Morning all...

Does anyone know if you get permanent residency if you go to Oz on an Employer Sponsored Visa?

It's a long story and a long shot for us...

Any replies gratefully received..

SonicBird & Chopper Boy
xx

The answer maybe yes but it depends which visa category.
Did you have a specific type in mind ?

After 4 years of being in OZ on an Employer Sponsored Visa you can apply for permanent residency. My friend did it a couple of years ago.
Means you can't fall out for 4 years with the company that sponsored you, for obvious reasons!
Hope this helps, Alex.

Beer o'clock in Oz now!

Alex, that doesn't sound quite right to me as it implies by doing the 4 years you have the right to PR.

I think it maybe that becuse he was incumbent in the job for the 4 years it gave your mate the right to apply for an ENS or RSMS sponsored visa which are both PR visas.

Can you check that with him please ?

You can be sponsored as a permanent resident from the start (but you have to have an occupation that is in demand or hard to fill in oz). I was and am now an ozzie citizen 2yr 4 months after arriving.

Not quite. For ENS, any occupation on the ENS Skilled Occupation List will do.
For RSMS, any diploma or trade (or above) level occupation is acceptable.

ENS and RSMS both confer permanent residence (with conditions for RSMS).

Migration booklet 5 is a "must read" for anyone thinking of these visas.

The work permit - a 457 visa - definitely does not confer permanent residence, and nor does it give any automatic right to permanent residence. Many 457 visa holders have had to go home, especially if the employer won't sponsor for PR or they don't qualify for some other reason.


Jeremy

Thanks for all the replies!

Chopper Boy's occupation is on Skilled Occupation List, but not on the MODL.. which is where our problem is... we need to extra 15 points you get for your occupation being on the MODL to get enough points to be able to apply for a 136 Skilled Ind. visa. We were hoping that we might be able to get in on an Employer Sponsored visa (121, I think) if we can get sponsored, but want to know if we get PR with that... it's so damn complicated this migration business!

All the best
SonicBird

are you sure? My understanding is:

it must be hard to fill...
(my employer had to provide evidence that they could not recruit anybody from Australia. This was a lengthy process and I could not apply on my side until they had proved this). This was the rule as per my experience in 2003.

... no matter if it *is* on the ENS Skilled Occupation List: if it is easy to fill with an Australian then the company will not be able to obtain authorisation to offer you the job.

Rules all changed on 2 April 2005.

There's now no more 'labour market testing' (except possibly in exceptional cases involving over 45s).

Now they use the ENS SOL as a basis (this did not exist beforehand). The job must be on this list. And then they look for ONE of the following:

- a skill assessment in that occupation plus three years work experience; or
- two years work experience in Australia in that occupation on a 457 or equivalent visa; or
- a salary of AUD152k or more

This is why someone else's experience is not necessarily a good guide. Not only is every case different, but rules change from time to time. Sometimes radically.

The RSMS rules are not changed, and don't typically require labour market testing either (just a sign-off from a regional certifying body).



Jeremy

ENS, subclass 121, is a PR visa.

If you have an employer sponsoring you, make sure they sponsor for this visa and not something like the 457 visa which is temporary residence only.



Jeremy

good point

Hi there... what is "labour market testing" ??



SonicBird & Chopper Boy

Not relevant now except in exceptional cases (>45 years old). But it involved the company placing adverts in national/local papers to ensure that Australians had every opportunity to come forward to take the position prior to that position being offered to somebody who is not an Australian Resident.

Ah, so if someone was over 45 (57 in the case of my father-in-law) could they get in if they had an occupation on the MODL list and got a company to sponser them?

I want my in-laws to come with us and I'm trying to find a way (yes I probably am delusional but hanging on to a tiny thread of hope )

It would likely be very difficult. Perhaps a little less difficult if the job was in regional Australia.

Get professional advice from an agent expert in ENS, to begin with. Choose well, as many agents know little or nothing about ENS. And be prepared to pay for advice.



Jeremy