letter – which includes a bridging visa.
    My Employer Nomination was approved and i believe i have attached all required docs, certified copies, police checks, completed health check etc.

    I have booked flights to Hawaii for 24-28th October – can you please advise if this will be ok or is there anything i have to do?

    Also, do i wait until i am contacted by a cas officer to send in original police checks? (I have all required from UK/USA/AU attached already)

    Thank you for taking the time to read

    Kind Regards
    Cathie

    Reply
    1. Peng Cheng Post author

      Hi Kathy,
      You can use your 457 visa to travel if it is still valid. You don’t need to anything if you are using your 457 visa to leave and re-enter Australia.
      You can upload the police clearances your application through your immiaccount.
      PC

      Reply
  144. RHODA Q. NAVARRO

    Hello Peng,
    Our application for subclass 186 with Employee Nomination is submitted on June 24th. What is the current processing time? Thanks ahead for the information.
    Regards,
    Rhoda

    Reply
  145. Firoj

    Hi Peng

    I will be completing two year with my current employer in Feb 2015 and will go for 186 TRT ENS PR soon after, my question is if i apply for police clearance certificates now and receive them by December this year will they still be considered valid for my PR application in Feb next year? is there a period validity criteria for documents needed for 186?

    Many thanks
    Firoj

    Reply
  146. kaul

    G day Sir, i m kaul , currently on a 457 visa as a customer service manager, in january 2015 my two years will be completed on 457 visa, then will i be eligible for ENS and if any changes in ENS CSOL in these upcoming months like position removes or another will they impliment straightway or will there be period of weeks , months given so we can lodge file who are close to complete 2 years .

    Reply
  147. Anandrav

    Hi Peng,

    I am applying for Employer nomination and PR application next month myself. Could you please advise I can start to fill both application now and save it in my immi account. When my two years 457 visa will finished (next month on18th Oct 2014) can I submit both application, because I don’t know how long I can save and keep application in my immi account.

    your help will be much appreciate.

    Thank you
    Anandrav

    Reply
  148. Anand

    Hi Peng,

    I am on 457 visa and I need to apply next month for PR ,but my company not willing to disclose los and profit statement.
    Do I need this compulsory and I have to submit when my employer nomination application will submit. is their any other way I can apply for employer nomination without los and profit statement.
    your help will be much appreciate.
    Thank you.
    Anandrav

    Reply
    1. Peng Cheng Post author

      Hi Anandrav,
      Profit and loss is generally required. It is not a mandatory document, but the case officer can certainly ask for this.
      We’ve always lodged with Profit and loss statements.
      PC

      Reply
  149. Anandrav

    Hi Peng,

    Thank you for your reply.
    Can I submit employer nomination application without profit and loss statement. if I will submit without profit and loss statement my nomination application will straight away refused ? if case officer will ask letter can my company can submit letter?

    your help will be much appreciate.

    thank you
    Anandrav

    Reply
    1. Peng Cheng Post author

      Can I submit employer nomination application without profit and loss statement. Yes but the Department may ask for this.

      if I will submit without profit and loss statement my nomination application will straight away refused ? No but the Department may ask for this.

      Reply
  150. Raju

    Hi Peng,

    Currently, am on 457 Visa, my employer has submitted ENS 186 for me and waiting for the approval,
    mean while we had a baby and am in the process of getting her Birth Certificate and Passport.

    1. If i get the approval before her passport is issued, how can i add the baby ?

    2. If i get her passport issued before the approval, how can i add the baby ?

    Pls let me know.

    Thanks,
    Raju

    Reply
    1. Peng Cheng Post author

      Hi Raju,
      1. Your baby would have citizenship if you have PR has the time of birth and you are in Australia.
      2. Yes.
      PC

      Reply
  151. Juvelle

    Hi Peng,

    I just wanted to make an inquiry regarding visa 186. If in a particular state (e.g. ACT), my nominated occupation is “closed” will I be still eligible/able to get visa 186?

    Thank you.

    Juvelle

    Reply
    1. Peng Cheng Post author

      Hi Juvelle,
      You can sponsor someone under a 186 visa in ACT. The list indicates that the ACT state government doesn’t sponsor that occupation under a 190 or 489 visa.
      PC

      Reply
  152. amrit

    Hi Peng
    i just want to know about the Business Approval . currently i have 457 visa and my employer business approval will expire after 3 months when i will apply for 186 visa then do i have to Renew The Business approval as well ?

    Reply
    1. Peng Cheng Post author

      Hi Amrit,
      No the employer doesn’t need to have such business sponsorship approval when it sponsors you for a 186 visa.
      PC

      Reply
  153. Gary

    Hi Peng

    my employer submitted a nomination for my 187 visa in july and it has not yet been assigned a case officer. If i was to put my application in now would the case officer look at them both at the same time or would the application be viewed at a later date as it wasn’t submitted until after?

    thanks

    Gary

    Reply
    1. Peng Cheng Post author

      Hi Gary,
      I’ve expect processing time of around 3-6 months from when you lodge the visa application.
      PC

      Reply
  154. Devi

    Hi Cheng,

    Can you pls advise me on the below scenario,,,

    If ENS is approved and then I have lodged PR application with the ENS approval, as am inside the country, I get bridging visa and my PR approval is in process with DIBP and pending, Mean while if my employer say they cant offer the job any more, then what happens to my PR application?

    Is my PR application still valid to continue ?

    If my employer goes back to DIBP and with draw the nomination and other stuff, what happens to my expenses for PR, is this refundable or not?

    what happens, If the employer doesn’t take any action or advice DIBP of my employment ?

    Thanks,
    Devi

    Reply
    1. Peng Cheng Post author

      Hi Devi,
      If the role isn’t available at the time that the Department makes a decision then the application should be refused. The lodgement fee isn’t refundable in this situation.
      PC

      Reply
  155. Jib

    Hi Peng,
    I have recently completed PhD from the University of Melbourne and I am going to apply for VIC nomination for 190 PR visa soon. I am currently working in my nominated occupation (life scientist nec), but my current contract ends with my student visa expiry on 31.12.2014. I am not eligible for 485 visa as I started PhD in January 2010 and my field of study (biomedicine) is not on SOL list (it’s on CSOL). I am happy to stay and work in VIC unless I could find a job interstate and the employer is willing to go through the ENS direct entry stream (186 visa) for me. My question is, once I have applied for the VIC nominated 190 visa (and got the visa), will it be possible to move interstate on 186 visa afterwards? Does the grant of 190 visa forbids from applying for a 186 visa in future (within 2 years)?
    I’ll look forward to your reply.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Jib,
      You can apply for a 186 visa as a 190 visa holder, although you would be applying for PR as a PR holder. I’m not sure what the potential consequences are for 190 visa holders that move states sorry.
      PC

      Reply
  156. marc

    Hi Peng

    on a 186 visa, I may have to leave Australia to go home due to an emergency.
    if I leave the country and have to leave my job, do I lose the visa as I have not stayed with a company for over 2 years ? how long can I leave Australia for ?

    thanks

    Reply
    1. Peng Cheng Post author

      Hi Marc,
      I don’t think that the Department would take action against you, but this is just my opinion because the Department does potentially have the power to investigate. We don’t know enough about the Department’s processes to give a definite answer. You can stay outside of Australia as long as you want, but your time outside of Australia may affect your eligibility for citizenship and renewing your permanent residency via the 155 visa: http://myaccessaustralia.com/australian-permanent-residency-subclass-155-resident-return-visas-rrv/
      PC

      Reply
  157. Ramu

    Am applying for a 186 Visa, mean while I have booked for Medical Health Check’s and my baby born. Now am in the process of applying for her Birth Certificate and Passport.

    does my just born 1 month old baby has to undergo health checks ?

    Pls advice,

    Thanks,
    Ramu

    Reply
    1. Peng Cheng Post author

      Hi Ramu,
      Generally speaking, all immediate family members of the primary applicant need to complete required health examinations.
      PC

      Reply
  158. Will

    Hello Peng,
    We have been living in Australia for the last three years, we came with a 574 visa because my wife was doing a PhD. Then when she finishes she got offered a job as a lecturer in the same University where she did her studies. She was nominated, the nomination is already approved and we applied a couple of weeks ago for our 186 visa. Now something really bad happened at my wife’s job, and apparently they want to dismiss her before her probatory period ends. She has been bullied at job and the dismissal is going to be unfair. We don’t now if our visa application is going to be denied because of this and, the worst part is our current visa will expire at the end on november.
    My question is can the employer withdraw the nomination once this has been approved and we already payed and start the visa application? all of these was completely out of our plans and we actually have nowhwere to go and we put all our savings into de visa. I will greatly appreciate your help.
    Thank you very much.

    Reply
    1. Peng Cheng Post author

      Hi Will,
      If the role is no longer available, then technically the Department would refuse the application because the relevant visa requirements are not satisfied. I suppose that the employer can inform the Department that the role is no longer available.
      PC

      Reply
  159. Rubal

    Hello Peng
    I am on 457 visa and i applied ENS 186 on 22 Aug 14 threw my migration Agent. I am working in Regional Area.

    1. Can please tell me difference between 186 or 187 or which is better.
    2. how long immigration usually take to give decision on ENS after applied and medical.
    3. I applied threw migration agent but i have my own immi account as well can i import application in my immi account to check process or it will effect my original application. I did want to upset my agent or loss his control on application.

    4. I just want to check the any process on application. Can i check it ?

    Any Information will be helpful.
    Thankyou

    Reply
    1. Peng Cheng Post author

      Hi Rubal,
      Processing time is around 3-6 months from when you lodge.
      No you can’t import the application into your own account.
      Sorry but I’m not aware of a way to check the process of the application.
      PC

      Reply
  160. Andreas

    Hi Peng,

    I’m currently hold 457 visa as a baker Occupation , this month i have been 2 year work with same company ,and just about to apply 186 visa by TRT , i got my 457 visa with IELST result one of the section is score 4.5 and the rest is 5 each section and overall 5.5 , and yes i got my 457 visa , and now for 186 visa with 2 work full time with same company , and my IELTS still got 1 more year for expired , can i still use my IELTS result for apply 186 visa ? ?

    thank you

    Andreas

    Reply
  161. Karolina

    Hi Peng,

    Very useful information here!

    I Know the rules changes all the time and saw a previous post regarding this, but just want to make sure it still applies.

    My employer has just lodged a 186 nomination application under the temporary transition stream. Ive been working for them for approx 3,5 years. I’ve been a bit worried weather or not they would meet the training benchmark, as we only have internal, on-the-job training and I know the rules for the training benchmarks have become stricter over time. At the same time my employer lodged a 457 application for an other employee, and they had to renew the sponsorship in that process. They got approved as a standard business sponsor within one week, and also the nomination got approved for this employee . Does this mean that the training benchmark for the 186 most likely will be approved? (Same information was provided) Ie are the same rules for the training benchmark the same for 186 as for 457.

    Many thanks Peng!
    Karolina

    Reply
    1. Peng Cheng Post author

      Hi Karolina,
      If the SBS was recently approved, then the employer would have demonstrated that they have complied with the training requirement for the duration that they held their prior SBS.
      PC

      Reply
      1. Karolina

        Many thanks for your prompt reply Peng!

        So, it’s just one general SBS, not specific ones for the separate 457 and 186?

        Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>