Hello ENS, 2 questions really

1 - we are on student visa sub 572 finished actually just waiting for cert to apply for TRA etc. - are we eligible for ENS hubby cert 3 cabinet maker - currently working in field.

2. would we be tied to the same employer for 3 years ?? and they to us etc. have read the booklets etc and just wanted to make sure

thanks
The Gap:

hi, just reading your thread and haven't really been aware of the ens route. We r also on a 572, wife finishes 2-yr studies this december as a pastry cook and wonder now if she would quality for this visa. She has been working for the same employer for 15months and also just in the stage of lodging our application for tra assessment...

Good luck to you, I hope you get a few responses..

yeh give it a look cant hurt - if we dont try ens then we wait like the rest for an 886 (yep that one), we work for quite a large company does your wife? - just a bit confusing when reading the booklets DIAC speak - think you might have to have a contract that states you will be employed by them for at least 3 years and that kind of committment puts employers and employees off good luck to you too its been a long road and the lights have just changed to red havent they

Check the ENSOL list on the immigration website. Your occupation has to be listed to qualify for ENS.

yes it does its more the visa number that we cant figure out its not very clear or the length of time you have to stay with the sponsoring employer

If you go through ENS and you are here in Australia then it is an on-shore application and it is an 856 visa.

If you are applying off-shore then it is a 121 visa.

When we applied for our 856 visa it took 3 months from application to visa grant, but we were converting from a 457.

Hope that helps.

Antney

The job has to be permanent and available for 3 years at time of visa award. Thereafter, once you have the visa and commence the job you have no legal obligation to stay with the employer, moral obligation is up to you and them. Provided the visa was not obtained under fraudulent circumstances ( collusion between you and employer when applying for visa where neither had any intention of honouring the 3 year situation for instance) then you can leave and work elsewhere. Probably not good idea to leave immediately, but I left after 5 months, repaid cost of visa to employer and had no problems since. Likewise the employer has no obligation to keep you employed for 3 years if their circumstances change.
As my visa says; permanent, no restrictions.

thats what i wanted to know thanks for that, it was a big help , its i just thought 3 years was gonna be a long time to be tied in to 1 employer

thanks again

Hello Guys,
There are a few ways to qualify for an ENS:
1. If you have been working for the sponsoring Employer on a SC457 for more than 1 year and been in Australian on a SC457 for more than 2 years.

2. If you are earning more than $165,000 per annum.

3. If you have your skills assessed and have been working in your nominated occupation for the 3 years before lodging the application (unless exceptional circumstance apply). For exceptional circumstances to apply in these cases, the applicant and/or employer will need to demonstrate that the nominated position is so unusual or highly specialised that it is unlikely a suitable person with at least three years work experience could be found to fill the vacancy.

It is possible that you could make a claim for Exceptional Circumstance.

Ofcourse all of the above relies on being sponsored by an Employer!

Feel free to contact me if you need further assistance.

Regards

Those in Australia can also apply for 121 - the 856 route suits most onshore applicants but is not mandatory.