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Hi! I'm new to this.

 

I have a question re. the 186 Visa. On the governmental website, under “Expression of Interest”, it states:

 

“If you do not have an employer who will nominate you, you can submit an Expression of Interest (EOI) through SkillSelect. Prospective employers and state and territory governments can then view your details and decide whether to nominate you for skilled migration.”

 

But when we login to SkillSelect EOI, it states: “The EOI for this subclass is able to be completed.” When I click on “Apply Visa”, I get a pop up window where it states: “In order to lodge an application for this visa type, the employer must have already begun their nomination application. You will need their Transaction Reference Number (TRN) to continue.”

 

Then we are asked: “Do you wish to start lodging a visa application for this visa now?” YES or NO.

 

How do we proceed? Can we proceed? Thanking you in advance.

 

Best regards,

Anna Linda

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Hi verystormy! We’re negotiating and it may happen, but in case the offer falls through, I wanted a backup plan. I though making an EOI was the plan B: to put my husband out there and see if there were any interest from employers. 

Am I way off? Have I misunderstood the Home Affairs homepage? 

Thanks, verystormy, for any assistance or advice. 

Best, 

Anna Linda

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Yes, I am afraid you have misunderstood. Employers are not going to see your details. A 186 application requires a sponsor to be in place with the process started by the employer  

If you want a percent visa, you are better looking at PR visas such as 189 or 190. Or even a 489. Employers generally only offer 457 ( about to become TSS) which are temporary visas. What is the occupation?

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Dear verystormy, 

We got the news yesterday that yes, my husband will be relocating to OZ with the same company he's been with for 11 years, and will have sponsorship. Because the the time difference, we cannot speak with the HR Manager until tomorrow. We were told my husband's visa will take two months so we should plan on 1 May latest to be in OZ. What visa can be approved in such a short time? Now if it's a temp visa, will our eldest son be able to follow us and attend UNI? He's 16 and should complete his studies by 2020 and thereafter enter UNI. We're concerned our accepting a temp visa will affect his studies. 

Any ideas? We want to relocate to OZ, so we're pretty sure we'll accept this lateral move.

Thank you, verystormy for help! 

Best regards, Anna Linda

 

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It is probably going to be a temp visa - the new TSS which is replacing the 457. Though I would be surprised if even a TSS is processed by then unless the company have a priority processing agreement in place

Yes your 16 year old son can go with you. I am assuming he will be coming with you from the start. However, you need to be aware that a number of states will charge you for his education and if you are still on a temp visa when he starts university he will be an international student which means no assistance from the government and have to pay international fees.

If it is a TSS it is important to understand that your are not emigrating to Oz. It is a temporary move with no guarantee of anything more. Have you looked to see if your husband is eligible for an independent skilled visa?

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Dear verystormy,

Thank you for responding. I agree, it does seem a very short processing time, but we were assured he could be in OZ by 1 May.

He just turned 45, literally 7 days ago! So he doesn't have enough points to go in as independent/nominated skilled (189/190).

Is it possible to transition from TSS (which then I gather is the new name for the 457 visa) to PR if he is highly skilled at what he does? He will be taking over for the automation services for this company for all of OZ and East Asia and SE Asia.

Thx, verystormy.

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I am afraid not. The age cut off for 186/7 visas is also 45, so at the end of the TSS you will have to return to your home country. Depending on which list his occupation is on, will depend on how long that will be. If his occupation is only on the short term list, then the TSS will be for 2 years and extendable by a maximum of another two years.

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No, it just means you can get multiple TSS visas each for 4 years. The lists are not broken into highly skilled and less skilled, but long / medium, term and short term. If his occupation is on the long / medium term, then you can get multiple 4 year visas - but will never get PR. If it is on the short term, then you can only get a 2 year visa which is renewable for a maximum of a further 2 years. What is his occupation?

As for salary, that isn't a particularly high salary for Oz. To put it in perspective, a lot of people in WA work in mining and an entry level position is truck driver (they only need a car license) Pays about $90,000 - $100,000

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Dear verystormy,

Finally we know what we are doing. You'll remember, my husband, who just turned 45 this past February, has been offered a position at the same company he’s been working at, to relocate from Denmark to Australia. A few days ago, we spoke to the Migration Agent (MA) provided by the company’s HR, and he informed us that they will apply for a TSS visa for my husband. As far as I can gather, as soon as the MA has all the info, he’ll submit the visa application.

We asked how long it should take. My husband’s employer had advertised his position in OZ all of April. No qualified candidates were screened for interviews, as his position is very specific, and entails knowledge that my husband has garnered over the past 10+ years working for this global company. For due diligence, the company readvertised the position earlier this month and will keep it up a further 2-3 weeks (from the first week of May). Thereafter, as far as we understand, the company is free to submit his visa application, as no Aussie has his specific qualifications. You asked about his Occupation Code. The MA suggested: 233513, Production or Plant Engineer.

That is more background. Here come the questions.

1-We asked the MA how long the TSS application once submitted would take, and he said he honestly didn’t know, as the TSS is so newly implemented. Q: Do you have any idea how long the TSS Medium Term application process takes? Under “Global visa and citizenship processing times”, it states: “Unavailable due to low volume of applications.”

2-If my husband does get the 4 year TSS visa, as I understand it, after three years, he will be applicable for the 186 Visa, under the Temporary Residence Transition Stream. He is over 45 and under the “Age, Skill and English requirements and exemptions”, his salary is above the threshold, and if his salary each year is above the threshold, he is age exempt. Q: Am I understanding the exemption correctly?

3-Q: As my husband has just turned 45, is it correct that he is inapplicable for the 186 Visa under the Direct Stream? I was thinking that if his employer were willing to sponsor him, it might be better to do the 186 Visa, Direct Stream but he is 45, is there no age exemption for the Direct Stream?

4-When I read the “Temporary Skill Shortage visa and complementary reforms: questions and answers” pdf (page 10), it specifies the age changes that affect the 186 and 187 visas. Q: Can my husband apply for the 186 Visa under the Direct Entry stream if he is above 45, under 50 and if his annual salary will be above the wage threshold of 142.000 AUD per annum?

5-On page 12 of the same pdf, does my husband have to apply for the 186 Visa before March 2022? I am wondering if I understand the changes correctly. If all goes well, my husband will get TSS sometime this year, 2018, and by 2021, he should be applicable for the 186 as his wage will be each year above the annual threshold.

6-We understand as temporary visa holders, we must pay school fees for our three children. Our eldest son, aged 16, might then have to wait with uni as after the two years as TSS visa holders, he would not be applicable for OZ PR/citizen student fees. I think he would need to wait a further year until we would get PR. Q: So we need to wait one more year on the TSS than previously on the 457, if I understand things correctly?

7-Are there any Skills Assessments involved with TSS or 186 Visa? And does my husband need to join Engineers Australia (just as here in Denmark, he is a member of the Society of Danish Engineers)?

8-I made an EOI for my husband in September 2017, before he was offered the relocation to OZ position. Does that help in any way?

Basically, if we have no chance of getting PR after three years, maybe we need to reconsider this move unless there is a chance of PR in the future.

Best regards,
Anna

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2 hours ago, annalindat said:

Dear verystormy,

Finally we know what we are doing. You'll remember, my husband, who just turned 45 this past February, has been offered a position at the same company he’s been working at, to relocate from Denmark to Australia. A few days ago, we spoke to the Migration Agent (MA) provided by the company’s HR, and he informed us that they will apply for a TSS visa for my husband. As far as I can gather, as soon as the MA has all the info, he’ll submit the visa application.

We asked how long it should take. My husband’s employer had advertised his position in OZ all of April. No qualified candidates were screened for interviews, as his position is very specific, and entails knowledge that my husband has garnered over the past 10+ years working for this global company. For due diligence, the company readvertised the position earlier this month and will keep it up a further 2-3 weeks (from the first week of May). Thereafter, as far as we understand, the company is free to submit his visa application, as no Aussie has his specific qualifications. You asked about his Occupation Code. The MA suggested: 233513, Production or Plant Engineer.

That is more background. Here come the questions.

1-We asked the MA how long the TSS application once submitted would take, and he said he honestly didn’t know, as the TSS is so newly implemented. Q: Do you have any idea how long the TSS Medium Term application process takes? Under “Global visa and citizenship processing times”, it states: “Unavailable due to low volume of applications.”

2-If my husband does get the 4 year TSS visa, as I understand it, after three years, he will be applicable for the 186 Visa, under the Temporary Residence Transition Stream. He is over 45 and under the “Age, Skill and English requirements and exemptions”, his salary is above the threshold, and if his salary each year is above the threshold, he is age exempt. Q: Am I understanding the exemption correctly?

3-Q: As my husband has just turned 45, is it correct that he is inapplicable for the 186 Visa under the Direct Stream? I was thinking that if his employer were willing to sponsor him, it might be better to do the 186 Visa, Direct Stream but he is 45, is there no age exemption for the Direct Stream?

4-When I read the “Temporary Skill Shortage visa and complementary reforms: questions and answers” pdf (page 10), it specifies the age changes that affect the 186 and 187 visas. Q: Can my husband apply for the 186 Visa under the Direct Entry stream if he is above 45, under 50 and if his annual salary will be above the wage threshold of 142.000 AUD per annum?

5-On page 12 of the same pdf, does my husband have to apply for the 186 Visa before March 2022? I am wondering if I understand the changes correctly. If all goes well, my husband will get TSS sometime this year, 2018, and by 2021, he should be applicable for the 186 as his wage will be each year above the annual threshold.

6-We understand as temporary visa holders, we must pay school fees for our three children. Our eldest son, aged 16, might then have to wait with uni as after the two years as TSS visa holders, he would not be applicable for OZ PR/citizen student fees. I think he would need to wait a further year until we would get PR. Q: So we need to wait one more year on the TSS than previously on the 457, if I understand things correctly?

7-Are there any Skills Assessments involved with TSS or 186 Visa? And does my husband need to join Engineers Australia (just as here in Denmark, he is a member of the Society of Danish Engineers)?

8-I made an EOI for my husband in September 2017, before he was offered the relocation to OZ position. Does that help in any way?

Basically, if we have no chance of getting PR after three years, maybe we need to reconsider this move unless there is a chance of PR in the future.

Best regards,
Anna

You seem to have the services of a migration agent who should be able to answer all your questions for you as they are qualified in their field.  

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It is very difficult at the moment to predict TSS visas as they are been granted very erratically.

As I have already stated, a 186 or any other PR visa is not an option as he is too old. You can not get PR. So, you will be allowed to live and work in Oz on a temporary basis only. So, you will not be migrating  

You should familiarise yourself with the issues that come with a temporary visa. These will vary according to your family situation. 

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