Want to go PR but confused!
Aug 26th 2009, 12:37 am
#1
Forum Regular
Thread Starter
Joined: Jan 2009
Location: Alice Springs NT
Posts: 180
Want to go PR but confused!
Hi,
Just wondered if anyone out there could advise? I am currently in Australia on a 457 visa, i am a nurse. We (myself and hubby) really want to obtain a PR visa but after reading on the immi website i am completely confused.
Our situation is a little difficult as we gave up our jobs in may 06 to go traveling and did not work again until we arrived here in may 09. So although i have 11 years post reg experience i have not worked for 12 of the last 24 months.
I am not sure about going for the ENS visa or the RSMS 119/857 visas as I'm not really sure i want to be tied to the same employer for 2 years. Also i don't think i can apply for ENS anyway as the advice states
•have worked full-time in Australia 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 the visa application being made (including at least the last 12 months with the nominating employer)
•have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)
•have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
I do not fit into any of these catagocategories
In order to apply for a 175 visa i would need the 12 out of 24 months work thing which i now won't have until may (when i will have been here for a year) and by then i will have lost points for age (i turn 35 in Oct)
We had a wonderful 3 years traveling the world but i hope i don't end up regretregretting it
So can anyone advise me on where to go from here? Will i need to just suck it up until may when i will have the 12 months work experience? Will i need to be tied to one employer? As you can see i'm getting more and more confused!
Cheers Claire
Just wondered if anyone out there could advise? I am currently in Australia on a 457 visa, i am a nurse. We (myself and hubby) really want to obtain a PR visa but after reading on the immi website i am completely confused.
Our situation is a little difficult as we gave up our jobs in may 06 to go traveling and did not work again until we arrived here in may 09. So although i have 11 years post reg experience i have not worked for 12 of the last 24 months.
I am not sure about going for the ENS visa or the RSMS 119/857 visas as I'm not really sure i want to be tied to the same employer for 2 years. Also i don't think i can apply for ENS anyway as the advice states
•have worked full-time in Australia 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 the visa application being made (including at least the last 12 months with the nominating employer)
•have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)
•have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
I do not fit into any of these catagocategories
In order to apply for a 175 visa i would need the 12 out of 24 months work thing which i now won't have until may (when i will have been here for a year) and by then i will have lost points for age (i turn 35 in Oct)
We had a wonderful 3 years traveling the world but i hope i don't end up regretregretting it
So can anyone advise me on where to go from here? Will i need to just suck it up until may when i will have the 12 months work experience? Will i need to be tied to one employer? As you can see i'm getting more and more confused!
Cheers Claire
Aug 26th 2009, 1:45 am
#2
Retired
Joined: Apr 2004
Posts: 34,649
Re: Want to go PR but confused!
Hi,
Just wondered if anyone out there could advise? I am currently in Australia on a 457 visa, i am a nurse. We (myself and hubby) really want to obtain a PR visa but after reading on the immi website i am completely confused.
Our situation is a little difficult as we gave up our jobs in may 06 to go traveling and did not work again until we arrived here in may 09. So although i have 11 years post reg experience i have not worked for 12 of the last 24 months.
I am not sure about going for the ENS visa or the RSMS 119/857 visas as I'm not really sure i want to be tied to the same employer for 2 years. Also i don't think i can apply for ENS anyway as the advice states
•have worked full-time in Australia 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 the visa application being made (including at least the last 12 months with the nominating employer)
•have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)
•have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
Just wondered if anyone out there could advise? I am currently in Australia on a 457 visa, i am a nurse. We (myself and hubby) really want to obtain a PR visa but after reading on the immi website i am completely confused.
Our situation is a little difficult as we gave up our jobs in may 06 to go traveling and did not work again until we arrived here in may 09. So although i have 11 years post reg experience i have not worked for 12 of the last 24 months.
I am not sure about going for the ENS visa or the RSMS 119/857 visas as I'm not really sure i want to be tied to the same employer for 2 years. Also i don't think i can apply for ENS anyway as the advice states
•have worked full-time in Australia 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 the visa application being made (including at least the last 12 months with the nominating employer)
•have been nominated to fill a highly paid senior executive position with a salary of more than $165,000 per annum (excluding superannuation or allowances)
•have had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation immediately before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
Did you read booklet 5? There is discussion in there on what is meant by "exceptional circumstances".
http://www.immi.gov.au/allforms/booklets/1131.pdf
hint - look at the top of page 18, third paragraph.
Aug 26th 2009, 2:12 am
#3
Forum Regular
Thread Starter
Joined: Jan 2009
Location: Alice Springs NT
Posts: 180
Re: Want to go PR but confused!
Hi
Did you read booklet 5? There is discussion in there on what is meant by "exceptional circumstances".
http://www.immi.gov.au/allforms/booklets/1131.pdf
hint - look at the top of page 18, third paragraph.
Did you read booklet 5? There is discussion in there on what is meant by "exceptional circumstances".
http://www.immi.gov.au/allforms/booklets/1131.pdf
hint - look at the top of page 18, third paragraph.
So.....i can apply for an ENS now?? Would i be tied to my employer for a set period though??
Thanks for your help!
Claire
Aug 26th 2009, 5:25 am
#4
Reg. Migration Agent
Joined: Dec 2008
Location: Geelong, Australia
Posts: 205
Re: Want to go PR but confused!
I note that you are based in Alice Springs. As this is a Regional Part of Australia you can use the RSMS visa. The RSMS does not have the same conditions relating to recent work experience and as such you could apply now (as long as your sponsor was willing).
The RSMS only requires a 2 year commitment with the sponsoring employer where as the ENS is 3 years.
Feel free to contact me if you need further information.
Regards
Aug 26th 2009, 8:09 am
#5
BE Forum Addict
Joined: Jan 2006
Location: Perth, WA
Posts: 1,376
Re: Want to go PR but confused!
One very small point - hopefully someone can confirm or deny this.
I was under the impression that:
With an ENS visa even though the employer sponsors you, if you leave before the end of the allotted time period your visa CANNOT be cancelled because you didn't complete the time. [The employer won't like it and could commence action to get their costs back from you though].
With the RSMS visa, if you leave your employer before the allotted time has passed, your visa CAN be cancelled.
[I noted that Booklet 1131 talks about RSMS visa cancellation but not ENS].
Any info ?
I was under the impression that:
With an ENS visa even though the employer sponsors you, if you leave before the end of the allotted time period your visa CANNOT be cancelled because you didn't complete the time. [The employer won't like it and could commence action to get their costs back from you though].
With the RSMS visa, if you leave your employer before the allotted time has passed, your visa CAN be cancelled.
[I noted that Booklet 1131 talks about RSMS visa cancellation but not ENS].
Any info ?
Aug 29th 2009, 3:08 pm
#6
Retired
Joined: Apr 2004
Posts: 34,649
Re: Want to go PR but confused!
One very small point - hopefully someone can confirm or deny this.
I was under the impression that:
With an ENS visa even though the employer sponsors you, if you leave before the end of the allotted time period your visa CANNOT be cancelled because you didn't complete the time. [The employer won't like it and could commence action to get their costs back from you though].
With the RSMS visa, if you leave your employer before the allotted time has passed, your visa CAN be cancelled.
I was under the impression that:
With an ENS visa even though the employer sponsors you, if you leave before the end of the allotted time period your visa CANNOT be cancelled because you didn't complete the time. [The employer won't like it and could commence action to get their costs back from you though].
With the RSMS visa, if you leave your employer before the allotted time has passed, your visa CAN be cancelled.
That is correct. The statutory cancellation provisions on RSMS do not apply to ENS. Barring visa fraud (such as never taking up the sponsored position), ENS cannot be cancelled if you leave within 3 years.
And it is also worth being aware that:
- ENS is available in regional areas. RSMS is optional not mandatory, where it is available.
- In some instances, ENS is simpler than RSMS. The reason for this is that you do not need agreement from a regional body, who have the right to set their own rules and policies (in addition to those of DIAC).
