sandiep

Hi to anyone out there wh may have some ideas as to how we can persuade OH's company to either sponsor or just nominate him earlier than their policy dictates. We are here on 457 visa but G turns 45 in April and we will only have been here a year. Work says they will be willing to sponsor PR after 2 years but want to feel settled sooner and get out of this disequilibrium feeling. We are putting a case forward to his company as to how it would benefit them to nominate us after just the one year (eg settled family = happy employee) Any other ideas gratefully accepted, thanks

Safin

Offer to pay! its the only way ours would do it at all. If theres no financial cost to them what else would their objection be?

sandiep

we will offer to pay but doing anything before 2 years is not "company policy" so may be a sticking point

jimbo_d

tell them it will cost more to repatriate you - ie about $2500 + family costs for the pr or at least $5000 to ship you back to the uk with all your stuff

sandiep

Yes, nice one, Jimbo D, thanks

jayr

Before offering to pay all of it start off with this:

Have written into contract that if leave within 12 months will pay full costs back and 50% if between 12 and 24 months.

Implies loyalty.

JAJ

1. It will get a lot harder for them to sponsor after he turns 45. Do they want to keep him or not?

2. With increasing unemployment, it will likely get harder for employees to sponsor in general.

3. If you get permanent residence, they are released from their legal obligations on repatriation and medical cover, in particular.

4. Employee doesn't have to worry about being sent home if someone in the family gets sick.

5. Harder for family to get credit, buy house, spouse to find proper employment (delete as applicable).

If HR spin the "no sponsorship before 2 years" line then get the support of your own line manager and then his boss. Present it as a "win-win" for them. If they still say no, then you may want to consider whether they really are a good employer or not.

Are they aware that it is possible to do ENS sponsorship before 2 years? Many employers do not know this.

They also should need to know that they don't have to advertise the position to the labour market, normally, although that will likely be different if he turns 45 and/or the rules change.

sandiep

JAJ this is brilliant, thank you. i will let you know how it goes but thanks very much for your time, everyone.

sandiep

OH put in his letter of reasons why work should sponsor him prior to his 45the birthday and after only 1 year, bullet listing advantages to them straight off, his boss signed on the dotted lione straight away, HR and the management team also agreed, and pay for it, AND as from the other day, believe the application will be fast-tracked as his employer has nominated him, so THANKS FOR THE HELP

trainee_pilot

Other than these???

- have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)
- have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged.


If so, tell me more as I have 6 months to go before my 2 years on a 457 are up and my employers are willing to sponsor me for PR as soon as they can

sandiep

Your employer can also apply to nominate you if you have had 2 years work experience in australia. OH had skills assessment which was a bit of a drag but worth it. Either way, the employer nominates for an 856 visa and you apply too, complete with police certificates, medicals and evidence of english if needed and the process should be speeded up as they are now supposed to be fast-tracking these sponsorships.

Employer pays $370 and the application is $2105 paid for by you or them/ Good Luck

trainee_pilot

On what type of visa? I was on my OH's student visa from March till June 2007 until my 457 came through, so was working part-time (20 hours pw) till then. Does this mean I am eligible for an 856 visa in March 2009?

Nope, not got that option yet due to lack of 900 hours experience for OH

Looks like I will just have to wait till June and hope the calls from certain members of parliament to send the 457 visa holding workers back to whence they came from are ignored!

TP

sandiep

Australian immigration website gives details as to who can apply. This link gives more info.
http://www.immi.gov.au/skilled/skill...visa-works.htm

On that page reads details that your employment needs to be on Employer Nominated SOL list:
Employer Nomination Scheme (Subclass 121/856)

About this Visa How this Visa Works Eligibility Obligations Applying for this Visa

How this Visa Works
On this page

Employer
Employee
Eligible position
Validity periods
More information


For this visa, you will need:

an Australian employer
a highly skilled employee
an eligible occupation.
The process for obtaining a visa under the Employer Nomination Scheme is summarised below.

Who Responsibility
Employer nominates the position(s) that they wish to fill
finds a suitable employee who is willing to work for them in Australia.

Employee accepts the offer of employment from the nominating employer
applies for a visa and meets any conditions on their visa (once approved).


Employer
An employer is an Australian business that is seeking to fill a vacancy for an eligible position.

Employee
An employee is a foreign national who:

meets the age, skill and language requirements
has an employer that is willing to sponsor them for this visa.
Eligible position
An eligible position must meet the following requirements:

be full-time, ongoing and available for at least 3 years
provide working conditions that are no less favourable than provided for under the relevant Australian legislation and awards
be a highly skilled occupation that is on the Employer Nomination Scheme Occupation List (ENSOL).
See: Information form 1121i Skilled Occupation List (SOL) and Employer Nomination Scheme Occupation List (ENSOL) (129KB PDF file)
meet the minimum salary level for ENS.
See: Gazette Notice (293KB PDF file)
Validity periods
The validity period of the:

nomination is 6 (six) months
visa is permanent.
More information
Detailed information on the Employer Sponsored Migration scheme is also available in booklet 5.
See: Booklet 5 Employer Sponsored Migration (187KB PDF file)

Hope this helps

trainee_pilot

not really, I know all that. I was interested in JAJ's comments about other ways of being sponsored through ENS without waiting the full 2 years.

Thanks for trying to help though and apologies for hi-jacking your thread

TP

Billy_NoMates

Me to. They've agreed to sponsor after 2 years but that's in Oct 09. Would be very interested in how they sponsor earlier, especially without having a skills assesment.