Q on 186 Visa

Old Feb 27th 2018, 9:50 am
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Default Re: Q on 186 Visa

Dorothy, what if it's applied by tomorrow, 28 Feb?
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Old Feb 27th 2018, 9:57 am
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Default Re: Q on 186 Visa

Originally Posted by annalindat
Dorothy, what if it's applied by tomorrow, 28 Feb?
Not likely. Does the company have approval to sponsor? Have they nominated your husband? Do you have the nomination number and everything necessary to get an application lodged within the next 27 hours? Even if you do have all of that, your husband is too old to apply for PR.
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Old Feb 27th 2018, 10:12 am
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Default Re: Q on 186 Visa

Even if he had got the 457 last week it would still not lead to PR as he will be too old to apply. It was possible but has recently changed, the employer may not be fully aware it is no longer possible.
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Old May 12th 2018, 8:34 pm
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Default Re: Q on 186 Visa

Dear All,

Finally we know what we are doing. You'll remember, my husband, who just turned 45 this past February, has been offered a position at the same company he’s been working at, to relocate from Denmark to Australia.

A few days ago, we spoke to the Migration Agent (MA) provided by the company’s HR, and he informed us that they will apply for a TSS visa for my husband. As far as I can gather, as soon as the MA has all the info, he’ll submit the visa application.
We asked how long it should take. My husband’s employer had advertised his position in OZ all of April. No qualified candidates were screened for interviews, as his position is very specific, and entails knowledge that my husband has garnered over the past 10+ years working for this global company. For due diligence, the company readvertised the position earlier this month and will keep it up a further 2-3 weeks (from the first week of May). Thereafter, as far as we understand, the company is free to submit his visa application, as no Aussie has his specific qualifications.

That is the background. Here come the questions.

1-We asked the MA how long the TSS application once submitted would take, and he said he honestly didn’t know, as the TSS is so newly implemented. Q: Do you have any idea how long the TSS Medium Term application process takes? Under “Global visa and citizenship processing times”, it states: “Unavailable due to low volume of applications.”

2-If my husband does get the 4 year TSS visa, as I understand it, after three years, he will be applicable for the 186 Visa, under the Temporary Residence Transition Stream. He is over 45 and under the “Age, Skill and English requirements and exemptions”, his salary is above the threshold, and if his salary each year is above the threshold, he is age exempt. Q: Am I understanding the exemption correctly?

3-Q: As my husband has just turned 45, is it correct that he is inapplicable for the 186 Visa under the Direct Stream? I was thinking that if his employer were willing to sponsor him, it might be better to do the 186 Visa, Direct Stream but he is 45, is there no age exemption for the Direct Stream?

4-When I read the “Temporary Skill Shortage visa and complementary reforms: questions and answers” pdf (page 10), it specifies the age changes that affect the 186 and 187 visas. Q: Can my husband apply for the 186 Visa under the Direct Entry stream if he is above 45, under 50 and if his annual salary will be above the wage threshold of 142.000 AUD per annum?

5-On page 12 of the same pdf, does my husband have to apply for the 186 Visa before March 2022? I am wondering if I understand the changes correctly. If all goes well, my husband will get TSS sometime this year, 2018, and by 2021, he should be applicable for the 186 as his wage will be each year above the annual threshold.

6-We understand as temporary visa holders, we must pay school fees for our three children. Our eldest son, aged 16, might then have to wait with uni as after the two years as TSS visa holders, he would not be applicable for OZ PR/citizen student fees. I think he would need to wait a further year until we would get PR. Q: So we need to wait one more year on the TSS than previously on the 457, if I understand things correctly?

7-Are there any Skills Assessments involved with TSS or 186 Visa? And does my husband need to join Engineers Australia (just as here in Denmark, he is a member of the Society of Danish Engineers)?

8-I made an EOI for my husband in September 2017, before he was offered the relocation to OZ position.

Does that help in any way?
Basically, if we have no chance of getting PR after three years, maybe we need to reconsider this move unless there is a chance of PR in the future.

Best regards,Anna

Last edited by annalindat; May 12th 2018 at 8:37 pm.
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Old May 13th 2018, 1:47 am
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Default Re: Q on 186 Visa

TBH I would be seeking some advice from an agent independent from the company. Ones who post on this forum would be a start. They can hopefully give you a realistic view on this.

From looking at at the info he would need to do 3 years on a Temp visa and then apply with evidence of the higher wages.

It looks risky to me, and they can and do change the rules. With a 16 year old you will need to plan carefully so as not to disadvantage them.

you may find he will be up for international fees both in Australia and the UK!
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Old May 13th 2018, 9:09 am
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Default Re: Q on 186 Visa

Originally Posted by rammygirl
TBH I would be seeking some advice from an agent independent from the company. Ones who post on this forum would be a start. They can hopefully give you a realistic view on this.

From looking at at the info he would need to do 3 years on a Temp visa and then apply with evidence of the higher wages.

It looks risky to me, and they can and do change the rules. With a 16 year old you will need to plan carefully so as not to disadvantage them.

you may find he will be up for international fees both in Australia and the UK!
Plus if he holds off going to uni due to the fees, they would need to be careful about making sure he remains a dependent.

I agree, advice from a agent, not the one the company is using, would be a good idea Get an unbiased view.

And - for the OP - you aren't likely to find processing times for TSS, it just is too new, there are no timings available yet.
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