461 to perm residency.....confusion

Old Apr 16th 2014, 4:37 am
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Default 461 to perm residency.....confusion

Hi All

I am currently on the 461 visa, I arrived here with my partner who is a kiwi on the 457 visa in 2007, did that for 2.5 yrs they changed to the 461.

I work as a nurse.

I am looking for perm residency wondering what is the best option for me.

I asked work about the ENS 186 and got this response

Hi David,

To have STV sponsor you for permanent residency the only stream we may be able to nominate you for would be the Employer Nomination Scheme (subclass 186) Direct entry Stream. This is for
· people who have been nominated by their employer under the Direct Entry stream
· people who have never, or only briefly, worked in Australia
· temporary residents who do not qualify for the Temporary Residence Transition stream (meaning you are on a 457), or
· people with a nomination lodged with us before 1 July 2012

The role we are offering you must be for an occupation on the Consolidated Sponsored Occupation List (which it is) and be full time, ongoing and available for at least two years. You must also have a least 3 years full time work experience.

Additional to this STV require
· Written reviews at 6 and/or 12 months that reflect positive performance
· A submission made by the employee to the manager as to why STV should sponsor the employee

If the manager agrees to support a nomination for permanent residency they will need to confirm that they are happy for the cost of $540 to come from their cost centre. This cost cannot be passed on to an employee and needs to be covered by the organisation.

If I was you I would call immigration and confirm if this is the correct path for you. I can only advise on the nomination of the visa not the visa itself so best to check with them. If you find that it is and you want to move forward you will need to get your manager to email me an approval to start the process.

This process will involve me obtaining the positive performance reviews and letter requesting sponsorship (as outlined above) and you filling in some forms to give us all the required information we need to submit a nomination. This process can be timely and complicated so I cannot guarantee that we will even be able to lodge the Visa until I look into it when it is approved.

Hope this helps and let me know if you have any questions.

Kind Regards,
This is fine but I work in emergency and the thought of going back to full time is enough to make me jump back on the boat.

I could stay on the 461 visa however it is costing 250 bucks a month for medical insurance. Apparently I am not eligible for a medicare card as I came to Aus from NZ even though I am a British Citizen.....I wasnt on perm residency in NZ.

The tax office has said that I can no longer apply for the medicare exemption certificate as of 2012, so I owe the tax man 846 bucks plus this year I have to pay the levy....even though I dont get medicare! Might have something to do with our relationship being recognised (same sex).

I could go for the Skilled Independent visa (subclass 189)

So can anyone advise me on my best route to perm residency, or should I go see an immigration lawyer?
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Old Apr 16th 2014, 4:55 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by davepoole
Hi All

I am currently on the 461 visa, I arrived here with my partner who is a kiwi on the 457 visa in 2007, did that for 2.5 yrs they changed to the 461.

I work as a nurse.

I am looking for perm residency wondering what is the best option for me.

I asked work about the ENS 186 and got this response



This is fine but I work in emergency and the thought of going back to full time is enough to make me jump back on the boat.

I could stay on the 461 visa however it is costing 250 bucks a month for medical insurance. Apparently I am not eligible for a medicare card as I came to Aus from NZ even though I am a British Citizen.....I wasnt on perm residency in NZ.

The tax office has said that I can no longer apply for the medicare exemption certificate as of 2012, so I owe the tax man 846 bucks plus this year I have to pay the levy....even though I dont get medicare! Might have something to do with our relationship being recognised (same sex).

I could go for the Skilled Independent visa (subclass 189)

So can anyone advise me on my best route to perm residency, or should I go see an immigration lawyer?
If you qualify for the 189, go for that one - that way you are not tied to any employer.
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Old Apr 16th 2014, 5:03 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by Pollyana
If you qualify for the 189, go for that one - that way you are not tied to any employer.
Thats what I am thinking but was wondering if there are any 'pathways'.

I have read on here that when you apply for perm residency you can get a medicare card. This should save me paying the 250 per month insurance I am paying now.
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Old Apr 16th 2014, 5:48 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by davepoole
Hi All

I am currently on the 461 visa, I arrived here with my partner who is a kiwi on the 457 visa in 2007, did that for 2.5 yrs they changed to the 461.

I work as a nurse.

I am looking for perm residency wondering what is the best option for me.

I asked work about the ENS 186 and got this response



This is fine but I work in emergency and the thought of going back to full time is enough to make me jump back on the boat.

I could stay on the 461 visa however it is costing 250 bucks a month for medical insurance. Apparently I am not eligible for a medicare card as I came to Aus from NZ even though I am a British Citizen.....I wasnt on perm residency in NZ.

The tax office has said that I can no longer apply for the medicare exemption certificate as of 2012, so I owe the tax man 846 bucks plus this year I have to pay the levy....even though I dont get medicare! Might have something to do with our relationship being recognised (same sex).

I could go for the Skilled Independent visa (subclass 189)

So can anyone advise me on my best route to perm residency, or should I go see an immigration lawyer?
It doesn't look like you particularly need a migration agent. On the face of it looks like a straight forward option in the skilled migrant visa.

What do you mean by "pathways"?
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Old Apr 16th 2014, 7:00 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by Bermudashorts
What do you mean by "pathways"?
There is the potential on an ENS (186/7) for NZ visa holders that does not require a skills assessment, which would be required for the 189.
That is the main difference.
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Old Apr 16th 2014, 7:01 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by TeeTMI
There is the potential on an ENS (186/7) for NZ visa holders that does not require a skills assessment, which would be required for the 189.
That is the main difference.
Well if they don't want to work full time, I don't see how 186/7 is an option.
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Old Apr 16th 2014, 7:34 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by Bermudashorts
Well if they don't want to work full time, I don't see how 186/7 is an option.
Depends how many hours they are working - full time seems to be classed as 20 hours a week or more.
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Old Apr 16th 2014, 7:46 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by old.sparkles
Depends how many hours they are working - full time seems to be classed as 20 hours a week or more.
For work experience for a skilled migrant visa, yes 20 hours is enough.

But for sponsorship under a 186/7 I always understood that this needed to be a true full time position, so more like 37 hours a week.
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Old Apr 16th 2014, 7:49 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by Bermudashorts
For work experience for a skilled migrant visa, yes 20 hours is enough.

But for sponsorship under a 186/7 I always understood that this needed to be a true full time position, so more like 37 hours a week.
That would make a big difference then so the 186 would not be an option.
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Old Apr 16th 2014, 9:25 am
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Default Re: 461 to perm residency.....confusion

thanks for the replies, I think going with the 189 is the best option then. Just wondered if their were any other options, sounds like there isnt. The 186 looks like a fairly painless option.

Don't really want to jump through my employers hoops, I am fairly sure my nurse manager would make me do shit I dont want to do.....it has been a rocky 7 yrs but apparently it is one of the better places to work, even with its 'i cant cope with conflict so I brush everything under the rug manager'. Also working full time is a little bit like a slow death.

I never thought I would become a part timer so soon, love the Australian dream, work 4 days a week and still earning enough to live and lots more than I used to earn in the UK.

So will look into doing the 189.

As for pathways I wasnt sure but have read people talking about the 457 visa being a stepping stone to PR....I really havent looked too much into it so didnt know.
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Old Apr 16th 2014, 9:46 pm
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Default Re: 461 to perm residency.....confusion

Originally Posted by davepoole
thanks for the replies, I think going with the 189 is the best option then. Just wondered if their were any other options, sounds like there isnt. The 186 looks like a fairly painless option.

Don't really want to jump through my employers hoops, I am fairly sure my nurse manager would make me do shit I dont want to do.....it has been a rocky 7 yrs but apparently it is one of the better places to work, even with its 'i cant cope with conflict so I brush everything under the rug manager'. Also working full time is a little bit like a slow death.

I never thought I would become a part timer so soon, love the Australian dream, work 4 days a week and still earning enough to live and lots more than I used to earn in the UK.

So will look into doing the 189.

As for pathways I wasnt sure but have read people talking about the 457 visa being a stepping stone to PR....I really havent looked too much into it so didnt know.
I don't know why you seem a bit averse to the 189. I would have thought it supremely easier than a 186. With the 186 not just you but the employer has to jump through hoops as well, it also takes longer. Never mind that you don't appear to qualify for it anyway.

The 189 is a good option, there is no need to seek out alternatives.
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Old Apr 17th 2014, 5:01 am
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Default Re: 461 to perm residency.....confusion

Originally Posted by davepoole
thanks for the replies, I think going with the 189 is the best option then. Just wondered if their were any other options, sounds like there isnt. The 186 looks like a fairly painless option.

Don't really want to jump through my employers hoops, I am fairly sure my nurse manager would make me do shit I dont want to do.....it has been a rocky 7 yrs but apparently it is one of the better places to work, even with its 'i cant cope with conflict so I brush everything under the rug manager'. Also working full time is a little bit like a slow death.

I never thought I would become a part timer so soon, love the Australian dream, work 4 days a week and still earning enough to live and lots more than I used to earn in the UK.

So will look into doing the 189.

As for pathways I wasnt sure but have read people talking about the 457 visa being a stepping stone to PR....I really havent looked too much into it so didnt know.
The only 'pathway; that I could see would be that if you come on a 457 as a nurse it is a litle easier to transition to a PR visa as you are already registered with AHPRA before going for PR, that saves on part of the skills assessment I believe.
Apart from that though, you really would be best doing the 189. Leaves you with no ties employment-wise and you can just go ahead and apply without needing anything from an employer..
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