CHANGING VISA TYPE FROM SIR TO ENS??
Nov 9th 2007, 10:30 am
#1
Forum Regular
Thread Starter
Joined: Jun 2007
Posts: 44
CHANGING VISA TYPE FROM SIR TO ENS??
Hi Guys
Just looking for a bit of visa advice.
We are in the final stages of applying for a 495 SIR visa, our meds are currently being processsed in Sydney and we were allocated a CO about 3 weeks ago.
In abit of a pickle now as my OH has been offered employer sponsership (ENS 121).
I know that a permanent visa is always the best, so the ENS visa is the best option.
Do we wait a few more weeks for a visa decision on the SIR then ask if we can change it to a ENS 121?
I have heard stories about people going for the 121 then the employer pulling out last minute. Therefore would it be better to get the SIR just incase??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the TRA job or can you have a change of career after a certain period of time??
Any help would be appreciated
Many thanks
Jo
Just looking for a bit of visa advice.
We are in the final stages of applying for a 495 SIR visa, our meds are currently being processsed in Sydney and we were allocated a CO about 3 weeks ago.
In abit of a pickle now as my OH has been offered employer sponsership (ENS 121).
I know that a permanent visa is always the best, so the ENS visa is the best option.
Do we wait a few more weeks for a visa decision on the SIR then ask if we can change it to a ENS 121?
I have heard stories about people going for the 121 then the employer pulling out last minute. Therefore would it be better to get the SIR just incase??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the TRA job or can you have a change of career after a certain period of time??
Any help would be appreciated
Many thanks
Jo
Nov 9th 2007, 10:41 am
#2
Forum Regular
Joined: Mar 2007
Location: Stockholm, Sweden
Posts: 96
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Hi,
as far as I know, you can't change from one type of visa to another once the application has been submitted - I tried to change from a 495 to a 136 and was unsuccessful. If you want to change, my guess is that you'll have to withdraw your current application (and lose your application fee) and apply for a new visa. Good luck whatever you choose!
as far as I know, you can't change from one type of visa to another once the application has been submitted - I tried to change from a 495 to a 136 and was unsuccessful. If you want to change, my guess is that you'll have to withdraw your current application (and lose your application fee) and apply for a new visa. Good luck whatever you choose!
Nov 9th 2007, 11:30 am
#3
BE Forum Addict
Joined: Nov 2003
Location: Cork, Ireland
Posts: 2,887
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Hi Guys
Just looking for a bit of visa advice.
We are in the final stages of applying for a 495 SIR visa, our meds are currently being processsed in Sydney and we were allocated a CO about 3 weeks ago.
In abit of a pickle now as my OH has been offered employer sponsership (ENS 121).
I know that a permanent visa is always the best, so the ENS visa is the best option.
Do we wait a few more weeks for a visa decision on the SIR then ask if we can change it to a ENS 121?
I have heard stories about people going for the 121 then the employer pulling out last minute. Therefore would it be better to get the SIR just incase??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the TRA job or can you have a change of career after a certain period of time??
Any help would be appreciated
Many thanks
Jo
Just looking for a bit of visa advice.
We are in the final stages of applying for a 495 SIR visa, our meds are currently being processsed in Sydney and we were allocated a CO about 3 weeks ago.
In abit of a pickle now as my OH has been offered employer sponsership (ENS 121).
I know that a permanent visa is always the best, so the ENS visa is the best option.
Do we wait a few more weeks for a visa decision on the SIR then ask if we can change it to a ENS 121?
I have heard stories about people going for the 121 then the employer pulling out last minute. Therefore would it be better to get the SIR just incase??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the TRA job or can you have a change of career after a certain period of time??
Any help would be appreciated
Many thanks
Jo
A new application fee would be needed for an ENS application. Also, you are granted the SIR visa, old or new, you can not apply for the on-shore 856 ENS visa (unless you have held the SIR visa for at least 2 years). You can apply for the 121 off-shore visa, while holding an SIR for any period, but if you are in Australia when the visa is ready for grant, you and your family have to leave Australia for a week to get the 121 granted and evidenced in your passport. - you can go to New Zealand or any other overseas Australian office.
So, to hedge your bets I would advise getting the employer to go through the process in Australia. If you can wait, your health and character clearances should still be valid and the 121 visa can be granted cancelling your SIR visa, without you ever having travelled on it. If you need to be out there before grant of the 121, go on the SIR visa, make sure you live in a regional area of Australia (so if the ENS sponsor is not in a regional area, do not use the SIR to go and start working for the sponsor) and then sort a trip when the 121 is ready for grant.
Regards
Tony Coates
MARN 0635896
(856 can only apply for the o
Nov 9th 2007, 11:47 am
#4
Forum Regular
Thread Starter
Joined: Jun 2007
Posts: 44
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Thanks for the responses
Think i will wait to get the SIR visa then apply for the ENS 121 whilst still living in the UK, how long does it usually take??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the SOL job or can you have a change of career after a certain period of time??
many thanks
Think i will wait to get the SIR visa then apply for the ENS 121 whilst still living in the UK, how long does it usually take??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the SOL job or can you have a change of career after a certain period of time??
many thanks
Nov 9th 2007, 12:02 pm
#5
BE Forum Addict
Joined: Nov 2003
Location: Cork, Ireland
Posts: 2,887
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Thanks for the responses
Think i will wait to get the SIR visa then apply for the ENS 121 whilst still living in the UK, how long does it usually take??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the SOL job or can you have a change of career after a certain period of time??
many thanks
Think i will wait to get the SIR visa then apply for the ENS 121 whilst still living in the UK, how long does it usually take??
Are you tied to work for the employer for a certain amount of time? and do you always have to do the SOL job or can you have a change of career after a certain period of time??
many thanks
Regards
Tony Coates
MARN 0635896
Nov 12th 2007, 2:38 pm
#6
BE Forum Addict
Joined: Nov 2003
Location: Cork, Ireland
Posts: 2,887
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Hi Jo
A new application fee would be needed for an ENS application. Also, you are granted the SIR visa, old or new, you can not apply for the on-shore 856 ENS visa (unless you have held the SIR visa for at least 2 years). You can apply for the 121 off-shore visa, while holding an SIR for any period, but if you are in Australia when the visa is ready for grant, you and your family have to leave Australia for a week to get the 121 granted and evidenced in your passport. - you can go to New Zealand or any other overseas Australian office.
So, to hedge your bets I would advise getting the employer to go through the process in Australia. If you can wait, your health and character clearances should still be valid and the 121 visa can be granted cancelling your SIR visa, without you ever having travelled on it. If you need to be out there before grant of the 121, go on the SIR visa, make sure you live in a regional area of Australia (so if the ENS sponsor is not in a regional area, do not use the SIR to go and start working for the sponsor) and then sort a trip when the 121 is ready for grant.
Regards
Tony Coates
MARN 0635896
A new application fee would be needed for an ENS application. Also, you are granted the SIR visa, old or new, you can not apply for the on-shore 856 ENS visa (unless you have held the SIR visa for at least 2 years). You can apply for the 121 off-shore visa, while holding an SIR for any period, but if you are in Australia when the visa is ready for grant, you and your family have to leave Australia for a week to get the 121 granted and evidenced in your passport. - you can go to New Zealand or any other overseas Australian office.
So, to hedge your bets I would advise getting the employer to go through the process in Australia. If you can wait, your health and character clearances should still be valid and the 121 visa can be granted cancelling your SIR visa, without you ever having travelled on it. If you need to be out there before grant of the 121, go on the SIR visa, make sure you live in a regional area of Australia (so if the ENS sponsor is not in a regional area, do not use the SIR to go and start working for the sponsor) and then sort a trip when the 121 is ready for grant.
Regards
Tony Coates
MARN 0635896
Only applications made on or after 01 September carry the new condition allowing the holder to live in any regional or designated area.
Regards
Tony Coates
MARN 0635896
Nov 13th 2007, 12:32 am
#7
Retired
Joined: Apr 2004
Posts: 34,649
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Just to clarify my own post - SIR visas applied for before 01 September require the visa holder to live in a regional area in the same state or territory that sponsored them for the visa - likewise, Designated Area sponsored visa holders (496) must live in a designated area in the same State or Territory as their family sponsor.
Are you sure about that? The pre-September version of condition 8539 only mentions living in regional Australia, not necessarily the same area that sponsored. So SIR visa holders (495) do not seem to be restricted from moving to another regional area.
However you are right that condition 8549 imposed on the 496 visa is more restrictive.
Nov 13th 2007, 7:39 am
#8
BE Forum Addict
Joined: Nov 2003
Location: Cork, Ireland
Posts: 2,887
Re: CHANGING VISA TYPE FROM SIR TO ENS??
Tony
Are you sure about that? The pre-September version of condition 8539 only mentions living in regional Australia, not necessarily the same area that sponsored. So SIR visa holders (495) do not seem to be restricted from moving to another regional area.
However you are right that condition 8549 imposed on the 496 visa is more restrictive.
Are you sure about that? The pre-September version of condition 8539 only mentions living in regional Australia, not necessarily the same area that sponsored. So SIR visa holders (495) do not seem to be restricted from moving to another regional area.
However you are right that condition 8549 imposed on the 496 visa is more restrictive.
You are absolutely right - it is just the provisional (496) Designated area sponsored visa that used to have the "same state or territory" restriction" - so they are the ones that need to be sure as to what version of 8549 applies to their visa - SIR (495) can live in any Regional Area regardless of when they applied for their visa.
Thanks
Tony Coates
MARN 0635896
