Dan Mook Moore

Hi guys

Am on a sponsored E457, I have been told contradicting statements that I have to wait for 2 years before I can apply for Perm Residence by my employer and by a third party agency that I can apply now. Can someone confirm which is correct please.

Also my girlfriend is also has an E457 through myself, would she be able to go onto my Perm application or would she have to apply herself separately?

I think I would prefer not to go through my employer in order to apply for Perm Residence as I am locked into a contract with them for a number of years like an E457(is this correct also??)

Thanks in advance for the info

gavcol

Hi,

I was in a very similar situation to you. I was sponsored on a 457 and my girl friend was defacto on me.

My company did my ENS PR before my 2 years with the company were complete. They did this for me as they said I was good to them and they were returning the favour etc....... Because I applied before I was with the company 2 years, I needed to complete a skills assessment. I beieve that this is not necessary if you are with the company greater than 2 years.

The ENS process is alot quicker than going for independent PR.... once I had my employer nomination, skills assessment, and all docs forms complete it only took a couple of weeks to come back. My girlfriend was submitted as part of my application (defacto) and didnt need to do her own application.

To be honest the hardest part of the application was the skills assessment. Everything else was just a bit time consuming (e.g. - getting police checks, references, etc..).

With the ENS PR, I believe that you are under an 'informal' agreement to work with the sponsoring company for 3 years. However, Ive talked to various migration agents and this is more of an agreement of goodwill. I dont think that they can revoke your visa once you have it. The only way they can do this is to prove that you mislead them in a court of law (fraud). I dont think there have been many cases of this. Indeed, I have heard of people leaving their jobs as soon as they get their visa and nothing has happened to them.

Good luck! Hope that helps....
G

Gems

Yes, you can apply for ENS anytime you like if company willing to sponsor you.
If you company is willing to do it early, I strongly suggest you go for it.
With immigration cuts this year, you would be foolish to wait out 2 years if employer is willing to do ENS now.

Gems

SD_MOA

Hello Dan,
You do not need to wait 2 years to apply for PR. You have a number of options available to you:
Your company could sponsor you for an ENS visa now but you would either need to have your skills assessed or be earning > 165,000 per annum.
With this visa you would be required to work for your sponsor for 3 years.

You could choose to apply independently now - for this you would need to have your skills assessed and meet all the other requirements (age etc). You can have this application running in the background while you continue on your 457 visa. In this way you would not need to commit to your employer for the next 3 years.

Feel free to PM me if you would like more advice.

Regards

gavcol

Hi Stephen,

Are you saying that you are legally obliged to stay with your employer for 3 years after you get PR? From my understanding they just need to prove that they will have a job for you for 3 years; however, they can not revoke your visa once you have it if you decide to leave.

Can you clarify on this if you dont mind?

Thanks

Dan Mook Moore

Thanks for the info .... Would you recommed doing this via an Agent or simply by my company? Does anyone know roughly what cost are involved?

Regards

upyerfud

I'm surprised a registered agent is saying this. It's not the case, you are required to start the job with the sponsor. Thereafter you can leave before 3 years without fear of your visa being withdrawn. As it says on my visa label : permanent, no restrictions . Having said that you might not wan't to leave the day after getting the visa as DIAC may well see that as fraudulent. . Working for a few months then leaving as you have received a better offer etc will not not be a problem

Correct, after you start the job.

gavcol

"I'm surprised a registered agent is saying this."

Me too.... strange...

jglouw22

Hi All,

Im in a serious predicament....i came thru on my now Ex-Girlfriends Visa (457). We are obviously not together anymore and immigration knows this as i have informed them. They said that the next step was now.... i shall receive a letter from immigration basically giving me 28days in which to leave Australia or apply individually.

Now im posed with a big problem in that i am not "Skilled". I work for a truck tyre company...started as a fitter but am now in the office basically 2IC. I do all the invoicing, running of the mobile trucks, sales, handle all stock, deal with customers and also maintain all the computer equipment here as that believe it or not is actually what i spent most of my career doing. So basically i do a bit of everything within the company. I have been with the company for 6 months now.

They have offered to gladly sponsor me as they do not want me to leave and will do anything to keep me. My problem lies in the fact that i have no qualifications and therefore my application will be denied. I have spoken to immigration, migrant agents, lawyers and other various people...they all come to the same conclusion...i'l be denied. This sux as my whole family is here and are the main reason i came to Australia. I cant come in as a remaining relative as my mother is actually my Step and my biological mother is stiall alive in South Africa. The only way i can come over through my family would be my sister who turns 18 in 2 years time and by that stage will have the relevant tax returns etc....

Now a friend of mine has told me about this ENS visa and im desperatley looking into it to see whether i can come in on that. As i stated, my employer will literally do anything to keep me. What are my options???? Im surprised i havent received the dreaded letter yet and am pretty sure it is just around the corner. Im stressing big time as time is of the essence and Australia is where i want to be. Please help.

Thank you in advance for your advice

Jason

Bermudashorts

The ENS visa is harder to get than a 457 visa I am afraid. It is only available if you are in an occupation on the SOL / ENSOL and you would have to have a skills assessment. There is a wider range of occupations available for 457 sponsorship, see "specification of occupations" in the below link. You would need to show that you have the

http://www.immi.gov.au/skilled/skill...nomination.htm

However it seems like you have already looked into this with professional people so sorry to say it but you do not seem to have many options.

Did not understand the comment about your sister at all?

jglouw22

Thanks for your reply...

As i understand it with the ENS visa i have to conform to 1 of 3 stipulations:
either have worked for the company willing to sponsor you for at least 2 years OR

I must earn a salary of $165 000 per annum excluding super etc... for a 3 year period with possibility of extension OR

Have my skills assessed.

Obviously there are a few other stipulations but i can cover all of those, and my employer has agreed to pay the salary required.

As i stated, to my understanding, i just need to conform to 1 of those 3?? Yes/No? If i can earn that salary i dont need my skills assessed. My job falls under the ENSOL/SOL list...kinda, but that isnt hard to fix.

What i meant with my sister was that she can sponsor me in 2 years time when she turns 18 as she will have the required 2 years Tax returns, have a stable job etc.... and she is blood family.

jglouw22

This is what i meant......

Employee Eligibility for the Nominated Skilled Position
1.The main applicant must demonstrate they have the required skills (personal, employment experience, educational) for the nominated position.
2.The main applicant must meet one of the following criteria:

i.Have worked full time in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to application for ENS, with at least one year with the nominating employer; or

ii.The nominated position is highly paid, being over $165,000 gross per annum; or

iii.Have their skills assessed as being suitable, by the relevant assessing authority, with at least three years full-time work experience in the nominated occupation immediately before visa lodgement.

3.Must have an offer of employment form the employer.
4.For the onshore visa, Subclass 857, the applicant must be have been on an existing substantive visa of a specified kind.
5.Be under 45 years of age, unless there are exceptional circumstances.
6.The main applicant must have vocational level English, unless there are exceptional circumstances.
7.Applicant must meet any mandatory licensing, registration or professional membership requirements.
8.All applicants must meet health, character, public interest and special return criteria.
9.The nominated appointment of employer must have been approved at the time of the decision.
10.An Assurance of Support (AOS) may be requested by DIAC.