Eligibility to apply for Subclass 186 - Transitional Stream

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Eligibility to apply for Subclass 186 - Transitional Stream


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Old 12-09-2014, 04:16 AM
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Eligibility to apply for Subclass 186 - Transitional Stream

Dear all,

I started to work as a full time permanent for the current employer since 01/04/2011.

My employer agreed to sponsor me under working visa 457 and on 01/10/2012 i was granted 457 Visa.

I continue my employment as a full time permanent accountant with this employer since then.

Until today 09/12/2014, I have been working for more than 2 years while holding 457 for the same employer (who has sponsored me) in the same nominated occupation (Accountant). Am i eligible to apply for 186 Transitional Stream?

According what said in the website of immigration department, it look like i am eligible. However, my immigration lawyer said that i am prevented by regulation 5.19(3) from applying for 186 until after your 3rd year with your current employer, and he quoted me the following regulation:

" the nominee must have been employed full time in Australia in the position for which he or she holds a Subclass 457 visa for at least 2 of the 3 years preceding the nomination application; or
the nominee holds a Subclass 457 visa on the basis that s/he was identified in a nomination of a specified occupation for that visa, the nominator nominated the occupation, and the nominee has been employed in that occupation for at least 2 in the 3 years immediately before the application."

This is so confused to me.

Please if anyone can help me with a clarification that would be greatly appreciated.


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Old 12-09-2014, 04:39 AM
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You must have been employed by your sponsor as the holder of a sc. 457 visa for 2 years in the period of 3 years immediately before the nominator makes the application.

Since you have been employed by the sponsor on a sc. 457 visa from 1/10/2012, you have been employed by him for more than 2 years in the 3 preceding years.

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Old 12-09-2014, 04:56 AM
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Thanks Nick!

That is exactly what i thought. However, i do not know why my migration lawyer said i am prevented from applying for 186.

Does his interpretation on regulation 5.19 (3) incorrect?


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Old 12-09-2014, 05:10 AM
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I can't comment on what another immigration lawyer has said without actually seeing it in writing and being across all facts of the particular case..

There are often problems with these sort of applications where the sponsor hasn't met the training requirements of the SBS. Maybe that's what he has been alluding to ?

As far as 5.19(3) is concerned, I do not understand how it can be interpreted any different from what it says: "the nominee must have been employed full time in Australia in the position for which he or she holds a Subclass 457 visa for at least 2 of the 3 years preceding the nomination application".

The way I read it, all it means is that the 2 years employment must have taken place within the 3 year period before the nomination application is made.

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Last edited by CCMS; 12-09-2014 at 05:17 AM.

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Old 12-09-2014, 05:29 AM
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Thank you Nick


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Old 12-11-2014, 01:15 AM
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My understanding to this reg. is:

.. From the date the nominee was granted 457 he/she must remain the employment with the employer who sponsored him/her while holding 457 for 3 years before the sponsor can nominate he/she to 186. Within that 3 years, he/she is only required to work for a minimum 2 years (in case he/she took any leave within that 3 years).

In my case, I was granted 457 on 01/10/2012 from which I have worked for my employer (the sponsor) for 26 months while holding 457. Even I have worked for more than 2 years but it is not enough 3 years yet. Therefore I am still not yet eligible to lodge a nomination for 186 until 01/10/2015 when I have accumulated 3 years employment under 457.

Is there anybody here has the same situation like me? I would like to hear your opinion and that would be greatly appreciated.

Regards,


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Old 12-11-2014, 02:04 AM
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I have never heard of a 457 holder needing to work any longer than 2 years before being able to apply for a 186 under the temporary transition stream.

In my case, I was issued a 457 in July 2011 and I started working for my employer on Oct. 4, 2011. The nomination and application for my 186 visa was lodged on Oct. 8 2013.

What is unique about your situation that you need to wait for 3 years? As I said, I've never heard of any requirement for working beyond 2 years before applying.

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Old 12-11-2014, 02:25 AM
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Quote:
Originally Posted by Maggie-May24 View Post
I have never heard of a 457 holder needing to work any longer than 2 years before being able to apply for a 186 under the temporary transition stream.

In my case, I was issued a 457 in July 2011 and I started working for my employer on Oct. 4, 2011. The nomination and application for my 186 visa was lodged on Oct. 8 2013.

What is unique about your situation that you need to wait for 3 years? As I said, I've never heard of any requirement for working beyond 2 years before applying.
Thanks Maggie,

Actually there is nothing unique about my case. It is just my migration lawyer insists that i am not eligible for 186 nomination according to the Reg. quoted above.

I started to work for my employer as a fulltime permanent accountant since 01/04/2011 while holding 485 VISA. On 01/10/2012 I was granted 457 and kept working for the same employer in same position till current.

I thought I have been working for more than 2 years while holding 457, then I am eligible for 186 now but advice from my lawyer made me so confused.

It is good to know that you was granted 186 after 2 years holding 457.


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