Advice on 190 / 820 / 482 pathways for quick work readiness

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  • 1 Post By paulhand
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Advice on 190 / 820 / 482 pathways for quick work readiness


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Old 08-05-2019, 08:53 AM
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Advice on 190 / 820 / 482 pathways for quick work readiness

Hi All,
I have a bit of a doozy trying to understand the optimal pathway to apply to the situation my Wife and I are in.

I am Australian, she is from the UK and is an Allied Health Professional specialist.

We originally were going to do a 189 Visa at the start of the year, but once we got her qualifications transferred by the appropriate governing body we saw in SkillSelect that we had lost some points due to age and the government raising the bar. We had 50 and required 65, however we had assumed being a native born British with an English degree counted as 20 points for language. From what we understand it does not.

My wife then did 2 IELTS exams, both scoring 9997 with 7 for the writing. It seems that the IELTS writing is unfairly stacked against people and we have personally met English teachers at IELTS exams who cannot get an 8 for writing.

The result 10 points for language which leaves us with 60. We then considered the 190 visa, however the allocations for Queensland were not available earlier in the year and are STILL not available as of this moment, despite them being promised for the start of July.

Upon closer inspection I have discovered that the 820 visa would allow us to enter on a 651 and then lodge an 820 and receive a BVA.

From everything I have read and asked of other people, and what the government call centre people told me, is that "generally speaking" BVAs come with unrestricted work rights, especially for visas like 820 or 190.

I also have noticed that her skill is also on the 482 TSS Medium Track visa which can be processed in under 1 month. There is a private employer who has offered to do this for her however she would prefer to work for the Government Hospitals. They claim they have a huge amount of unfilled positions and that they have just received a massive grant for over 1 billion dollars to plug their worker gap and still believe that it will be so difficult they will need to start recruiting overseas. However, HR is telling us that they usually only do TSS 482 visas for long term roles and they can only sponsor if they can't get Australians.

Furthermore for the 190 visa, BSMQ have stopped answering their phones due to the high volume of attempted applications for the 190 and other state visas so it's not possible to ask them whats going on. I was told a month ago*when I called BSMQ that they were going to get more allocations than previous years but that the guy couldn't comment any more than that.

Currently I see three paths forwards.

1) Lodge an 820 on a 651 tourist visa. Get the BVA and wait for the 651 to expire in 3 months and apply for work.

2) Wait for the 190 allocations to come up then apply for a 190 visa for QLD on a 651 tourist visa and wait for the 651 to expire then get hired on the BVA while the 190 is processed.

3) Try to get sponsored via a 482 TSS, then later do a 190 or 820 to be able to gain permanent residency.

Some concerns I have are:
1) BVA on a 651 Visa
Do you really get an unrestricted work BVA on a 651 work visa if your applying for a 190 or 820 visa? It says in a lot of places that you often get the same restrictions as the substantive visa you applied from, which in this case would be 651 no ability to work. Does the 190 or 820 have a bearing on this?

2) 820 cant be interrupted. It states on the website:
Do not get another visa
To get the permanent Partner visa (subclass 801), you must hold this subclass 820 visa. If you are granted any other visa, the new visa will replace your subclass 820 visa. This means you will not be eligible for the permanent Partner visa (subclass 801).

If the BVA for the 820 was somehow insufficient for her to work we would have to change to another visa stream and forfeit our $8k for the 820. It seems slightly risky to press play on this one knowing some roles are not open to people on BVAs.

3) Rumours of the 820 changing later this year
There are rumours the 820 will change later this year and could require the Sponsor to apply first. This could lengthen the time before a BVA and could increase costs.

4) 190 and BVA
Does the 190 process provide a BVA with work rights if you lodge onshore with a 651, would that work the same as the 820?

5) Are 190s allocated on a per Skill level? Or is there a total number for the state regardless of skill and can they be exhausted quickly on visa applications for other skills she does not have meaning she might not even get a chance?

6) TSS 482 Stuck
If she got a 482 TSS would she be stuck with that employer?
Could we then apply for a 190 or 820 while on a TSS to get out of the single employer restriction and time limit? Or would it then switch to a BVA with the same limitations as the TSS?

7) Waiting with uncertainty is difficult, neither of us can settle or get on with our lives elsewhere, if we make a wrong step it could be costly and time consuming.

We asked QLD Health if its possible to be hired on a BVA and the answer was that it would likely only be for short term roles, and that sponsorship for a 482 TSS medium track would be for more long term roles only that were unable to be filled by an Australian.

If we start the 820 then she could be stuck waiting 2 years before she can obtain any more long term roles without getting a 482 or 190 visa instead which would cancel the 820.

8) Am I completely missing something here?
Theres so many visas, and options and factors and its all a bit confusing so I wouldn't be surprised if i have missed an important detail here.

But so far it seems the options are:
a) Go 820 and take the less long term roles on a BVA until 820 is completed, she can work in 3 months but has to wait nearly 2 years to be able to take on any more bigger roles unrestricted

b) Wait for the 190 allocations and get a BVA then hope the 190 track is faster than the 820 track, however no BVA is possible until 190s open again which is an "unknown" wait, and then theres the question of if there will be sufficient allocations left for her.

c) Try to find a long term role that cant be filled for a TSS 482 sponsorship? There is a massive skill shortage hence the 190 visa track and 482 medium track so lots of jobs are available but this is risky and involves waiting, searching and hoping for the right role. If too long passes it will have been slower than a BVA with option 1 or 2.

Any help, ideas or suggestions would be greatly appreciated.
I have been over all of this stuff so many times since the start of the year and earlier and every time I find out something new it just seems to make me change my mind.

Thanks!


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Old 08-05-2019, 03:21 PM
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Bridging visas for the 820 and 190 visas have nil conditions. You will need to factor in time to get nominated/invited for a 190, which adds lead time and complexity. Similarly, once the new sponsorship rules come into force, you run the risk that there is not enough time to lodge an onshore partner application.

If you clearly qualify for an 820/801, and can lodge in a timely fashion, then that would seem the lowest risk option. By the time you factor in skills assessments/IELTS/nominations etc, there is not much difference in the way of cost either.

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Old 08-05-2019, 10:09 PM
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I agree with Paul. If you have that option, I’d apply for a sc. 820 as soon as possible.

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Old 08-06-2019, 12:09 AM
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Thanks for the advice everyone.
I am leaning that direction now too after reading the BSMQ site in more detail:
migration [dot] qld [dot] gov [dot] au /skilled-visa-options/im-working-queensland

"provide evidence of full-time employment (post-qualification) in your nominated occupation for the past 6 months in Queensland (190 visa). If you are lodging an EOI for a 489 visa you must be LIVING and WORKING in REGIONAL Queensland in your nominated occupation for the past 3 months."

Its a bit vague but this other site mentions:
myaccessaustralia [dot] com /state-sponsorship-qld/

1. In Australia and living in Queensland
...
Demonstrate full-time employment (post-qualification) in your nominated occupation for the past 6 months in Queensland

Am I correct in interpreting that the BSMQ has an additional requirement on top of the Federal Government 190 Visa requirement which is that if you apply onshore you need to already be working in QLD, so this would be for BVA or TSS or student visa applicants already employed in QLD?

Based on above suggested time lines etc its likely that if we go Partner 820 the worst case scenario if we wanted to change mid processing to another visa is forfeiting the 8k application fees etc. If the right opportunity arose that would be worth it anyway. On the other hand there are many things which can go wrong with trying for a TSS especially in the same period of time onshore, so it's probably better to hedge our bets and go the 820 pathway.


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Old 08-06-2019, 03:22 AM
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It's not uncommon for states to require onshore applicants already be living in their state. This way they reduce the possibility that they'll sponsor you and you won't actually move to their state after you get your visa.

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Old 08-06-2019, 06:01 AM
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But this isn't "living" in the state, it's already working in the state which is only possible if you already have one of a handful of other specific visas.

Anyway, I assume that the affect is the same, this Visa would not apply to our situation?


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Old 08-06-2019, 06:44 AM
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Quote:
Originally Posted by jaykangaroo View Post

Am I correct in interpreting that the BSMQ has an additional requirement on top of the Federal Government 190 Visa requirement which is that if you apply onshore you need to already be working in QLD, so this would be for BVA or TSS or student visa applicants already employed in QLD?
Yes - or on working holiday visa, a graduate visa etc etc

Quote:
Originally Posted by jaykangaroo View Post
Based on above suggested time lines etc its likely that if we go Partner 820 the worst case scenario if we wanted to change mid processing to another visa is forfeiting the 8k application fees etc. If the right opportunity arose that would be worth it anyway. On the other hand there are many things which can go wrong with trying for a TSS especially in the same period of time onshore, so it's probably better to hedge our bets and go the 820 pathway.
There should be no reason to change visas mid processing - you only need one permanent visa.

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