agathi

Hi,

I got my 457 Visa a month ago. I am planning to apply under the ENS scheme and my employer has agreed to sponsor me.

From going to the forms on the immigration website, its clear that i have to get my qualification assessed and i am confident that my qualification assessment will come through successfully.

What i am worried is the 3 year post-qualification experience? Is that mandatory.

Say my qualification assessment come through successfully, will that be enough to lodge my application?

Cheers,
agathi

ptlabs

You don't have to get your skills assessed. It's one option to meet the ENS employee criteria.

http://www.immi.gov.au/skilled/skill...y-employee.htm


Peter

welshtony

There are many requirements to lodge a successful ENS application so lets assume your employer can get the Emloyer Nomination approved with the occupation being on ENSOL that meets minimim salary levels, minimum 3 year contract etc.

For your visa, as well as needing your Skills assessed by the relevant assessing body, as your salary (A$50K) is way short for waiver as a Senior Executive and you have only just recently arrived in Australia, you will also need 3 years experience in the nominated occupation - Unless Exceptional Circumstances .

Exceptional Circumstances exist if you or your employer can demonstrate that the nominated position is so unusually or highly specialised that it is unlikely that a suitable person with 3 years experience could be found to fill the position.

This sound daunting but, in practice, may not be such a problem, especially if the nominated occupation is on MODL as this "will give significant support to .... claims that exceptional circumstances exist." Some processing offices might just blindly approve as exceptional, on the basis of being on MODL. You should get advice from an Agent who deals with these cases on-shore regularly - unlike me - I can only tell you what should go on according to the law and policy, not what is actually going on with each individual processing office.

Regards


Tony Coates
MARN 0635896

mbike

It all depends on what job you do. If you don't have 3 years post-qual experience, your occupation would need to be on the MODL or your nominating employer would need to claim exceptional circumstances in q21 on form 785. See pages 1-2 of that form or booklet 5, page 13 for more information

Good Luck

Mark

welshtony

Hi Mark

I am not sure if you are looking at the current versions of the form and or booklet as there can sometimes be misleading statements on these.

Just to clarify, for waiver of 3 years experience requirement the position must be considered Exceptional period. In considering whether a position is exceptional, being on MODL is a consideration and is significant support. The old ENS policy was like you say - more on the lines of MODL or exceptional or MODL = Exceptional but this is not the current policy. As I said before, some offices may be assessing MODL = Exceptional and your statement is closert to what is going on in practice, nevertheless, at the risk of sounding pedantic, I am stating the legal position.

Regards


Tony Coates
MARN 0635896

agathi

Thank you all for the reply. Just to clarify my position, my occuption is in the the ENSOL list. Will that be enough to claim an exceptional circumstance?

JAJ

In itself, unlikely unless special circumstances apply. If job is on MODL then chances may be higher. Get professional assistance.

mbike

Hi Tony,

Thanks for clearing that up. I hope I didn't mislead anyone unneccesarily. I was reading the booklets and forms from our own application which we started in the middle of last year! I guess my misreading was based on the phrase on the 785 which says "...other considerations are..." which is a bit ambiguous and the paragraph in booklet 5 which states "The 3-year post-qualification may be considered exceptional and be waived where the occupation being nominated is on the Migration Occupations in Demand List (MODL)

As you and JAJ both say, it's best to talk to a professional.


Mark