457雇主担保转186条件


#1

我的一个朋友,现在持457雇主担保,在新洲工作,到明年3月下旬满2年,理论上可以申请转186了,但是他有点不放心,因此让我在这里开个帖子问一下有经验的前辈,457转186都需要什么条件?

先介绍一下雇主的情况,2013年初澳洲成立的新公司,其母公司(100%控股澳洲的子公司)为一中国集团,资产60亿人民币,年营业额80亿人民币。这个澳洲的雇主公司,有300万澳币资产(有1个农场),去年营业额有140万澳币,共有4个员工(包括我朋友和另一个持457签证的员工),有澳洲local员工2人(1个full time,1个part time),所有员工全部正规发工资,交super,每年给当地员工交2%的培训费。唯一一点就是,公司目前无法盈利,每年亏损额在30万澳币左右(主要是工资太高,我朋友是55000澳币,另一个雇员接近10万,外加农场每年需要投资一定资金,就是因为现在公司不盈利,所以我朋友比较担心是否到明年3月份可以申请转成186)

公司的经营多以国际贸易为主,主要是中澳和中新的进出口

申请人自身的问题:语言问题,我朋友雅思是7分水平,经济能力也符合要求

有没有人了解,如果想转成186PR,公司是否一定要盈利,一定不能亏损,还是case by case(取决于营业额,公司框架以及资产)?

谢谢


#2

你这个朋友明年3月后也就是持457工作2年后是可以转186的,只要雅思能满足4个6就ok
公司正常运营,和亏损盈利关系不大,不受这个的制约。


#3

为啥总听说必须要盈利且营业额要在30万之上,我想不会是空穴来风吧?


#4

你说的是企业家移民?雇主担保和企业是否盈利没有关系吧。


#5

具体中介也没有明确说亏损是否不能转186,但是目前有好几个说法,有的必须要求营业额达30万,有的必须要求盈利,很头疼,所以想问问大家


#6

没看到官方对申请 186 有这些要求。下面贴了对雇主要求和申请人要求的内容,可以详细看看:

186 对雇主的要求:合法经营就可以。

You can nominate a skilled worker for this visa if:

  • you actively and lawfully operate a business in Australia
  • you have a genuine need for a paid employee to fill a skilled position
  • you offer a skilled position in the applicant’s field that is full time and ongoing for at least two years
  • you pay a market salary rate
  • you comply with Australian immigration and workplace relations laws
  • there is no adverse information known about your business or any person associated with your business.

You must nominate the applicant in one of the three streams and meet the requirements of that stream.

Temporary Residence Transition stream

Use this stream if you have already sponsored the applicant for a Temporary Work (Skilled) visa (subclass 457):

  • The employee must have worked in the nominated position in your business, on a Temporary Work (Skilled) visa as a primary visa holder, for at least two years before the nomination is made.
  • The nomination must iden​tify an occupation (for the position) that is listed on the Consolidated Sponsored Occupations List and has the same four-digit occupation unit group code as the occupation being carried out by the employee.
  • The nominated position must be full time, ongoing and available for at least two years and be consistent with the position in which the applicant has already worked in your business, unless the person nominated was previously nominated for their subclass 457 visa on the basis of performing an occupation mentioned by the Minister for Immigration in an instrument in writing (certain medical occupations).
  • You must have met the subclass 457 visa training requirements in each year you have been a standard business sponsor.
  • You must not be an approved overseas standard business sponsor under the subclass 457 visa programme.

If, during the two years prior to nominating, a new standard business sponsorship was required at any stage to ensure the applicant complied with condition 8107 of their subclass 457 visa obligations, you will need to provide evidence that the previous standard business sponsor and yourself as the current standard business sponsor may be considered the same employer of the nominated person.

The period of time already worked with the previous subclass 457 visa standard business sponsor may be considered towards th​​e two-year requirement of the Temporary Residence Transition stream only in those cases where you are able to demonstrate that the nominated person has been working in the same role, with the same employer and in the same location for the whole two years they held their subclass 457 visa.

Direct Entry stream

Use this stream if you want to nominate an applicant to fill a position that is:

You must meet the following training requirements:

  • If your business has been trading in Australia for more than 12 months, you must show you have contributed to the training of Australians. You must meet one of two benchmarks:
    • Training benchmark A: recent expenditure equal to at least 2 per cent of the payroll of the business in payments allocated to an industry training fund that operates in the same industry as the business and a commitment to maintain that level of expenditure for the term of approval as a sponsor
    • Training benchmark B: recent expenditure equal to at least 1 per cent of the payroll of the business, in the provision of training to employees of the business. The expenditure must be expenditure that can count towards the benchmark.
  • If your business has been operating for less than 12 months, you must demonstrate that you have an auditable plan to meet this training benchmark.

Agreement stream

Use this stream to nominate an applicant through a labour agreement that has been negotiated with the government before you lodge the nomination.

When you can enter into a labour agreement

Use this stream to nominate an applicant through a labour agreement that has been negotiated with the government before you lodge the nomination.

A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian government. You might consider entering into a labour agreement if there is a genuine and systemic shortage of suitably skilled Australian workers in your industry and/or geographic location, and standard immigration options are not suitable.

A labour agreement comes into effect when it has been signed by all parties involved in the negotiations and is typically valid for three years.

You can use a labour agreement if there is one for your industry or your worker’s occupation. If this does not suit your needs you can negotiate an individual agreement.

To find out more about the labour agreement programme and request an information pack, please contact us by email at [email protected].


186 对申请人的要求:有合格雇主提名,语言,职业,年龄等符合要求。

You might be able to get this visa if you:

  • have been nominated by an approved Australian employer within the six months before you apply
  • are under the age of 50 at the time of application, unless you are exempt
  • have the required skills and qualifications for the position (at time of application lodgement you must have the required skills and qualifications for the position you have been nominated for – you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body)
  • have appropriate English language skills (at the time of application lodgement), unless you are exempt
  • meet health and character requirements
  • meet the requirements of the stream in which you apply.

Age requirements

Even if you are older than 50 years of age, you can still apply for this visa if you:

  • are nominated as a senior academic (University Lecturer or Faculty Head) by a university in Australia
  • are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency
  • are a medical practitioner who has been working in your nominated occupation as the holder of a subclass 422 or subclass 457 visa for at least four years immediately before applying and at least two years of that employment was located in regional Australia and the nominated position is located in regional Australia.
  • are a medical practitioner who has been working in your nominated occupation as the holder of a subclass 422 visa before becoming the holder of a subclass 457 visa for two years in the four years immediately before applying and at least two years of that employment was located in regional Australia and the nominated position is located in regional Australia.
  • are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen’s family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application
  • are applying through the Temporary Residence Transition stream, and you have been working for your nominating employer as the holder of a Subclass 457 visa for at least four years immediately before applying, and that employer paid you at least as much as the Fair Work High Income Threshold in each of the four years
  • are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed.

More information on these exemptions is in Classes of Persons (Exempt from the Age Criteria).

English language requirements

You can show that your English is adequate by providing the following evidence at the time of application:

  • achieving the required minimum test scores in a specified English language test either for the Temporary Residence Transition stream or the Direct Entry stream that has been conducted within three years immediately prior to the date of application lodgement
  • holding a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland and evidence you are a citizen of that country.

You might not need to show adequate English language skills if you:

  • have nominated earnings at least equivalent to the current Australian Taxation Office top individual income tax rate (currently AUD 180 001), however if you are not able to demonstrate that you have functional English, you will be required to pay the second instalment of the visa application charge
  • are applying through the Temporary Residence Transition stream and:
  • you have completed at least five years of full-time study in a secondary or higher education institution
  • all of the tuition was delivered in English.

More information on these exemptions is in Classes of Persons (Exempt from the English Criteria).

Health requirements

You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.

This applies to all dependent family members included in your application, whether they are migrating or not.

You are able to organise your health examinations upfront before lodging a visa application.

Character requirements

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age.

This applies to you and all the dependent family members listed in your application, whether they are migrating or not. ​​

Temporary Residence Transition stream

You might be able to get this visa under the Temporary Residence Transition stream if you:

  • hold a Temporary Work (Skilled) visa ​​(subclass 457)
  • have at least vocational English (unless you are exempt from this requirement)
  • worked for two years in the same position your employer nominated you for while you held your subclass 457 visa as the primary visa holder, your employer has nominated you for a permanent position under this stream, and the nomination has been approved.

Your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

Direct Entry stream

You might be able to get this visa under the Direct Entry stream if one of the following apply:

  • you have been nominated for a position under this stream and that nomination has been approved
  • you have never, or only briefly, worked in Australia
  • you hold a Temporary Work (Skilled) visa (subclass 457) but do not qualify for the Temporary Residence Transition stream
  • you are applying directly from outside Australia.

At time of application lodgement, you must provide evidence with your online application that you:

  • have at least competent English (unless you are exempt from this requirement)
  • have at least three years of relevant work experience
  • have a positive valid skills assessment in your nominated occupation (the skill assessment must be conducted by the relevant assessing authority listed in the Consolidated Sponsored Occupation List (CSOL). Skills assessments obtained for a Subclass 485 visa will not be accepted as these types of skills assessments are not considered full skills assessments for permanent skilled migration purposes. A skills assessment is only valid until the expiry date specified on the assessment, or for a period of three years from the assessment’s date of issue, whichever occurs first.

You might not have to meet the skill assessment and work experience requirements if you:

  • were nominated as an academic by a university in Australia
  • were nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian government scientific agency
  • have nominated earnings at least equivalent to the Australian Taxation Office top individual income tax rate (currently AUD180 001)
  • are in Australia as the holder of a Special Cate​​​gory visa (subclass 444) or New Zealand Citizen Family Relationship visa (subclass 461) and have worked with your nominating employer in your nominated occupation for the past two years (not including any period of unpaid leave) in the three years before you apply for this visa.

More information about these exemptions is in Classes of Persons (Exempt from the Skill Criteria).

Agreement stream

You might be able to get this visa under the Agreement stream if you are being sponsored by an employer through a labour agreement. Your employer can advise you if such an agreement is in place for your industry or occupation.

You must meet the age, skills and English language requirements stated in the agreement.​


#7

不知道楼主申请了吗? 批下来了吗?因为我现在也是457签证,准备明年申请转186,目前所担心的也是这个问题。 公司一直是属于亏损,每年几乎亏损近10万, 会影响186签证吗? 因为我的中介也是说亏损的话,很难批下来的。


#8

我也是同样的问题,有人可以解答吗?谢谢!