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Discussion Starter · #1 ·
Here is my situation....

I have submitted EOI for Software Programmer with 65 pts in 189 category.
I am waiting for my invitation.

Meanwhile my employer has started processing of my 457 and it will come in next 2 weeks.

Here are my doubts and questions...

1. After I get my 457 and move to Melbourne on June 3rd, how does my 189 application gets impacted after I get the invite ?

2. Do I have to disclose during 189 visa submission that I am in Australia on 457 ? I presume yes. Will then automatically cancel my 189 application/EOI ??

I am confused as typically if one is working on 457 in Australia, they must complete 2 years before filing for PR ( i think 186 ).

-Regards
Asheesh
 

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Discussion Starter · #3 ·
Thank you.

Few more doubts.....

1. I thought one cannot apply for 189 from within AUS. Since my EOI is filed from outside AUS, once I move into AUS, the EOI becomes invalid or basically will I now have to wait for 2 years before applying for PR as I will already have reached AUS on 457 ??

2. My understanding is that there is difference between a scenario where once has submitted 189 and CO has been assigned V/S those who are still waiting for invite on EOI for 189 in such case.

189 processing will continue if the VISA application was already submitted and then after that one enters AUS on 457.... but if you get invited after entering AUS, the CO then will and may reject your 189 case siting that you are already in AUS on 457 and are now eligible after 2 years only...

..... at least this was my understanding.... please correct me if I am wrong.

-Asheesh
 

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Thank you.

Few more doubts.....

1. I thought one cannot apply for 189 from within AUS. Since my EOI is filed from outside AUS, once I move into AUS, the EOI becomes invalid or basically will I not have to wait for 2 years before applying for PR as I will already have reached AUS on 457 ??

2. My understanding is that there is difference between a scenario where once has submitted 189 and CO has been assigned V/S those who are still waiting for invite on EOI for 189 in such case.

3- 189 processing will continue if the VISA application was already submitted and then after that one enters AUS on 457.... but if you get invited after entering AUS, the CO then will and may reject your 189 case siting that you are already in AUS on 457 and are now eligible after 2 years only...

..... at least this was my understanding.... please correct me if I am wrong.

-Asheesh

1- No this is not true, the EOI will not be invalid, and there is nothing barring you for two years at all

2- No, not true again

3- I swear there is no 2 years eligibility waiting period, I don't know who told you this or where you have come up with this.


there is NOTHING barring you from applying for 189 now or after you move, lodging an offshore EOI then an onshore visa application, an offshore EOI and an onshore visa application, or an onshore EOI and an onshore visa application are ALL valid

The only thing is, if you lodge offshore then move onshore (or move to a third country, or even move to another address within India for more than 14 days), or lodge onshore then change your address within Australia, you need to advise the CO ..... which is a routine thing (address change during visa processing requires notifying DIBP)
 

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Discussion Starter · #5 ·
Thank you.

Few more doubts.....

1. I thought one cannot apply for 189 from within AUS. Since my EOI is filed from outside AUS, once I move into AUS, the EOI becomes invalid or basically will I not have to wait for 2 years before applying for PR as I will already have reached AUS on 457 ??

2. My understanding is that there is difference between a scenario where once has submitted 189 and CO has been assigned V/S those who are still waiting for invite on EOI for 189 in such case.

3- 189 processing will continue if the VISA application was already submitted and then after that one enters AUS on 457.... but if you get invited after entering AUS, the CO then will and may reject your 189 case siting that you are already in AUS on 457 and are now eligible after 2 years only...

..... at least this was my understanding.... please correct me if I am wrong.

-Asheesh

1- No this is not true, the EOI will not be invalid, and there is nothing barring you for two years at all

2- No, not true again

3- I swear there is no 2 years eligibility waiting period, I don't know who told you this or where you have come up with this.


there is NOTHING barring you from applying for 189 now or after you move, lodging an offshore EOI then an onshore visa application, an offshore EOI and an onshore visa application, or an onshore EOI and an onshore visa application are ALL valid

The only thing is, if you lodge offshore then move onshore (or move to a third country, or even move to another address within India for more than 14 days), or lodge onshore then change your address within Australia, you need to advise the CO ..... which is a routine thing (address change during visa processing requires notifying DIBP)
Thank you very much.

So does it mean if someone is working in Australia on 457, they can immediately apply for independent 189 PR without waiting ?

I thought there was a minimum waiting period of 2 years before it could be done. OR for Victoria at least work for 1 year before being eligible for state path to permanent residency for 457 holders.
 

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How are you so sure that 457 visa will be granted in next two weeks when the declared processing time is up to three months for Indian passport holders?
 

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Discussion Starter · #7 ·
My 457 was filed on 6th May by my sponsor in Melbourne. They tell me lead time is 4 to 6 weeks. But maybe you are right, it may take longer for me.
 

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Discussion Starter · #8 ·
I am not sure if declared processing time is always accurate ( it may be an average ).
For example I have filled for my 189 PR visa too; and during that process my ACS skill assessment came positive in 4 days ! I am sure the declared processing time is longer than that for Indians.
 

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In my case the nomination for 457 visa was approved in 4 days but its been 7 weeks since the visa was filed and still no grant...
 

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Discussion Starter · #10 ·
Unfortunately my immigration company agents are not disclosing my 457 current status. So I do not know how far has it reached in the system. But the lead time of 4 to 6 weeks is for grant is what they said.

Infact the same time is mentioned in my wife's office procedure too.
 

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Thank you very much.

So does it mean if someone is working in Australia on 457, they can immediately apply for independent 189 PR without waiting ?

I thought there was a minimum waiting period of 2 years before it could be done. OR for Victoria at least work for 1 year before being eligible for state path to permanent residency for 457 holders.
I swear on my late aunt's grave, YES !

there is not a single day minimum

Victoria does not have a say in applying for 189, they can however have a say in approving State Sponsorship for 190 (if you apply to THEIR state, not a different state), but 189, hell no.
 

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What you may be getting confused is that a lot of people start on a 457 visa, and then after 2 years they apply for a 186 visa under the Temporary Residence Transition Stream (which requires you to have worked for 2 years on a 457 visa). As has been posted above, there is absolutely nothing to prevent you from applying for a 189 visa at any time before or after your 457 has been granted.
 

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Discussion Starter · #14 ·
Yes.. I think you are right. I was indeed confused with 186.

So it means that if I do get my invite in July for my EOI that was submitted on April 29 with 65 pts, I should be able to get a grant for 189 by Sep/Oct time frame this year and that should override my 457 when I am in Melbourne.

Maybe I just would have to leave the country once to get the 189 stamped as mine is an offshore application.
 

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Yes.. I think you are right. I was indeed confused with 186.

So it means that if I do get my invite in July for my EOI that was submitted on April 29 with 65 pts, I should be able to get a grant for 189 by Sep/Oct time frame this year and that should override my 457 when I am in Melbourne.

Maybe I just would have to leave the country once to get the 189 stamped as mine is an offshore application.
No need to leave the country, 189 will cease 457 if granted after it whether you're in Australia, India, or planet Mars.

More importantly, if your 189 is granted before your 457, you need to withdraw your 457 application IMMEDIATELY, because whichever visa is granted last ceases the previous one
 

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Discussion Starter · #16 ·
My 189 coming before 457 is impossible. My 457 was filed on May-6 and the grant is expected any time this week for June 1st week ( my employer has said 4 weeks ).

Regarding 189, my EOI is in submit state and invite is expected. So it will be 457 first followed by 189.

I think while the 189 will take its time and grant will come, but to get the VISA stamped on my passport I will have to leave Australia ( maybe to nearby Fiji or NZ ) and the 189 will be stamped on my re-entry into Australia. I was pretty certain about this fact.
 

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My 189 coming before 457 is impossible. My 457 was filed on May-6 and the grant is expected any time this week for June 1st week ( my employer has said 4 weeks ).

Regarding 189, my EOI is in submit state and invite is expected. So it will be 457 first followed by 189.

I think while the 189 will take its time and grant will come, but to get the VISA stamped on my passport I will have to leave Australia ( maybe to nearby Fiji or NZ ) and the 189 will be stamped on my re-entry into Australia. I was pretty certain about this fact.
then you have nothing to worry about

Dude, there is no stamping (it's all electronic) , and there is no need to depart and return. I am 110% sure about this. 189 can be granted while you are onshore and will cease (aka override) 457 once granted wherever you are.

Probably what you've heard applies to visas that cannot be granted while you're onshore (e.g. 309/100) in that case if you're onshore on another visa, you ask for a pre-decision notice, leave, then return after the grant on the new visa


Even if you want to "stamp" it (i.e. get a visa label) you can do it at any DIBP office in Australia, but it's not even required or necessary.
 

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Thank you very much.

So does it mean if someone is working in Australia on 457, they can immediately apply for independent 189 PR without waiting ?

I thought there was a minimum waiting period of 2 years before it could be done. OR for Victoria at least work for 1 year before being eligible for state path to permanent residency for 457 holders.
I believe you get confused here with the 186 visa which is a PR option for 457 holders.
This is what immi.gov.au says:

"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."
 

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Discussion Starter · #19 ·
Got my 457 VISA approved today.

Here are the timelines.....

6th May - Nomination Filed
6th May - eVISA applicatio submitted by agent
9th May - Medical tests completed for the me and dependents
23rd May - Department requested for Insurance documents
1st June - Company provided the documents
11th June - VISA Approved.

I am heading to Melbourne next week with my family.
 
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