NedKelly63

In the event that Employer 'X' in Australia offers me a job tomorrow, they would be doing all the visa stuff for me.

Anyone have any experience of this? If so, how long does it normally take and are the checks the same (police, medical etc) as if you applied for a visa off your own bat?

Thanks.

irishmolly

Yes - very easy process, although your occupation needs to be on the MODL. We went through Employer Nomination Scheme (ENS).

The employer applies to their local DIMIA to take you which takes about 2 weeks, once approved you forward application form plus Police checks, meds, employment references, stat decs and passports to AHC in London and they take it from there. A process taking about 8 weeks start to finish.

It's a Permanent Resident Visa so you have no worries.

NedKelly63

Cool - thanks for that

MrsDagboy

An employer sponsored 457 visa is not a permanent visa. Not sure what visa you are referring to, but a 457 is usually 4 years.

Edit: sorry I just saw where you said it was an ENS visa, this is not the same as an employer sponsored 457 visa.

irishmolly

No problem MrsDagboy, but just to clarify - Employer Nomination Scheme (ENS) IS a Permanent Visa.

andrew63

Ned
I am going under 457 and my employer is doing everything for me. Would only take 3 - 4 months due to the medicals and police checks etc.
Because of my age (40!) and the position (sales and marketing) not being very special, my "employers" agent reckoned it would be easier getting a 457 and within 6 months he will apply for ENS! He guarantees we will have no problem so we anticipate our impending move to be permanent (soon).

Happy to supply more details if needed.

Andrew

JAJ

The nomination approval proces for Employer Nomination Scheme permanent visas is easier if the job is on the MODL.

However it is not *necessary* to have a MODL occupation. Most ENS applicants do not have MODL occupations, and usually would not have 120 points (because the typical age is 35-44).

The process to approve the appointment for ENS purposes can be quick or slow, depending on circumstances. A badly prepared application (of which there are many) is going to lead to long delays and may irreparably damage the employee's prospects of getting PR.

ENS visas can be applied for in Australia as well as offshore. And the RSMS provides a simpler alternative for employers in regional Australia.

Jeremy

JAJ

I would make sure there's a clear understanding (in writing) in advance as to what will happen if either they don't sponsor for ENS or if the ENS process does not work through to a visa for some reason.

As long as you're under 45 age is not really a criteria for ENS, but the job itself and your skills background are absolutely key. Plus some other factors like labour market testing (LMT) and the employer's training record.

ENS is not an especially easy visa (hence the risk of difficulties in the DIMIA process), and agents do come across cases where employers have not followed through on promises of ENS sponsorship in the first place. Not saying this is something your employer would do, just be aware the problem has occurred elsewhere.

If you're leaving a settled lifestyle in the UK, it's worth considering this point.

Because of LMT it's often easier to start the process for ENS at the same time as, or just after, hiring rather than some time down the line (when you'd have to re-advertise the job). Also be aware there is a risk of some changes to the ENS system coming in later this year, which may make things harder for Sydney based employers. No specific details or timescales are available on that as yet.

Jeremy

jayr

Note that if you get a 457 it will be either 2 or 4 years. 4 is the maximum and you can get a 2yr one extended (I believe).

One benefit of a 457 is that you can get Living Away From Home Allowance (LAFHA) if your employer agrees. This means you get rent (not mortgage) free of income tax and a food allowance. This would be worth around $15,000 a year (effectively tax free) and is not to be sniffed at. Early transfer to PR or other means of appearing permanent llike buying property will end your right tot his tax break.

JAJ

You can also get a new visa if you've been here for 4 years. There is no specific maximum time a person can stay in Australia on a 457 - except that without PR, you have to go home at some stage.

Some other tax issues (like Foreign Investment Funds) can also be affected by an application for PR.

However - without PR, you can't get Australian citizenship. And there are financial costs to be on a temp visa as well (eg school fees in NSW, uni fees, higher medical costs etc)

And while this is a personal decision, I don't think it's usually a good idea to let tax considerations prevail over the benefits of citizenship to both the individual and family members, children included.

Jeremy

jayr

Well, I never knew that you could extend a 457. I konw for sure that LAFHA can only go up to 4 years but didn't know I could renew my 457.

On the tax benefit, I wouldn't select a 457 over something else, but if you've got it, the tax situation effects the timing of your decision to change to another visa type. If I lived in NSW or had to move there, I would apply for PR straight away as the tax break would be offset by the cost of my kids education.

Sharpy67

Andrew
two things. 1: get the issue of sponsering you for the ENS visa in writing.
2: Never rely open the word 'Guarantee'. Just because you have got in on a 457, does not automatically mean that an ENS visa is guaranteed once you are over here and I have read many posts from people who have found that they have had to go home after their 4 year term (often against their wishes).
Nick

Sharpy67

Also bear the following in mind, if you get stuck on a 457 visa instead of getting ENS.

1. You are stuck to that employer for the term of the 457 (4 years).

2. You need to establish whether your employer is covering your medical costs (including your family). You need this in writing. And I 'm not talking about the crappy recipricol agreement between the UK and Australia. My employer tried to fob me off with this. In the end I got them to pay for a visitors private insurance.

If you have decide to get private healthcare yourself, as a temp resident you are not entitled to the 30% discount that PRs and citizens are entitled.

Also the numbers of different types of schemes is verfy limited for temporary vistors and more expensive than if you were a PR.

3. You need in writing that your employer is going to pay your repatriation costs should he decide to let you go within that 4 year term. If you resign, I believe you're on your own with regard to costs (something to also bear in mind as you are stuck with that employer).

4. You will be paying tax as a full tax resident, yet you will not be eligiable for any form of subsidy (parent subsidy and child card payments) that PRs can claim as soon as they arrive.

5. Some states charge you as a temp resident for STATE schooling. I know NSW does. Heard rumours that QLD had considered it.

6. As a temporary resident, there are some restrictions on which and what type of property that you can purchase. You need to read up on this with regarding to the FIRB (Foreign Investment review Board). Look for their website.

7. Your employer has to be able to show the DIMIA that he can guarantee you three years work if he wants to sponser you for an ENS. Not all employers can....or want to undertake this. You mention that the agent has said you can apply after 6 months.....but is your employer happy with that.

8. If you have a partner coming with you on your 457 visa, they will be able to work for any employer......however experience has shown that employers are more likely to overlook those on temp visas for those who in their eyes are more likely to be permanent.

Now, I'm not saying you won't get your ENS visa......but these are something to bear in mind should you not get it.

As mentioned before, you may be entitled to LAFHA (Living Away From Home Allowance). This is something offered by the employer,not the ATO, so get it in writing. However as soon as you show an inclin that you are applying ( not received) for a permanent visa, you are no longer eligiable.

I think you really need to get some more info from your employers agent as to just what the implications are for you and your family should you be stuck as temp residenst for whatever reason.

need any info, please PM me

Nick

NedKelly63

Thank you everyone for your input - great stuff!

jayr

Also as temporary resident Commonwealth Bank will turn you down for a car loan...