PR; 189 vs 186 visa

[rollingstone1980]

Some visa advice please; our agent is not proving very useful! :(

Currently in Perth on my 457, with just over a year to go. Been in the process of getting the documents ready to submit an EOI for a 189 visa but finding 75 points (the current level at which most offers are being made) is quite tricky, I can probably scrape them together but not 100% guaranteed; it will depend on how Immi view a period of work when I was undertaking post-graduate training (was working in my profession and getting paid, but undertaking career advancement training) and also on getting superior english in an english language test. 

Our agent has said that we are running out of time and also implied that getting a bridging visa is very difficult, but has not suggested any alternative pathways. I am now wondering whether it would be better to apply for an employer nominated 186 visa as, although the processing times are reportedly longer by a few months, it seems more likely this will be granted and also I wont need to be trying to get points/waiting to be invited. Seriously how difficult is getting a bridging visa?? If we continue on the independent pathway and it gets rejected, what effect would that then have on future applications? We dont want to be kicked out of Perth in just over a year!! I dont think I'd be eligible for the transition scheme as I only work 30hrs a week and therefore not classed as full time, think it would have to be direct entry.....

 

Any advice much appreciated...

[ali]

In what way is your agent not being useful?

You may be right about the transition scheme as you have to have been working full time.  Has your employer done the nomination?  Do they have a permanent position for you? Do you need a skills assessment?

Bridging visas are usually given at the point of a visa coming to an end and you having made a visa application for another visa.  i haven't heard of difficulties getting the bridging visa from people who've posted on the boards but you have to check the travel rights etc., (and maybe apply for a different bridging visa than the one given).

 

[New Life Down Under]

Sad to hear your agent is not useful!

For ENS you need to have a fulltime position to be sponsored.

BV's are issued in most cases upon the valid application of a substantive visa onshore and only come into effect when the current visa ceases. BVA is the usual with no travel rights.

I heard no invitations under 80 in the last round, but that could just be rumours! Havent had anyone invited under 75 points this year

[rollingstone1980]

Thank you Ali and New Life Down Under for your replies. 

My employer is looking at sponsorship and nomination now so am hoping we can go down the 186 route. 80 points for the 189 is a nightmare, I have a degree and have worked in my profession for many years but because I am 38 years old that would be virtually impossible to attain?!

Has anyone applied for a 186 without the help of an agent?? Paying around $4200 for the completion of forms and submission of documents seems excessive, but I can't seem to find out just how feasible it would be to try and apply ourselves rather than using an agent?

 

Thanks so much

[verystormy]

I would strongly recommend using an agent. The downside of employer sponsored is that they are on of the most common visas to be refused. 

[New Life Down Under]

I believe there is around 40% refusal at the moment verystormy on 186 and 187 are higher! Employers are also very wary nowadays with the huge SAF levy they have to pay.

rollingstone1980, I think you have an agent already so speak to them. My fee for a 186 is $4400 , the going rate in WA is between $4000-$5000, but if you find a new agent they may be cheaper. You can tell how long they have been registered for by the first 2 digits of the MARN. Mine is 1173200 which means I have been doing this for 8 years since 2011!

[New Life Down Under]

Hi verystormy!!!

[rollingstone1980]

Thanks for the replies.

Am waiting to hear back from our agent. I just struggle with how it can cost $4200 for an agent to oversee things and assist with the forms....

Why are the ENS visas the most common to be refused?? If you're already on a 457 and they can prove they cant fill the post with an Australian I'd hope it was more reliable than the 189 route....?

[New Life Down Under]

Hi rollingstone

I can not comment on how or what your agent does but I would say from a personal perspective, filling out a form is yes indeed very easy! knowing the complex legislation and regulations, eg Reg 5.19 for 186, addressing various caveats, writing submissions etc  is a different matter and your agent probably like myself holds a Post Grad Cert in Migration Law.  I specialise in Drs and medical professionals and they certainly see value in a migration agent.

I can also watch youtube and learn how to rewire my house, or service my car, but I chose to get an expert to do these things for me. When I recently sold my property in Perth I paid my real estate agent $17K to sit in my lounge, drink coffee and get me a buyer! Migration agents charge a fraction of that cost and are responsible for life changing situations. However, only you know whether you find using an agent of value and as I said previously you need to know how experienced your agent is with the type of visa you are applying for, how many refusals they've had etc to know whether or not they are of use to you.  

The refusal rate is high I believe due to integrity issues and incomplete applications. How happy would your boss be if he loses $5540 nom fee and SAF levy because someone has lodged an invalid or incorrect application? Your agent will know if you are able to apply with grandfathering provisions aswell.

Good luck, it is a personal preference whether or not you use your agent, however I think you need to speak to them and ask them to explain what they do for their fee and how experienced they are with the Subclass you chose to apply for.... If you are unhappy/resentful from the outset I think you may be best to DIY!

[New Life Down Under]

BTW, you said you thought 186 processing times are longer, there is something crazy going on at the moment in that Dept. I lodged a 186 DE Nom on Tuesday, granted yesterday, so 2 days taking into account ANZAC DAY. No RFI's just a quick grant, I think they are trying to cut down the average processing times!!

[rollingstone1980]

Thanks for that advice NLDU, very useful.

I will definitely speak to the agent and get more info from her. Yes she is a migration lawyer too and she comes as a personal recommendation so I think she is very good, just want to ensure it's a valid use of that amount of money! 

That's amazing that visa was granted in 2d....makes a bit of a mockery of the proposed 12-13m processing times noted on the website! You must have done a great job

 

[New Life Down Under]

Just to clarify it was the Nomination that was granted NOT the visa, that may still take 13 months!!!! Had an excellent employer to work with who provided me with first rate documents as requested so makes for a happier agent!

MARA registered agents in Perth are generally all pretty good, especially if they have been doing it for a good few years. And as I say you have been quoted a very average fee!

All the best