thedrys

I am a nurse but unable to apply for Skilled Indy route as been working less than 20hrs/week. Been trying to increase my hours since Nov. but due to financial constraints the health trusts have now decided to cut back on pool and positions vacant, which is going to make finding more hours even more difficult!!

This cuts down the number of visa options open to my family as hubby does not get enough points to be primary applicant and despite sending his CV to various agencies regarding possible Employer sponsorship (ENS), he has heard nothing. I don't think it's a route many employers like to take on.

As I'm a registered nurse, I'm sure we stand a better chance with my qualifications, but with 2 children, 14 and 12, I really feel we need to get there asap so that we don't mess up their education too much. Not being able to increase my working hours has just been another set back (though I'm still looking of course) and could potentially delay things for a long time.

I didn't really want to work full time in Oz, but feel we need to be more flexible if we are to get a visa at all and as the kids don't need childcare it is possible. So, we are now thinking of ENS for me, which will (I think) mean full time hours.


I may be repeating myself from much earlier posts (since we started all this in August), so apologies, but could anyone please clarify the following regarding ENS for nurses:

1.Is it permanent residency(PR)
2.If not PR could I apply for Skilled Indy after a year to get PR
3.Are you tied to the employer for a set length of time
4.Could I reduce my hours to part-time once employed
5.Could I leave the employer if I found the job unsuitable
6.If I left the employer would I maintain residency
7.Are there any disadvatages for myself/family that I should be aware of
8.Should I approach health authorities direct or use a good agency like Geneva Health (recommended by several nurses on here)

We truly are, at the point of giving up now, as we seem to have an obstacle at every turn. If this fails then maybe it just wasn't meant to be. We will get on with our lives here, but at least we will have given it a good go.
Sorry to go on a bit.
Hope someone can help. Thanks.

thedrys

Oops, wrong forum. Will post on Immigration too.Sorry guys.

JAJ

ENS is permanent. As is RSMS.

However a lot of people call the temporary business visa (work permit, subclass 457 visa) 'ENS' which is not correct.

Make sure that when you talk about ENS you are talking about the permanent visa. Make sure the same applies to any prospective employer.


For ENS there is no specific period, although if DIMIA felt the whole process was a fraud they could take appropriate action.

For RSMS there are specific provisions that insist you make a 'genuine effort' to stay with your employer for 2 years. Your visa can be cancelled if you don't.


With ENS - yes.
With RSMS - not in the first two years (although with RSMS if you are laid off by your employer you don't have a problem)


Agencies will probably not sponsor for permanent residence. Nor will some employers. However if you look you may find a sponsor. However, you may need to look in regional NSW (if that's your state of choice) and accept sponsorship for RSMS rather than regular ENS.

If you need detailed advice, you should get professional assistance if you find an employer to make sure you end up on the right visa.

In the meantime, download and read migration booklet 5 from the DIMIA site.

The other option which may still be there is to lodge a legal challenge (alongside the one already lodged in the Federal Court) to the legality of the Sydney sponsor rules before the issue is decided.

Jeremy

thedrys

Thanks as always JAJ. Have downloaded Booklet 5 for some light reading!!!!!!

Why are employers so reluctant to do ENS. Does it have greater financial implications for them?
PR would obviously be preferable, especially as we have kids, but would PR also make it easier for my husband to get a job?

Planning to get in touch with a new agent (one which has been highly recommended on here!) to further discuss our options.If we can't get ENS, which route do you think would be best? We are happy to go to NSW, Qld or SA.

JAJ

Firstly, employers will only sponsor for a visa (any kind of visa) if they cannot recruit someone who is Australian. In reality - most jobs are not in shortage in Australia and can easily be filled from the local market. This includes most jobs on the skilled occupations list. However, it is feasible to find a job offer as a nurse.

If you need to sponsor for a visa, as opposed to hiring someone local, it means a delay (which employers would rather avoid) and paperwork (ditto).

Some employers will only sponsor for temporary visas, and not PR. A *good* employer should have no problem sponsoring for PR if they really want to hire someone from overseas. However some employers prefer to have overseas employees 'tied' to them with a temporary visa.



If you have kids, and don't have PR, you'll get stung big time in NSW for school fees to attend the local government school. AUD4.5k per child per year approx.

Some other states may have this policy or be planning to introduce it, it's definitely an issue in PR.

Another problem if you have older kids is that if they are deemed 'independent' before PR is granted, they could well have to leave Australia or spend a fortune on a student visa (and then maybe still have to leave later).

Yes it would.

Spouses of work permit holders (457 visa) do have work rights, but in the real world in Australia, employers will generally not hire temporary residents (even with work rights) for most long-term, career orientated jobs. In other words, the better jobs.

My view is that if you are going to uproot a family from the UK to settle in Australia, a permanent visa is the only way to go about it, unless you're employed by a multinational company and sent there on a short term assignment.

You need to be flexible on location. If you are willing to go a little bit away from the major cities, you'll be more likely to find a hospital willing to sponsor for PR straight away. That might be through the RSMS, details are in booklet 5.

Make sure you meet the ENS requirements - if not, look at RSMS which is easier.

That doesn't mean you would have to live in the outback, but possibly in a regional centre.

If challenging the Sydney skill shortage list in court is still on your agenda, you would need to deal with a good immigration lawyer. Some agents are lawyers, others are not - you can be a good agent and not be a lawyer but you'd have to refer onwards to an expert a legal question like that. You should know that someone else has already lodged legal action in the Federal Court.

Jeremy

txmogga

Hi
Have read the 457 FAQ several times.

Professional advice has suggested getting sponsor for 6 months, then applying onshore for 136 after a few months, which in my case resolves the issue of waiting for son to turn 18 and not wanting to include him on 136.
I also do not want employers sponsored 136 later as I qualify on my own and don't want to be tied down. Do you think there is any chance of this working out? Anything else I should be wary of? I am RN. Thanks in advance,
txmogga

JAJ

Why get a sponsor for 6 months? Do you need the 5 points for Australian work experience? And have you thought about just waiting the extra time in the UK?

Also - you can't apply onshore for a 136 (you can be in Australia when you apply but it's still considered an 'offshore' application).

And there's no such thing as an 'employer sponsored 136' - the 136 is a skilled *independent* visa.

Jeremy

txmogga

No, I don't need the 5 points for work experience.

The reason the 457 was suggested was for timing.

Original plan was lodge 136 now, but both here and other professional advice clearly says that is risky because of son.
Doing the 457 now might give me the option of being close to the original plan of moving around June. Waiting on son to have BD means not lodging the 136 until August, then waiting for however long after that for approval.

Understood about 136. Just meant that I have been told I can turn in the application while onshore, during the 457, but after son's BD.

Waiting is certainly an option. Of course I would prefer to be ready by June, but don't want to rush into problems for being in a hurry either. At this point, I don't know if I will even find a sponsor for 6 months, so I might end up waiting anyway.
thanks , txmogga

JAJ

If you are bring sponsored by an agency, you might want to look up the posts by 'glittababe' on the nursing forum who had an 'interesting' experience.

Make sure that by waiting a few months on 136 that you don't lose points for age or anything. Also remember the 18 year thing is based on date of how old he is at date of visa decision, not application.

Jeremy

txmogga

Thanks very much.
Glittababe and I have been corresponding in private and she has been very helpful and generous with information.

Son turns 18 on 6 August, but will already be gone by then, leaving for boot camp mid July.

I turn 44 on 22 August. I don't forsee any losing of points yet unless any rule changes between now and then would affect me.

Any thoughts on when it would be ok to lodge 136 going by these dates?

txmogga

JAJ

Is he dependent on you?

Turning 45 is when it gets very complex, not 44.
Are you sure you have 120 points if you are in the 40-44 age bracket (even with MODL it can be difficult).

Jeremy

txmogga

No, he is not dependent on me.

Regarding me:
Skill, 60 , positive ANMC assessment completed
Age, 15, current age 43
English language, 20, USA citizen, education
Specific work experience , 10, RN for 11 years, currently employed
Occupation in demand, 15 , nursing

txmogga

txmogga

Are you sure you have 120 points if you are in the 40-44 age bracket (even with MODL it can be difficult).


Regarding me:
Skill, 60 , positive ANMC assessment completed
Age, 15, current age 43
English language, 20, USA citizen, education
Specific work experience , 10, RN for 11 years, currently employed
Occupation in demand, 15 , nursing

txmogga[/QUOTE]



Yes , pretty sure, unless I've made an error somewhere.

Also, regarding son's age, since it goes by date of decision, not date of application, any thoughts on when it would be *safe* to apply?

thanks, txmogga

JAJ

Normally regarding nurses and work experience, one thing that catches many nurses out is working less than 20 hours a week.

Unless you've got a deadline, it may be better to wait until your son turns 18 and then apply. DIMIA prefer 'decision-ready' applications - however you'd have to take the risk that the requirements might change beforehand.

This is really something you have to explore in detail with a *good* migration agent.

Jeremy