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Discussion Starter · #1 ·
Hi guys. I have a pending 457 application and had another offer of employment on a 186 visa from a different company this weekend(different states). Would it be possible to apply for a 186 for a different employer once the 457 is approved in the same line of work as the 457 without having started working for the 457 sponsor. I don’t want to be onshore on a 457 and not working if there is no bridging visa available allowing me to start work for the new sponsoring employer. Hope it all makes sense. TIA
 

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Hi Fabian80 -

You can apply for a 186 onshore at any time (I'm assuming Direct Entry stream here) that you qualify, however if you apply for the 186 after your 457 visa has been approved, you'll still be bound by the 457 visa and the limitation to only work for that sponsor until the 186 is approved. If you want to work for the 186 sponsor, you may want to lodge an onshore 186 now and get the bridging visa from that application, then withdraw your 457 application to prevent the 457 visa from being granted which would limit your work to the 457 sponsoring employer. Keep in mind if you lodge a 186 onshore and only hold a Bridging Visa A, you'll get a Bridging Visa C for the 186 application that will be inactive until the BVA ceases.

All of that being said, employer sponsored visas have become very complex over the last year, even moreso with the new rules as of 18 March 2018 - strongly suggest you carefully review all of the eligibility requirements for any employer sponsored visa you are considering applying for to make sure you meet the requirements.

Hope this helps -

Best,

Mark Northam
 

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Discussion Starter · #3 ·
Thanks for replying Mark, helps a lot. Yes it would the DE stream. The debacle I have is that I’m not even onshore yet. I finally had contact from immi to get my medicals done last week so now if I cancel the 457 and apply for the 186 from offshore I’m looking at around another 9-12 months(worst case scenario) for the visa. As I only have 2 weeks left of work in my home country it means trying to find another job in the interim. I also cannot speak to the agent handling the 457 as he was from the employer and I’m obviously very interested in the 186 as it has the PR status. So confused and also don’t want to waste a whole lot of savings on different visa applications going at the same time which will inevitably only hurt my case. 😩😩😩
 

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If the 457 is close to being approved, perhaps transferring it to the new employer and then lodging the 186 is another option. But as Mark has said, employer sponsored visas are getting much more complex and it'd be a good investment to speak with a migration agent to assess your situation and give you (and your potential employer) strategy options.
 

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Hi Fabian80 -

I understand. Once the 457 is approved, DHA has an expedited program where a transfer from one employer to another (ie, new sponsorship and nomination applications lodged, but no new 457 application lodged) is being done. However if you transfer within weeks after the 457 being approved, it may look suspicious. Applying onshore for the 186 gets you a bridging visa, but if you're on a 457 the bridging visa won't activate until the 186 is granted which could be 6-12 months.

Happy to discuss further at a consultation - please see more info on consultations in my website listed below in my signature.

Best,

Mark Northam

Thanks for replying Mark, helps a lot. Yes it would the DE stream. The debacle I have is that I'm not even onshore yet. I finally had contact from immi to get my medicals done last week so now if I cancel the 457 and apply for the 186 from offshore I'm looking at around another 9-12 months(worst case scenario) for the visa. As I only have 2 weeks left of work in my home country it means trying to find another job in the interim. I also cannot speak to the agent handling the 457 as he was from the employer and I'm obviously very interested in the 186 as it has the PR status. So confused and also don't want to waste a whole lot of savings on different visa applications going at the same time which will inevitably only hurt my case. 😩😩😩
 

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Discussion Starter · #6 ·
Hi Mark, not sure if it’s because of the phone I’m using but I cannot get onto your signature for details to book a consultation. Do you mind posting a link to them. Thanks Fabian
 
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