[scooby]

Hello everyone! I've tried searching the forums but could not find the right answers and hope it is ok to set up a new thread .

A bit of background:
- on visa 457 with the same employer for the past three years
- employer will lodge the nomination application soon - transition stream
- plan to apply via Non-DCR

Questions:
- Once the nomination application is lodged, can I apply for the ENS 186 right away or do I need to wait for the nomination ack letter?
- Police clearance document: I used to live in the US from 1995-2008 and got a FBI police clearance report dated last year (Aug 2012). I haven't gone back to US after Aug 2012. Do I need to get a new FBI report or the one I got from Aug 2012 still valid? (I thought I was going to apply for 186 last year).
- If you have an experience on the processing timeline with ENS 186 Transition Stream Non DCR, can you share how long does it take to get the visa approved? I've searched lots of threads but mostly found info on DCR Direct Entry.

 

[MarkNortham]

Hi Scooby -

Once the nomination is lodged, you'll get a TRN number for that which can be used to lodge the Application. USA police clearance still OK to use. Hard to predict processing times due to a huge backlog of ENS and RSMS visas from June 2012. Some are being granted as quickly as a couple of months, others are taking many months - no rhyme or reason as far as I can tell.

Hope this helps -

Best,

Mark Northam

 

[scooby]

Thanks so much Mark for your reply. Really appreciate it.

If I understand correctly, we don't need to lodge the police & medical paper until the case officer is assigned, right?

If you don't mind, I have just another question....

Regarding the exemption from English requirements, would a transcript from a US University suffice as a supporting document (studied over 5 yrs there)?

 

[MarkNortham]

Hi Scooby -

It might - here's the exact reg:

"Persons who have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English."

You would need to somehow demonstrate that the University courses you took were all delivered in English - this might be with a college catalog, letter from the college, etc - the degree that a case officer decides to be picky about this can vary - some might well take the transcript and be satisfied, others may want more.

The ENS nomination and visa application can appear deceptively simple - in reality the regs behind the ENS (and RSMS) visas are anything but simple, especially when it comes to looking backwards at the nominating employer's conformity with training obligations, any changes in the employer or position during the qualifying 2 year period, etc. These are far more complicated than 457's, and DIAC gives them a much closer look because they're permanent visas vs. temporary visas (457, etc).

Hope this helps -

Best,

Mark Northam

 

[scooby]

That's really helpful Mark. Thanks again. I'll keep your advise in mind when I start the application process. At the moment it seems that my case is rather straightforward but it may not always be the case. I'll be checking with the Uni HR as well to see what assistance they can provide (I'm a lecturer/researcher at the Uni) regarding the ENS. If it gets too complex then we'll definitely consider seeking help from the MA.

 

[Bonza]

Hi Scooby -

It might - here's the exact reg:

"Persons who have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English."

You would need to somehow demonstrate that the University courses you took were all delivered in English - this might be with a college catalog, letter from the college, etc - the degree that a case officer decides to be picky about this can vary - some might well take the transcript and be satisfied, others may want more.

The ENS nomination and visa application can appear deceptively simple - in reality the regs behind the ENS (and RSMS) visas are anything but simple, especially when it comes to looking backwards at the nominating employer's conformity with training obligations, any changes in the employer or position during the qualifying 2 year period, etc. These are far more complicated than 457's, and DIAC gives them a much closer look because they're permanent visas vs. temporary visas (457, etc).

Hope this helps -

Best,

Mark Northam

Hi Mark,

Sort of echoes my sentiments. For a firm that has been so used to doing the 457 they can be sloppy as the ENS186 appears to be the same on paper but is actually very thorough.

Due to this I am most likely going with the Direct Entry even though in I will be ready under the transition in about 60 days.

I have a positive skill assessment, 2 years with one employer and 2+ years (and ongoing with the current) in a marketing role and also a masters in marketing. All straight on paper with no breaks or curious patterns.

The way I see it the Transition stream has the hurdle at the Nomination stage and a breeze through the visa whereas the Direct Entry is *slightly* more relaxed at the Nomination stage with a more thorough check at the Visa stage. This can be particularly tricky for those with a very mixed background of employers, titles, occupations etc.

thanks
Bonza

 

[MarkNortham]

Hi Bonza -

I'd agree with your assessment re: ENS direct entry - good luck with your application!

Best,

Mark Northam

 

[tuku]

186 Visa Query

Hi Mark,

I am currently on a 457 visa for the last 15 months; I was nominated in the position of Env. Engineer (233915), however, my job is of a Research Associate in a University. The latter occupation is on the CSOL list i.e. University Lecturer - 242111(includes Research Associate). My company is a reputed University and are ready to apply for a 186 visa for the position of Research Associate and not environmental engineer that was my nomination for 457 visa.
As you know for 186 visa, I need to show 3 years work experience. And I already have nearly 2 years work experience from my past work but need to show the rest from my present work, which is of research associate but not environmental engineer, as nominated for 457. Does this mismatch really going to impact my case, when I would be nominated for the position of Research Associate, and also while showing my 3 years work experience?

I have a reference letter from my present employer to say that I have worked as a Research Associate. I do not think that I need a skill assessment for this position, as it's being nominated as an academic position by a University and; therefore, would be eligible for a skill exemption. Please correct me if I am wrong.

Your guidance would be appreciated.

Cheers

 

[MarkNortham]

Hi Tuku -

You need to find out if your university has a labour agreement with DIAC (Australian Immigration Dept) - consult your Univ HR dept for more. If so, you need to look to the specifics of that agreement for the requirements for nomination, etc. The agreements stream is a separate stream from the Transitional or Direct Entry stream and has its own set of rules.

Best,

Mark Northam

 

[tuku]

Hi Mark,

Thanks for your reply. The University would be applying under Direct Entry Stream and I think they have an agreement, as the HR manager said that they have done similar cases of 186 DES before. I would like to know if it is acceptable to DIAC when the 186 DES nomination i.e. for Research Associate mismatches with my 457 visa nomination i.e.. for Env. Engineer? Also do I get a skill exemption for the position of Research Associate, as its an academic position?

Thanks in advance.

Tuku

 

[MarkNortham]

Hi Tuku -

If the Uni has an agreement, then you would likely be applying under the "Agreement Stream" which is different than the Direct Entry or Transitional.

To answer your other questions will require a careful examination of both your previous work experience and the specific employment contract of your nominated job at the Uni - not possible for a quick answer on a forum. If you'd like to engage us to explore this further, please advise - contact info in my profile - thanks!

Best,

Mark Northam

 

[cameron_aus]

Hi Guys,

Here is my timeline for 186 - Direct Entry Stream.

My previous visa was 485 and I hold Pakistani passport that comes in high risk countries and process is slightly slower.

Please note that I have done everything myself, no migration agent was involved.

Employer Timeline:

- 18th March 2013: Employer nomination applied for Graphic Pre-press by my employer

- 16th August 2013: Case officer asked for more documents from employer i.e. Training receipts and contract copy

- 12th September 2013: Documents provided on last day (boss was busy)

- 16rd September 2013: More documents requested from employer

- 17th September 2013: Documents sent to the case officer

- 20th September 2013: Nomination Approved!

Now (my) Employee Visa Timeline:

- 26th June 2013: 186 Visa applied without nomination

- 20th September 2013: After nomination approval document request. (Medical, Police Clearance from overseas and IELTS result)

- 30th September 2013: Medical taken at Melbourne

- 7th October 2013: IELTS and Police clearance posted

- 9th October 2013: Visa Granted!

I am very happy now!

I will try my best to help if someone needs me.

Best of luck everyone!

Thank you!

Kamran

 

[sru20]

Hi Mark,

Thanks for your reply. The University would be applying under Direct Entry Stream and I think they have an agreement, as the HR manager said that they have done similar cases of 186 DES before. I would like to know if it is acceptable to DIAC when the 186 DES nomination i.e. for Research Associate mismatches with my 457 visa nomination i.e.. for Env. Engineer? Also do I get a skill exemption for the position of Research Associate, as its an academic position?

Thanks in advance.

Tuku

Hi Tuku,
How did your application go? I am in a similar situation to you and was wondering how yours went?

sru20