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Discussion Starter · #1 ·
Hi,

I am having big difficulties with my employer to start the process of a Employer Nomination Scheme (subclass 186), with the simple reason that they keep telling me yes, but they have been inactive for the last 6 months now.
The Department of Immigration told me there is nothing to do, and my employer has no obligation to apply.
I'd like to apply by myself with skillSelect but my ANZSCO occupation code is not in the Skilled Occupations List.

I keep harassing them, my question is, do I have another choices ? They promised me they will apply, but is there laws to cover me ?

Thank you very much.
Best Regards.
 

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There is no legal requirement for your employer to sponsor you for permanent residency. Can you speak with them to see what's causing them to delay going ahead?

If they choose not to proceed, then your options are to look for anolther way to gain PR on your own, or look for another sponsor. If you're currently on a 457, you may find another sponsor for that visa who would then be willing to sponsor you for a 186. You'd have to wait 2 years if you go down the Temporary Residence Transition Stream, or if your occupation is on the CSOL you could look at the Direct Entry Stream.
 

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Discussion Starter · #3 ·
Thank you very much for your quick reply. I really appreciate.
As we all know, what's causing to delay is they just want me to work for them with my 475 until the end ;-)
My occupation is on the CSOL. You mean I'd have to wait 2 years again if I find another employer right ?
If I get PR with my current employer, I am free to leave them, isnt it ?
Best Regards
 

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Discussion Starter · #4 ·
Yes I am on a 457 Visa. My occupation is on the CSOL.
If I get PR with my current company, using Employer Nomination Scheme (subclass 186) Direct Entry Stream. I can leave the company when I want ot isn't it ?
 

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As part of the application process, both employer and employee commit to maintaining the existing employment relationship for 2 years from the time of the visa grant, but I've not heard of anyone losing their visa if they've left the company before.
 

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As far as I know there are currently no issues (as far as immigration is concerned) for the 186 visa (unlike the 187 visa) if the employment is discontinued, unless of course the application was fraudulent and there was no intention to actually provide or take up the employment. There could be contractual issues though, but that is a different matter.
 
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