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Labour Market testing of ENS ?

Labour Market testing of ENS ?

Old Dec 19th 2001, 10:41 am
  #1  
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I am an executive of a large multinational firm and I will soon be in Australia on a 457 visa. My company is concerned that I may accept another offer down the trail as I get headhunted quite regularly (lucky me). They asked what it would take to ensure I stay and I said if they sponsored me for PR I'd be happy to sign a long term contract.

They duly consulted our lawyers (they are not specialists)who said because of my age (over 45) that Labour Market Testing would be required. Is this the only option ? They will only pick me no matter who shows up in the Exec Search/ Ads etc. Seems like a waste of time and money for the applicants and my company ???
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Old Dec 20th 2001, 9:52 am
  #2  
Jaj
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Labour Market Testing is required for all employer nominated PR visas as far as
I am aware.

You should also be aware that it's quite hard (but not impossible) for someone aged
over 44 to be granted an employer nominated PR visa. The appointment has to be
'exceptional.' (senior exec roles in large companies may qualify under this heading).

My suggestion is that you / your company engages a migration agent who specialises in
ENS applications and has a track record in dealing with cases like yours.

If you are granted PR and subsequently leave your employer, you would keep your PR
visa (unless it was through the regional sponsored migration scheme). However, if
your employer makes you sign a contract with penalty clauses for leaving early as
part of the deal of sponsoring you for PR, that's a matter between you and them.

Jeremy

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Old Dec 20th 2001, 11:30 am
  #3  
Alan Collett
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Jeremy,

There's a waiver of the LMT requirement for occupations on the MODL.

Alan Collett www.gomatilda.com Offices in Southampton, England and Melbourne,
Australia

JAJ Labour Market Testing is required for all employer nominated PR visas as far as
I am aware.

You should also be aware that it's quite hard (but not impossible) for someone aged
over 44 to be granted an employer nominated PR visa. The appointment has to be
'exceptional.' (senior exec roles in large companies may qualify under this heading).

My suggestion is that you / your company engages a migration agent who specialises in
ENS applications and has a track record in dealing with cases like yours.

If you are granted PR and subsequently leave your employer, you would keep your PR
visa (unless it was through the regional sponsored migration scheme). However, if
your employer makes you sign a contract with penalty clauses for leaving early as
part of the deal of sponsoring you for PR, that's a matter between you and them.

Jeremy

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Old Dec 20th 2001, 7:16 pm
  #4  
Jaj
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Alan I stand corrected. However, as far as I know there is still a need to show the
appointment is 'exceptional' if the applicant is aged over
44.

Jeremy

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[usenetquote2]>>I am an executive of a large multinational firm and I will soon be in Australia on[/usenetquote2]
[usenetquote2]>>a 457 visa. My company is concerned that I may accept another offer down the trail[/usenetquote2]
[usenetquote2]>>as I get headhunted quite regularly (lucky[/usenetquote2]
[usenetquote2]>>me). They asked what it would take to ensure I stay and I said if they sponsored me[/usenetquote2]
[usenetquote2]>> for PR I'd be happy to sign a long term contract.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>They duly consulted our lawyers (they are not specialists)who said because of my[/usenetquote2]
[usenetquote2]>>age (over 45) that Labour Market Testing would be required. Is this the only option[/usenetquote2]
[usenetquote2]>>? They will only pick me no matter who shows up in the Exec Search/ Ads etc. Seems[/usenetquote2]
[usenetquote2]>>like a waste of time and money for the applicants and my company ???[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>--[/usenetquote2]

[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
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Old Dec 21st 2001, 10:40 am
  #5  
George Lombard
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Posts: n/a
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Hi Jeremy, Alan,

I don't think it would be sensible to underestimate the "exceptionality" required
for a 44+ ENS (or a 2 year post-degree experience person either). The energy you
would need to put into arguing the case would rarely be worth it, given what the
PAMS say about it.

Cheers

George Lombard

www.austimmigration.com.au JAJ
[usenetquote2]>>Labour Market Testing is required for all employer nominated PR visas as far as I[/usenetquote2]
[usenetquote2]>>am aware.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>You should also be aware that it's quite hard (but not impossible) for someone aged[/usenetquote2]
[usenetquote2]>>over 44 to be granted an employer nominated PR visa. The appointment has to be[/usenetquote2]
[usenetquote2]>>'exceptional.' (senior exec roles in large companies may qualify under this[/usenetquote2]
[usenetquote2]>>heading).[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>My suggestion is that you / your company engages a migration agent who specialises[/usenetquote2]
[usenetquote2]>>in ENS applications and has a track record in dealing with cases like yours.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>If you are granted PR and subsequently leave your employer, you would keep your PR[/usenetquote2]
[usenetquote2]>>visa (unless it was through the regional sponsored migration scheme). However, if[/usenetquote2]
[usenetquote2]>>your employer makes you sign a contract with penalty clauses for leaving early as[/usenetquote2]
[usenetquote2]>>part of the deal of sponsoring you for PR, that's a matter between you and them.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Jeremy[/usenetquote2]
[usenetquote2]>>[/usenetquote2]

[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>>I am an executive of a large multinational firm and I will soon be in Australia on[/usenetquote2]
[usenetquote2]>>>a 457 visa. My company is concerned that I may accept another offer down the trail[/usenetquote2]
[usenetquote2]>>>as I get headhunted quite regularly (lucky[/usenetquote2]
[usenetquote2]>>>me). They asked what it would take to ensure I stay and I said if they sponsored[/usenetquote2]
[usenetquote2]>>> me for PR I'd be happy to sign a long term contract.[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>They duly consulted our lawyers (they are not specialists)who said because of my[/usenetquote2]
[usenetquote2]>>>age (over 45) that Labour Market Testing would be required. Is this the only[/usenetquote2]
[usenetquote2]>>>option ? They will only pick me no matter who shows up in the Exec Search/ Ads[/usenetquote2]
[usenetquote2]>>>etc. Seems like a waste of time and money for the applicants and my company ???[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>--[/usenetquote2]

[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
    >
 
Old Dec 21st 2001, 9:22 pm
  #6  
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Joined: Dec 2001
Posts: 4
David R is an unknown quantity at this point
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Thank you all.

Sounds like a longshot anyway so guess I will go back to plan A and retire in Bermuda if our lawyers can't make a case.
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