# 457 and 190



## ganeshn83 (Sep 17, 2012)

Hi

I am currently working in Sydney on a 457 work visa. I have now received a state sponsorship from Victoria for a 190. I am not sure if I have to now apply an EOI for 190 - Victoria since I am not clear about the following conditions.

1) If I do get my 190 visa, would it mean my 457 visa would be cancelled - if so would my working in Sydney become illegal?
2) Or would there be a case where even if I do get 190, I would still have one year time before I can move to Victoria and work there.

Any advice is much appreciated.

Thanks
Ganesh


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## MarkNortham (Dec 19, 2012)

Hi 

You need to have an EOI on the DIAC system so the state can cause it to generate an invitation - I would coordinate with the VIC state sponsorship folks immediately to get their instructions on how to lodge the EOI and most importantly how to get them the EOI ID number so they can cause the invitation to be issued.

Re: 457, a person in Australia can only hold 1 visa at a time. If you are granted the 190, it will replace the 457, and the 457 will cease. You are under an obligation to live & work in VIC for the 1st 2 years of your 190, however you need to find a job there first. And if you cannot find a suitable job there after putting forth a good faith effort (which can be done remotely from Sydney if you want), then you certainly would be able to live and work somewhere else. 

But in the interim, you could keep working for your 457 employer under the new 190 visa, and your work would not be "illegal".

Best,

Mark Northam


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## tamilope (Feb 22, 2013)

Hi ganeshn83,

I need a clarification based on your state sponsorship.

How did you receive the state sponsorship without doing EOI? I thought you have to go through EOI before the state approve.

Kindly clarify. Mark, you can also give us insight.

thanks

Tamilope


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## Ausstart National (Aug 22, 2012)

You can request state/territory sponsorship, with or without an EOI.

I am a little suprised it was given. They generally require proof that someone inside Australia has an offer of employment in Victoria before they provide their support.

However, the states and territories have been finding it very difficult to get the number of applications and professionals they want, so I would assume they might be ignoring this at the moment.


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## tamilope (Feb 22, 2013)

Thanks Ausstart National.

Then idea about ACT sponsorship process without the EOI?

Tamilope


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## Ausstart National (Aug 22, 2012)

Should be ok, but you have to make sure you meet their nomination requirements. If you do, then you can make the EOI, and later contact the ACT, and let them know you need their support.


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## tamilope (Feb 22, 2013)

Thanks Chris,

As regards to your response "you can make the EOI, and later contact the ACT, and let them know you need their support".

Do you mean that i will send a mail to ACT for support after submitting my EOI and waiting for an approval?

Tamilope


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## ganeshn83 (Sep 17, 2012)

Thanks Mark. After getting the 190 visa, Would you know if there is a general timeline in place before I can start looking for jobs in Victoria or is it something that will have to be done immediately. And does the state have any claus like the person has to stay in Victoria and search for the job. 

If I don't end up getting a job in Victoria in a reasonable time, would the 190 be cancelled?

Please could you advice on the above questions. Thanks a lot!

Cheers
Ganesh


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## satyanarayana.kotha (Mar 7, 2013)

*Hi*

Hi Ganesh,

Did you get an answer to your question? I have the same dilemma currently.

I am currently working in Singapore with a good pay. I am in the process of migrating to Australia and I might get a sponsorship from ACT soon as I have the required experience and points. However, I find it quite risky to simply resign from a good job and migrate to ACT immediately after approval.

Could someone please help me with the below questions?

1) Can I search for jobs from Singapore or do they need that I migrate to ACT and then start searching?
2) Is there a period before which I need to land in ACT?
3) Assuming I migrate to ACT leaving my current job, and don't find a suitable job there, how many months do I need to be in that location before I am allowed to look for jobs elsewhere?

-Satya


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## ganeshn83 (Sep 17, 2012)

Hi Satya


If you are currently abroad, you do have a time of 1 year before you can come over to ACT, from the time you have your 190 approved. 

So I believe you should be able to search for a job from Singapore. 

However from what I have heard from a few people personally, ACT usually have a lot of Govt projects and preference is usually given to Aussie citizens. I am not stating that PR holders have no opportunity at all. Offers will surely be there but citizens get preference. 

You could look up seek.com.au for jobs relevant to your skill set and also see if any particular clause like citizen or PR is mentioned. 

Cheers
Ganesh


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## MarkNortham (Dec 19, 2012)

Hi Ganesh -

Each state has the ability to add their own requirements that an applicant has to meet for approval, such as increased English, specific work experience, existing employment in that state, etc.

However after you have been approved for the visa, DIAC's rules kick in which say that you're obligated to live and work in that state for 2 years, assuming you are successful in finding a job that's suited for you. If you are not able to find a job after a good faith effort, then of course they cannot force you to stay in that state and you have to go where the work is. Your visa would not be cancelled in this case, unless somehow it was proven you obtained the visa fraudulently, etc.

Hope this helps -

Best,

Mark Northam


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## satyanarayana.kotha (Mar 7, 2013)

Thank you for the reply, Ganesh. I really appreciate it

Yes, I have also heard of the same feedback about ACT. But, ACT is the only option available to me, so, need to grab that. I feel there might be enough jobs in private sector for me to explore, otherwise, I don't see a reason why ACT would sponsor me 

Do you know what is the period that we need to be in the sponsored location, before being allowed to go to other locations, assuming we don't find suitable jobs?

Thank you for your time.

-Satya


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## MarkNortham (Dec 19, 2012)

Hi Satya -

There's no fixed period, but I would suggest a good faith job search would be the minimum necessary to show that you did your best to try and live and work in the sponsoring state. You may wish to consult directly with state authorities to see what their regulations are in circumstances where a sponsored PR visa holder cannot find suitable work in the state. 

Best,

Mark Northam


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## satyanarayana.kotha (Mar 7, 2013)

Thank you for jumping in, Mark. Does the job search need to be done by being in the state, after which a person will be allowed to move further? Or, will someone be eligible even if the good faith search (once applied to many suitable jobs) was done abroad?

I don't want to be too pessimistic about my opportunities. I like Canberra and surely want to stay there for more than the minimum required period, but I just want to be prepared for the worst case scenario as well if I am not able to find suitable jobs, as most ACT jobs require citizenship and security clearance.

Could you be kind enough to help me in this query as well?


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## MarkNortham (Dec 19, 2012)

I don't know of any specific rules from ACT re: where you have to be re: the job search, however ACT has a lot of info on their website about "settling in ACT" and issues like that. I expect there are jobs available in ACT for permanent residents, or ACT would not be sponsoring people in those occupations - don't be too quick to assume things without undertaking a comprehensive job search yourself first.

Best,

Mark Northam


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## satyanarayana.kotha (Mar 7, 2013)

Hi Mark,

Thank you for your time. I am also of the same view as you I.e. ACT must be sponsoring only if there are enough jobs. I will give my 100% to migrate to ACT permanently.

Your replies are detailed and have cleared my concerns. Thanks much!!!

Cheers
Satya


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## MarkNortham (Dec 19, 2012)

You're welcome! Good luck with all.

Best,

Mark Northam


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## tamilope (Feb 22, 2013)

Hi All,

I have been nominated for subclass 190 from ACT. About filling the visa application and i need a clarification.

During your visa application. 

What did you add in the field where a question was asked about dependants not migrating with the primary applicant?

Looking at the Australia guide, i have been thinking parents, brothers and sisters can be included AS DEPENDANTS.

Though, DEPENDANTS was defined as someone financially dependent(either wholly or substantially) on you.

I also hope it will not have an impact in granting the visa to the applicant if you have more dependants.

Please respond with the best advise.

Tamilope


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Hi All,
> 
> I have been nominated for subclass 190 from ACT. About filling the visa application and i need a clarification.
> 
> ...


Hi,

If you add any names there, they will be required to go medical and police verification along with you. Any issues with any one of them might impact your application. Unless you plan to migrate any of your family members either now or at a later point, I believe you don't need to update it. In my case, I left it empty. There is another section where you provide the details of all you family members.

Thanks!


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## tamilope (Feb 22, 2013)

Hi Satya,

Thanks for your usual quick response.

This field is meant for depandants not migrating with you not dependants migrating with you.

This is the only field i have seen that relates to family members, because i have completed the online application there was no other field for family members. Kindly confirm this observation. Then, if there is a field for family members kindly specify again.

I also have a further a question. If you dont add your dependants(Parents, brothers and sisters) now, hope it will not affect visiting visa for them in the nearest future if your visa is granted now?


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Hi Satya,
> 
> Thanks for your usual quick response.
> 
> ...


Hi,

You need to fill in your form 80 document where you are required to update your family member details. I am not too sure about the pros and cons of adding the details there Vs not adding. I believe it will not impact their visiting visa status in future.


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## tamilope (Feb 22, 2013)

Hi,

Thanks for the reply.
Kindly confirm where I can locate the form 80 during online visa application.
I have actually filled the 17 tab questions without seeing the form.

Your usual quick response will be appreciated.

Tamilope


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Hi,
> 
> Thanks for the reply.
> Kindly confirm where I can locate the form 80 during online visa application.
> ...


You need to submit the form 80 after you lodge the visa application. You can download the application form online.


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## tamilope (Feb 22, 2013)

Hi Satya,

Kindly provide a link to where form 80 will be downloaded.

Also,

- Do a favour by providing all the list of what to do after the online visa application.

- How to upload all the documents online?

Thanks for your anticipated assistance.

Tamilope.


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Hi Satya,
> 
> Kindly provide a link to where form 80 will be downloaded.
> 
> ...


You can download the Form 80 from http://www.immi.gov.au/allforms/pdf/80.pdf

Once you lodge your Visa application by paying the money through credit card, you will be provided with the list of documents that you need to submit. It is a huge list and varies from person to person, so you should check the website after lodging the application.

Uploading documents is simple, you will have the upload option in the Visa application website, you should be able to find it easily after submitting the application.


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## tamilope (Feb 22, 2013)

Thanks Satya.

I will do accordingly.

I believe your application is progressing fine? You were also nominated by ACT. We should always get in touch as we are moving in the same direction.

Hope you are researching about ACT in terms of job opportunities and living conditions while awaiting your DIAC decision?

Did a research and found out that housing(permanent rent accommodation) is a bit tight and demanding. 

Anyluck about about your research?

Tamilope


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## Ausstart National (Aug 22, 2012)

satyanarayana.kotha said:


> Hi Ganesh,
> 
> Did you get an answer to your question? I have the same dilemma currently.
> 
> ...


Congrats on your eligibility and potential success with an Australian permanent residency visa. I know of many successful professionals that are also looking for state/territory sponsorship with the ACT, but can't meet their IELTS requirement.

Anyway, as for your questions, there is no minimum time limit before you start looking for work in different states or territories. After visa approval, you are free to look for work wherever you like. Of course, the state or territory want you to work and live there, but there is no condition on the visa obligating that requirement.

Many Australian businesses, including mine, offer 'Reverse Recruitment'
which means that they personally contact employers, and most often the hiring manager, or HR hiring division to get your resume across and possibly an interview online before arriving in Australia.

Most professionals world wide know that seek.com is mainly used by recruiters, which means they have a very specific target candidate, and are usually looking for big dollar clients. It is not a very good place to look.

My advice is to research you industry in Australia, and try and get in touch with the manager, professionals and HR professionals in the business before making an application.


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Thanks Satya.
> 
> I will do accordingly.
> 
> ...


Yes, my application is progressing smoothly at this stage. I have provided all the documents to the CO and awaiting final decision.

I didn't find accommodation too tough. There are a lot of houses for rent. Go through Property For Sale and Rent in Australia - property.com.au for additional details.

Job opportunities is something I will have better clarity once I am granted the PR. I see there are sufficient opportunities for me to explore, but without having a PR, no employer/recruiter will consider/contact me. I am just waiting fingers crossed and once I hear the positive confirmation, I shall start searching aggressively through various channels.


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## satyanarayana.kotha (Mar 7, 2013)

Ausstart National said:


> Congrats on your eligibility and potential success with an Australian permanent residency visa. I know of many successful professionals that are also looking for state/territory sponsorship with the ACT, but can't meet their IELTS requirement.
> 
> Anyway, as for your questions, there is no minimum time limit before you start looking for work in different states or territories. After visa approval, you are free to look for work wherever you like. Of course, the state or territory want you to work and live there, but there is no condition on the visa obligating that requirement.
> 
> ...


Hi Chris,

Thank you for these details. I very much appreciate it.

I am currently in the final stages of my application. I lodged my Visa application on the 21st March and the CO got assigned on 11th April. I have submitted the medical and police clearance documents on 3rd May. I am currently waiting for the grant letter and I hope I receive it in the next 1-2 months.

I find your post very interesting and something that I would like to explore further as I prefer to have a job before migrating to AU. I shall provide my contact details and my queries on your website so we can discuss further.

Regards,
Satya


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## tamilope (Feb 22, 2013)

Hi Satya,

Good to hear from you with a positive news.
I did check the link, it was a good one from you. Thanks

Do you also have links for temporary accommodation? I believe that should come first before permanent accommodation because most times it requires physical verification.

You are moving at a fast pace. I need you to complete my application without errors.

Filling your visa application, a question was asked about were you have lived before.
Those it includes, countries someone has visited forholidays or business assignment - meetings for like 2 days or 3 days?

Moreso, i will also like to have your personal e-mail address. Kindly oblige.

Thanks

Tamilope


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Hi Satya,
> 
> Good to hear from you with a positive news.
> I did check the link, it was a good one from you. Thanks
> ...


You can use the same website for temporary accommodation too. W.r.t. the countries visited, you should provide as many details as possible, even if it is just for 2/3 days.

I am not an expert with Visa applications, so, please don't rely completely on me as I don't have knowledge on too many sections of the application. I can only share what I know, which might not always be applicable for you.

For any questions you have, please post it here and I shall reply at the earliest if I know the answer. This way it will also help other candidates in future.


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## tamilope (Feb 22, 2013)

Thanks Satya.

I just wanted to know if during your visa application you included all countries you have visited either during holiday or job related functions.

For instance, i have been to Togo Ghana and Uk for job and holiday related activities.

This question relates to a question asked in the application that states " have you lived outside your country'.

I appreciate your quick response.

Tamilope


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## satyanarayana.kotha (Mar 7, 2013)

tamilope said:


> Thanks Satya.
> 
> I just wanted to know if during your visa application you included all countries you have visited either during holiday or job related functions.
> 
> ...


As far as I know, yes, you need to include all countries you have visited whether for holiday/job related along with start date and end date.


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## Nanda28 (May 8, 2013)

Hi,
I have a query, can I lodge 457 visa application without skills assessment, my trade is cook, my lawyer say I can lodge without skills assessment. please help..


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## MarkNortham (Dec 19, 2012)

Hi Nanda -

Cooks from India are required to have a skills assessment for the 457 visa - see:

457 Skills Assessment Program

Best,

Mark Northam


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## Nanda28 (May 8, 2013)

Hi Satya,

How did you get sponsorship, what is the process? currently I am in Melbourne can you please tell me which options are available for me without job offer?

Thanks


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## Ausstart National (Aug 22, 2012)

Nanda28 said:


> Hi,
> I have a query, can I lodge 457 visa application without skills assessment, my trade is cook, my lawyer say I can lodge without skills assessment. please help..


You could lodge without the Skill Assessment, however, it is a requirement for visa grant. Your lawyer is correct that in situations in the past, people have lodged without all the required documents, and had the application been successful. I would not advise you make an application without the assessment. usually, only when time limits don't allow you to get the assessment, would someone even consider it.Also, Why are you asking non-lawyers non- agents for migration advice? As you said, your lawyer has already advised you.


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## Nanda28 (May 8, 2013)

Ausstart National said:


> You could lodge without the Skill Assessment, however, it is a requirement for visa grant. Your lawyer is correct that in situations in the past, people have lodged without all the required documents, and had the application been successful. I would not advise you make an application without the assessment. usually, only when time limits don't allow you to get the assessment, would someone even consider it.Also, Why are you asking non-lawyers non- agents for migration advice? As you said, your lawyer has already advised you.


Thank you for replying, Chris where are you located?


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## voxtro (May 17, 2012)

tamilope said:


> Thanks Satya.
> 
> I just wanted to know if during your visa application you included all countries you have visited either during holiday or job related functions.
> 
> ...


The visa application states you to list the countries where you lived for 6months or more.This is to get PCC done in each of those countries where u lived over 6m proving that u dont have criminal records.. I have to go thru PCC in 2 countries where i lived for more than 2 years...


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## tamilope (Feb 22, 2013)

Thanks people for your responses.

I need help as per form 1221 and 80.
Is it a most to fill form 1221 and 80 for both primary applicant and spouse, then front load the forms?

The visa application site doesnt have any request for form 80. I also found out that they are new version for the forms.

Kindly provide the link for the new version of form 80 and 1221 from the DIAC website. I checked the website but could only find for 2009.

Thanks in advance


Tamilope
Tamilope


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## thedreampower (May 20, 2012)

*VISA 190 timeline*

I had had invitation on 20th Feb; 2013
I completed my application on 28th Feb; 2013
I received first Email from my case officer on 12th March; 2013
I completed the Medical and additional documents and I had sent on 28th March; 2013.
and I am still waiting the result of my application.


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## thedreampower (May 20, 2012)

*VISA 190 timeline*

I had had invitation on 20th Feb; 2013
I completed my application on 28th Feb; 2013
I received first Email from my case officer on 12th March; 2013
I completed the Medical and additional documents and I had sent on 28th March; 2013.
and I am still waiting the result of my application.


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## atiqhaq (May 31, 2013)

*Overseas experience*

Hi MarkNortham!

In last 10 years
2003- 2006 I worked at tax office
2006-2008 Did masters in taxation , it was sponsored by my office
and it was treated as on the job training. I was on duty.
2008-2009 Resumed my work at tax office
2009-2013 Now doing PhD in taxation in Australia

Can anyone please tell me how many years of job experience (in taxation) I had in the last 10 years?

QUOTE=MarkNortham;82469]Hi

You need to have an EOI on the DIAC system so the state can cause it to generate an invitation - I would coordinate with the VIC state sponsorship folks immediately to get their instructions on how to lodge the EOI and most importantly how to get them the EOI ID number so they can cause the invitation to be issued.

Re: 457, a person in Australia can only hold 1 visa at a time. If you are granted the 190, it will replace the 457, and the 457 will cease. You are under an obligation to live & work in VIC for the 1st 2 years of your 190, however you need to find a job there first. And if you cannot find a suitable job there after putting forth a good faith effort (which can be done remotely from Sydney if you want), then you certainly would be able to live and work somewhere else.

But in the interim, you could keep working for your 457 employer under the new 190 visa, and your work would not be "illegal".

Best,

Mark Northam[/QUOTE]


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## atiqhaq (May 31, 2013)

Hi !

In last 10 years
2003- 2006 I worked at tax office
2006-2008 Did masters in taxation , it was sponsored by my office
and it was treated as on the job training. I was on duty.
2008-2009 Resumed my work at tax office
2009-2013 Now doing PhD in taxation in Australia

Can you please tell me how many years of job experience (in taxation) I had in the last 10 years?


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## ganeshn83 (Sep 17, 2012)

Hi Mark

Thanks, I have been granted 190 PR visa(Victoria sponsorship) and like you advised it has replaced my 457 visa with immediate effect. I intend to continue my job in Sydney for the next one year. Pls could you advise if I should let the Victorian state aware that I would like to move to Melbourne only next year.

Thanks
Ganesh

QUOTE="MarkNortham"]Hi

You need to have an EOI on the DIAC system so the state can cause it to generate an invitation - I would coordinate with the VIC state sponsorship folks immediately to get their instructions on how to lodge the EOI and most importantly how to get them the EOI ID number so they can cause the invitation to be issued.

Re: 457, a person in Australia can only hold 1 visa at a time. If you are granted the 190, it will replace the 457, and the 457 will cease. You are under an obligation to live & work in VIC for the 1st 2 years of your 190, however you need to find a job there first. And if you cannot find a suitable job there after putting forth a good faith effort (which can be done remotely from Sydney if you want), then you certainly would be able to live and work somewhere else.

But in the interim, you could keep working for your 457 employer under the new 190 visa, and your work would not be "illegal".

Best,

Mark Northam[/QUOTE]


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## Maggie-May24 (Jul 24, 2011)

MarkNortham said:


> Hi Nanda -
> 
> Cooks from India are required to have a skills assessment for the 457 visa - see:
> 
> ...


Hi Mark - do applicants need to be from both the nominated country and the nominated occupation to require a skills assessment? In other words, tradespeople from India who aren't in one of the nominated occupations aren't required to submit a skills assesment. And likewise tradespeople from Malaysia in one of the nominated occupations aren't required to submit a skills assessment.

Is it likely that a tradesperson from a nominated country but not in a nominated occupation would be asked to submit a skills assessment?


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## suja (Oct 16, 2013)

Dear Mark,

Am a silent reader in this forum. I need your's suggestion regarding my NSW sponsorship decline.

Am an IT professional with total IT experience of 5.4 Yrs when i got my ACS skill select positive results in August 2012. I have done Bachelor of Engineering in Computer Science.

I have Applied to NSW 190 sponsorship under ANZSCO code 261312 Developer Programmer .

From feb2007 to till date am closely working on the related ANZSCO 261312. 
I have mentioned everything in my supporting documents.

But my case officer declined my application based on the below mentioned points:

i)Insufficient evidence to award points for skilled employment (10 points) 

ii)You have claimed points for skilled employment however, the evidence submitted in your application indicates that you are not entitled to claim these points. 

when i contacted her she asked me to contact ACS.

Please i need yours suggestion what could be done to proceed further. 
Waiting for yours reply. 

thanks,
Sujatha


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