ENS Restrictions
Jan 19th 2010, 8:49 am
#1
Just Joined
Thread Starter
Joined: Jan 2010
Posts: 3
ENS Restrictions
I am really hoping somebody can help me with my dilemma. Our pr visa is all ready to be submitted to the DIAC with the ENS. all documents are in date including medical and police checks etc.
I recently found out I’m pregnant and Myself and my husband have decided to stay at home till the baby is born and then fly over to Australia. I understand that I will have to visit Australia within a year of my police checks and am happy to do so for a little holiday to activate all my paperwork.
My husband has negotiated a new start date with his company. My agent has said that he has to start working with his company within 6 months of the ENS being approved. I thought the time restrictions were around the visa application and not around when my husband actually starts his new job. Is this correct?
Any help would be greatly appreciated
I recently found out I’m pregnant and Myself and my husband have decided to stay at home till the baby is born and then fly over to Australia. I understand that I will have to visit Australia within a year of my police checks and am happy to do so for a little holiday to activate all my paperwork.
My husband has negotiated a new start date with his company. My agent has said that he has to start working with his company within 6 months of the ENS being approved. I thought the time restrictions were around the visa application and not around when my husband actually starts his new job. Is this correct?
Any help would be greatly appreciated
Jan 19th 2010, 10:09 am
#2
Lost in BE Cyberspace
Joined: Feb 2009
Location: UK
Posts: 14,284
Re: ENS Restrictions
I am really hoping somebody can help me with my dilemma. Our pr visa is all ready to be submitted to the DIAC with the ENS. all documents are in date including medical and police checks etc.
I recently found out I’m pregnant and Myself and my husband have decided to stay at home till the baby is born and then fly over to Australia. I understand that I will have to visit Australia within a year of my police checks and am happy to do so for a little holiday to activate all my paperwork.
My husband has negotiated a new start date with his company. My agent has said that he has to start working with his company within 6 months of the ENS being approved. I thought the time restrictions were around the visa application and not around when my husband actually starts his new job. Is this correct?
Any help would be greatly appreciated
I recently found out I’m pregnant and Myself and my husband have decided to stay at home till the baby is born and then fly over to Australia. I understand that I will have to visit Australia within a year of my police checks and am happy to do so for a little holiday to activate all my paperwork.
My husband has negotiated a new start date with his company. My agent has said that he has to start working with his company within 6 months of the ENS being approved. I thought the time restrictions were around the visa application and not around when my husband actually starts his new job. Is this correct?
Any help would be greatly appreciated
Concerning the entering Australia within a year, this is generally true on a 175/6 visa. But the ENS could be different.
Jan 19th 2010, 10:46 am
#3
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Joined: Jan 2010
Posts: 3
Re: ENS Restrictions
I have just had a read around and I don't see anything that says husband must start work within six months of getting the visa. Only that the employer nomination lasts six months. So, assuming I have not overlooked something about starting work (and I could well have) I am wondering if you are not mixing up some employment contract matters and some visa matters. Perhaps the employer wants husband to start work within that time frame and that is the companies condition of offering sponsorship! Not many companies keep positions open for a year and I think you are asking a bit much too assume that you can start work whenever you want after a company has been good enough to provide sponsorship.
Concerning the entering Australia within a year, this is generally true on a 175/6 visa. But the ENS could be different.
Concerning the entering Australia within a year, this is generally true on a 175/6 visa. But the ENS could be different.
Jan 19th 2010, 1:57 pm
#4
Banned
Joined: Oct 2009
Posts: 547
Re: ENS Restrictions
If the company in question has already lodged their application and had the nominated position approved, the visa application needs to be submitted within six months.
Once that is done and visa is approved, there'll be the normal latest entry date which is usually based on 12 months from the date of the medical examinations. If you can stretch the application lodgement out to babys birth that might be best to have the baby added as a secondary applicant along with yourself otherwise it'll mean doing a separate child visa.
You can add a secondary applicant while a visa is being processed and an ENS will likely be processed fairly quickly, but not once the visa has been granted.
There is no requirement stated on the DISC website re commencing work within six months of visa being issued though that does not mean there isn't and agents have access to Procedural Aministrative Manuals which do have more detail.
It could also be that the agent has made reference to what is stated for RSMS visas, ie.
Once that is done and visa is approved, there'll be the normal latest entry date which is usually based on 12 months from the date of the medical examinations. If you can stretch the application lodgement out to babys birth that might be best to have the baby added as a secondary applicant along with yourself otherwise it'll mean doing a separate child visa.
You can add a secondary applicant while a visa is being processed and an ENS will likely be processed fairly quickly, but not once the visa has been granted.
There is no requirement stated on the DISC website re commencing work within six months of visa being issued though that does not mean there isn't and agents have access to Procedural Aministrative Manuals which do have more detail.
It could also be that the agent has made reference to what is stated for RSMS visas, ie.
DECLARATION
This declaration must be signed by the main applicant.
• I understand that if I apply under the RSMS, my visa may be cancelled
if I do not commence employment with my nominated employer within
6 months of arriving in Australia, or 6 months after my visa is granted
in Australia, or if I leave my position within 2 years of commencement
of my employment with my nominated employer.
• I understand that if I am applying under ENS then I am agreeing to
take up the position for at least 3 years.
This declaration must be signed by the main applicant.
• I understand that if I apply under the RSMS, my visa may be cancelled
if I do not commence employment with my nominated employer within
6 months of arriving in Australia, or 6 months after my visa is granted
in Australia, or if I leave my position within 2 years of commencement
of my employment with my nominated employer.
• I understand that if I am applying under ENS then I am agreeing to
take up the position for at least 3 years.
Jan 19th 2010, 4:51 pm
#5
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Joined: Jan 2010
Posts: 3
Re: ENS Restrictions
If the company in question has already lodged their application and had the nominated position approved, the visa application needs to be submitted within six months.
Once that is done and visa is approved, there'll be the normal latest entry date which is usually based on 12 months from the date of the medical examinations. If you can stretch the application lodgement out to babys birth that might be best to have the baby added as a secondary applicant along with yourself otherwise it'll mean doing a separate child visa.
You can add a secondary applicant while a visa is being processed and an ENS will likely be processed fairly quickly, but not once the visa has been granted.
There is no requirement stated on the DISC website re commencing work within six months of visa being issued though that does not mean there isn't and agents have access to Procedural Aministrative Manuals which do have more detail.
It could also be that the agent has made reference to what is stated for RSMS visas, ie.
Once that is done and visa is approved, there'll be the normal latest entry date which is usually based on 12 months from the date of the medical examinations. If you can stretch the application lodgement out to babys birth that might be best to have the baby added as a secondary applicant along with yourself otherwise it'll mean doing a separate child visa.
You can add a secondary applicant while a visa is being processed and an ENS will likely be processed fairly quickly, but not once the visa has been granted.
There is no requirement stated on the DISC website re commencing work within six months of visa being issued though that does not mean there isn't and agents have access to Procedural Aministrative Manuals which do have more detail.
It could also be that the agent has made reference to what is stated for RSMS visas, ie.
Jan 19th 2010, 8:58 pm
#6
Banned
Joined: Oct 2009
Posts: 547
Re: ENS Restrictions
Thank you Ozwanderer, it might be best we move over as soon as the visa is granted and have the baby in australia, which brings up a whole new dilemma, having a baby in australia with no local private health insurance... sugar! I have working on the visa for months, i have no idea where to start with this new dilemma
www.iselect.com.au will allow comparisons and one of the smaller customer friendly ones about is www.australianunity.com.au to try your luck.
What country are you from for if the UK or another country that has reciprocal health rights with Australia, you'll be covered by Medicare for the birth in a public hospital and they're what most mothers in Australia have used and not so bad.
If your husbands sponsor is prepared to wait and you've already had your medicals and time becomes an issue, then it could mean the costs of new medicals and police check etc.
The worst case scenarion though would be the employer having a change of circumstances and withdrawing the sponsorship.
Jan 20th 2010, 1:18 am
#7
Retired
Joined: Apr 2004
Posts: 34,649
Re: ENS Restrictions
Thank you for your message, I really appreciate any input. I haven't made any assumptions, the company has agreed to the later starting date (my husband worked for them before and they believe he is worth waiting for). The issue I have is with the visa and not the employment contract.
Do bear in mind that the sponsorship can be withdrawn anytime before the visa is validated, and visa could be cancelled. Also, first entry date condition must be respected.
