4lex

Hi all,

My wife and I are poms currently in Oz on a 417 WHM visa; we've been here two months.

My wife has been offered sponsorship by her current (temporary) employers, and I have a bunch of questions if anyone is familiar with the intricacies of this route.

I've dug up form 47es from immi.gov.au which would appear to be the right one for us, but am a little concerned about this part of q.3 - you must have been nominated and must meet the skill level requirements under the ENS. I also read booklet 1131 detailing the ENS visa among others, which states in part 1 The nominee's qualifications must be assessed if: -registration, licensing or membership of a professional body is mandatory in the field of employment. Does this mean my wife need not be skill assessed by DIMIA if she's not in such a role? She's in a middle management role for which she has an irrelevant UK HND (Higher National Diploma; two years tertiary education) and four years experience with blue chip companies.

What will be my position as regards employment supposing her application is successful? If I understand correctly I'd be treated as a 'permanent resident' and would have free rein to apply for any job advertised? If it matters I have a bachelor degree and six years experience.

I haven't been able to find out anything about the transitional period between 417 and 856 visas. As my wife has been working for an agency up to this point, one would imagine she could now work for three months under the terms of the 417 visa while the 856 is being processed? How long is it likely to take to process the 856, assuming no complications?

What happens, if after the issue of an 856 visa to my wife, she should subsequently decide the job isn't for her and leaves? Can she then take on a different role with the existing visa, or would this require sponsorship from the new employer?

I read on the citizenship website we could apply for citizenship after two years of permanent residency. Would this include the time spent here on 417 visa, or the time waiting for the 856 to be processed (from date of application)?

Many thanks in advance for your valuable assistance, this seems to be quite a minefield to the untrained eye!

Cheers,
Alex

Alan Collett

Hello Alex.

ENS visa applications are (in my experience) outside the usual scope of advice seen on this forum ... others may reply with some comments, but if you'd like an initial freebie discussion please feel able to call my office in Melbourne on 03 9686 5580 and to ask for my migration agent colleague Greta White.

Best regards.

4lex

Thanks Alan, that'd be very welcome. I seem to be too late today though, what hours do you keep (if any) at the weekend?

Cheers,
Alex

ptlabs

Alex,

Australian Citizenship law as it stands ignores all time spent in Australia on temporary visas. So your time on your WHV will not count towards Australian citizenship.

With all due respect to Alan, there are also other knowledgable and helpful agents on this forum, a few in Sydney, Melbourne and Perth. So if you searched around the archives, you might have some options.

Peter

4lex

Thanks Peter, that clears a few things up. Do you know if permanent residency can be counted from the day of application for a permanent visa (assuming its granted), or only from the date of issue?

Cheers,
Alex

Alan Collett

Alex,

The ability to apply for Aussie citizenship is based on days of physical presence in Australia as a permanent resident ... maybe have a look here:
http://www.citizenship.gov.au/faq.htm#faq4

Best regards.

JAJ

As Alan says, ENS does really need to be handled by an agent as it's very easy to make a complete mess of the application that can delay or wreck any hopes of visa grant.

Also be aware that:
- the 3 month work limitation on working holiday visas is strictly enforced. It is not permissable to go over 3 months simply because you are trying to get another visa. Only with specific written permission from DIMIA can this be done.
- rules for ENS may well change around April, so don't waste time.

Jeremy

ptlabs

Alex,

You become a permanent resident of Australia when either of these happens:

1. You enter Australia from overseas on a permanent visa for the first time if that visa was lawfully granted outside of Australia.

or

2. Your permanent visa is granted in Australia while you are in Australia, if your visa can be lawfully granted to you when you are in Australia.

So, for most offshore visa holders (eg. 136, 137, 139 etc), your Australian citizenship countdown starts from the day you arrived in Australia on your permanent visa.

Peter

4lex

Really? Any word on the potential changes?

Cheers,
Alex

4lex

Thanks. Is it a given that after two years citizenship would be granted?

Cheers,
Alex

Alan Collett

Don't expect a professional advisor to say anything is ever certain! However, if you don't commit a serious criminal offence I would say it is more likely than not that citizenship will be granted after you have been living in Australia as a p/r for the required period ...

Best regards.