[trisher80]

Our family are in the process of applying for Permanent Residency.
Our 457Visa is going to expire this September. I am a nurse working in a public hospital for more than 3 years. My Employer has agreed to sponsor me and my family for the Employer Nominated Visa (Subclass 186).

There are 3 Streams under that Subclass: 1. Temporary Residence 2. Direct Entry 3. Agreement Stream.
NSW Health nominations fall under 3. Agreement Stream.

The issue is, my husband has chronic Hepatitis B. We would like to go through a subclass that provides a "medical waiver". Only the Temporary Residence Stream has a medical waiver provision. "The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer (who has lodged a valid nomination with us under the Temporary Residence Transition stream), who wants to offer them a permanent position in that occupation."
I have worked in the company for more than 2 years so technically, I am eligible for this Stream.

Is it possible for my employer to sponsor me via the Temporary Residence Transitions Stream rather than the Agreement Stream even if they have a labour agreement?

 

[Jeremy Hooper]

From what I can see you will have to ask NSW Health or your employer whether you will be able to apply under the TRS and so be eligible to the health waiver. I believe that they are the only ones who will be able to make a decision on the waiver and which steam you can apply under.

When you applied for the 457 visa, did you get a health waiver (4006A) for your husband?