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457 Visa / official Offer of Employment questions

457 Visa / official Offer of Employment questions

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Old Sep 6th 2012, 2:29 pm
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Default 457 Visa / official Offer of Employment questions

Hi all

This is my first post, wont be the last !!

I am lucky enough to have been offered 457 visa sponsorship from an Australian distributor of the UK company I’m working for at the moment. It is the first time that they have done this, and so have to supply all the necessary admin and red tape to the aus government in order to get onto the ENS scheme so that they can sponsor me.

There have been some delays on their side as in the process of submitting all the relevant employee data they found that they were employing a UK citizen illegally – he had married an Aussie, but she had divorced him a few months back and he had not declared this to the company. I guess they have to let him go, if his appeal does not go through.

This is delaying the process for my move to aus somewhat.

So this is all background information to state where I’m coming from and what’s going on , but now I think I need some advice from people who have been through this process before – IE hopefully one of you reading this !

When we had the discussion about visas and timings with the Aus company, they said that they were going to make me an offer and then get the visa sorted. They gave me the impression at the time that this was going to take 2-3 weeks to get the offer to me. This is with no prior knowledge of how the system works.

That was back at the end of June and I still have not received said offer. I only got an update from the guy explaining the delay due to them finding out that they were employing someone illegally and explaining in good detail the levels of problems they are having applying on the ENS scheme.

Although this sounds a bit dodgy on the face of it, I believe it’s all above board. My wife is nervous that they are not going to give me an offer, but I disagree with her and am convinced that they are waiting for the ENS approval before they make a formal legally binding offer etc. Therefore I’m just patiently waiting, instead of harassing the guy to get the offer in place first.

Have any readers of this post received, signed and negotiated a written offer from a company before the sponsoring company were part of the ENS scheme?

Is it more likely that they will wait on the ENS approval before giving me an offer ? Even in draught form?

Any and all comments welcome and much appreciated.

Richard Driscoll
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Old Sep 6th 2012, 2:31 pm
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Default Re: 457 Visa / official Offer of Employment questions

Just to add to this, I am on the SOL list, and have recently had my experience and qualification formally recognised through TRA.
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Old Sep 7th 2012, 11:35 am
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Default Procedural question for 457 visa process

Hi,

although im not allowed to bump my posts, my original post was a bit long winded so heres a summary. Any and all comment appreciated!

I have been offered a 457 visa from an Australian distributor of the UK engineering firm that i currently work for. Its the first time that they are joining the ENS scheme, and are doing this just for me.

They initially said that they would have a offer on the table within 3 weeks, that was 3 months ago and I have not received an offer. I had an update from them to say that the ENS process is taking longer than they thought.

In terms of legality and procedures - would they have to be approved on the ENS scheme BEFORE they can actually make me an offer?

Im trying to figure out here what their delay is. Its all above board, but taking longer than we all thought to get sorted out.

any comments?
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Old Sep 7th 2012, 11:58 am
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Default Re: Procedural question for 457 visa process

Originally Posted by RikoDriko
Hi,

although im not allowed to bump my posts, my original post was a bit long winded so heres a summary. Any and all comment appreciated!

I have been offered a 457 visa from an Australian distributor of the UK engineering firm that i currently work for. Its the first time that they are joining the ENS scheme, and are doing this just for me.

They initially said that they would have a offer on the table within 3 weeks, that was 3 months ago and I have not received an offer. I had an update from them to say that the ENS process is taking longer than they thought.

In terms of legality and procedures - would they have to be approved on the ENS scheme BEFORE they can actually make me an offer?

Im trying to figure out here what their delay is. Its all above board, but taking longer than we all thought to get sorted out.

any comments?
Couple of things, 457 and ENS are two completely different visas- 457 is a temp visa good for up to four years, and ENS is permanent residency visa, sponsored by an Australian business. Just to make sure you have your bearings straight in terms of what is being offered to you by the Australian side of your company.

What's common between them two, is that before you go ahead with your end of the process, the employer has to approve a nomination with DIAC, and that could be the reason for them delaying the official job offer - perhaps they'd rather wait than risk any possible action from your side, if the offer they could have made now is not supported by an approved nomination.

If the nomination is processed for the ENS visa, then you need to do a skills assessment, check the assessment authority's website for their requirements and see what documents you need to have prepared on your end, and see if you can actually pass it - not everyone can. The skills assessment is not required for most occupations for the temp 457 visa and, after you have spent two years with them on a 457 you will be able to claim an exemption for a ENS visa, should they decide to flip you from a 457 to a permanent visa then.

So - check what visa is actually being worked on (temp or perm) and if it is a permanent one, check with the assessment body what you need to pass.

Re. that end taking their time, 3 months vs 3 weeks, welcome to Australia I guess Good luck.
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Old Sep 7th 2012, 12:23 pm
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Default Re: 457 Visa / official Offer of Employment questions

Hi. Many thanks for responding. The ENS as i saw it was the 'employer nomination scheme' - which the company has to apply for in order to be able to sponsor me a 457. I didnt see it as a visa in iteself.

They said they were going for the 457, then flip it to PR after 2 years.

I have already had my skills successfully recognised via Trades recognition australia. I assumed that this was also a requirement for a 457? If not still cant hurt though!

457 visa needs to be sponsored by an australian business as well? I had never heard of an 'ENS' visa before...
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Old Sep 7th 2012, 1:34 pm
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Default Re: 457 Visa / official Offer of Employment questions

Originally Posted by RikoDriko
Hi. Many thanks for responding. The ENS as i saw it was the 'employer nomination scheme' - which the company has to apply for in order to be able to sponsor me a 457. I didnt see it as a visa in iteself.

They said they were going for the 457, then flip it to PR after 2 years.

I have already had my skills successfully recognised via Trades recognition australia. I assumed that this was also a requirement for a 457? If not still cant hurt though!

457 visa needs to be sponsored by an australian business as well? I had never heard of an 'ENS' visa before...
ENS is the name given to the PR employer sponsored visas = http://www.immi.gov.au/skills/skills.../subclass-186/

as opposed to the 457 which is temporary - http://www.immi.gov.au/skills/skills.../subclass-457/

If you qualify for ENS you can be sponsored for PR straight away. Otherwise they may sponsor you for a 457 now and then later for PR when you meet the requirements. Both require a separate approval from DIAC as they have different requirements both for employers and employees.
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Old Sep 7th 2012, 2:23 pm
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Default Re: 457 Visa / official Offer of Employment questions

Thanks for the response Pollyanna !

This helps me and doesnt help me at the same time ! Helps me as i now know the difference between ENS and 457. But doesnt help me as i thought i had understood it correctly ! Oh well, some additional weekend reading required then!

ENS visa is subclass 189 then?

Which option is less hassle for the employer? 457 or ENS?
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Old Sep 7th 2012, 5:53 pm
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Default Re: 457 Visa / official Offer of Employment questions

Originally Posted by RikoDriko
Thanks for the response Pollyanna !

This helps me and doesnt help me at the same time ! Helps me as i now know the difference between ENS and 457. But doesnt help me as i thought i had understood it correctly ! Oh well, some additional weekend reading required then!

ENS visa is subclass 189 then?

Which option is less hassle for the employer? 457 or ENS?
either way, they have to have their nomination approved. If you have any choice in the matter, I'd push for the ENS visa, because of two things - they are under no obligation to process another visa after they have you there, and the fact that you surrender your b@lls to them on a temp visa kinda bugs me.
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Old Sep 7th 2012, 9:26 pm
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Default Re: 457 Visa / official Offer of Employment questions

Originally Posted by RikoDriko
Thanks for the response Pollyanna !

This helps me and doesnt help me at the same time ! Helps me as i now know the difference between ENS and 457. But doesnt help me as i thought i had understood it correctly ! Oh well, some additional weekend reading required then!

ENS visa is subclass 189 then?

Which option is less hassle for the employer? 457 or ENS?
The ENS visa is more expensive and can take longer, but mainly due to the skills assessment step, which you have already completed (probably was not necessary for the 457 visa). As you have this, I would push for this visa too, although many companies would prefer to delay sponsoring for PR straight away.

The three week turnaround time was incredibly hopeful for a company that has never sponsored before, so I would not worry that it took longer than that. A few weeks to a couple of months probably captues most processing times.
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Old Sep 9th 2012, 11:30 am
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Default Re: 457 Visa / official Offer of Employment questions

Just to add that due to the changes that occured as of July 2012 the processing is taking longer than usual. If you have been entered for an ENS this could also explain the extended length of time.

We came over on a 457 ours took 8 weeks for the Employer to be granted and they had been previous sponsors and then a further 5 weeks for our visa to be granted. In the long run very quick tbh....

Just had an email from DIAC and currently our application for PR via RSMS and ENS could take up to 9 months due to the backlog.

Hope this helps......good luck with everything.

Ems x
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Old Sep 10th 2012, 12:51 pm
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Default Re: 457 Visa / official Offer of Employment questions

Our company had 457's through in 3-4 days a few weeks ago.
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Old Sep 10th 2012, 10:26 pm
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Default Re: 457 Visa / official Offer of Employment questions

Hi,

I am having my Succesful Assessment Outcome from TRA for 342414 Telecommunication Technician.
Can any one help me how to apply for visa 457 and from where I start first.

Warm Thanks
Syed
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Old Sep 11th 2012, 12:31 am
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Default Re: 457 Visa / official Offer of Employment questions

Originally Posted by alimehdi
Hi,

I am having my Succesful Assessment Outcome from TRA for 342414 Telecommunication Technician.
Can any one help me how to apply for visa 457 and from where I start first.

Warm Thanks
Syed
Do you have an employer to sponsor you? If you're intending to try to find an employer through SkillSelect, you will still need to meet a minimum English requirement (of least five in each component).
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Old Sep 11th 2012, 5:37 am
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Default Re: 457 Visa / official Offer of Employment questions

Originally Posted by alimehdi
Hi,

I am having my Succesful Assessment Outcome from TRA for 342414 Telecommunication Technician.
Can any one help me how to apply for visa 457 and from where I start first.

Warm Thanks
Syed
Your employer will initiate the process.
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Old Sep 11th 2012, 9:43 am
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Default Re: 457 Visa / official Offer of Employment questions

I am willing to apply for australian immigration as a electrical technician special class. by skill select procedure.

I have following queries

can i log my application in skill select before trade skill assessment as electrical technican special class.

I am willing to apply as regional skilled worker visa,

I have energy sectore (power generation) experience. more than 10 years.
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