WacandJill

Hi again.
Just a recap of our situation - We have been granted our 457 visas, and for obvious reasons dont like them, as we want something more permanent if possible.
Our agent has suggested we try for ENS, which would then mean that we are permanent residents.
Main applicant is 45. we would have to meet the special requirements etc., which Agent said could possibly be waived.
Paul is a fabricator/welder/plater having over 25 years experience, being a foreman on the power stations in the UK. I think he would be classed as boilermaker in Aus.
The Company who sponsored us for the 457 have said they will not sponsor for ENS, as they would lose control - how nice.

My question is - Is the ENS the best visa for us now to apply for. I have read about RSMS, which would mean we had to live in certain areas, whereas the ENS we could live anywhere.
I think we should approach other companies now and ask if anyone is prepared to sponsor us for permanent residency, but need to be certain as to which visa we need to apply for.
Am i right in thinking that because we are over 45 then we need a company to sponsor us, as opposed to going it alone.

Any advice would be greatly appreciated, as usual.

welshtony

Hi W&J

I think you have it all sussed at this stage. With such a shortage in his trade and being just over 45, I would rate your chances of a waiver of the age limit as very high.

Tony

WacandJill

Thanks Tony.
I was hoping you would read my message, as you have been very helpful in the past.
I just didnt want to go along the route of asking for sponsors for ENS and then find out that there was a better one for us. As when we applied for the 457 we thought this was the only one available for folks as old as us !

cheers, JILL

JAJ

ENS is the right visa but if "control" is the first thing on an employer's agenda then they may not be the right people to work for.

RSMS is an alternative as long as the job is not in the Sydney (plus Newcastle/Wollongong), Melbourne, Perth and Brisbane (plus Gold/Sunshine Coast) areas.

RSMS does give the employer more security as you legally have to make a 'genuine effort' to complete 2 years in the job, or the visa can be cancelled.

You can't apply for any general skilled visa now you are aged 45+.

Jeremy

WacandJill

Is the RSMS visa easier to obtain?
I take it the ENS would be the best one to go for?

With regard to "CONTROL" - The company for our 457 stated - "will not sponsor you under the ENS as our responsibility and liability become non existant once your ENS has been approved. From a business point of view the viability of sponsoring you and then relinquishing responsibility, is not an option"

I feel that they want to control us. After all, we will be paying for the ENS application as well as medicals etc., etc., As I understand it they only have to complete a form?

I am quite worried about going out there on the 457, as they can cancel it at any time. Even if we give them 20 years service, when we retire, we will have to leave the country!

JAJ

ENS is a better visa for the employee as it doesn't have the cancellation provisions that RSMS has.

But the RSMS cancellation provisions are not as much of a problem as they look. It's still a permanent visa. As long as you make a genuine effort to stay with your employer for 2 years you are ok. If you're laid off, for example, you are a free agent and can live anywhere in Australia. Same applies after you've done the 2 years.

RSMS is usually easier to obtain than ENS, but there are exceptions to the rule.

Correct. Work for them for 20 years on a 457, and as soon as they don't need you it's back home.

You've found one employer from overseas that was keen to hire you, maybe it's time to see if you can find another one. Especially if you haven't yet resigned from your job in the UK.

Of course, if you turn around and tell your existing prospective employer the answer is a NO as they won't sponsor for PR, then their view might change but don't count on it.



Jeremy

WacandJill

I want to tell the 457 sponsoring company, who wont sponsor us for ENS to get lost (putting it politely), but otherhalf feels its better than nothing, at least we can get out there, and then start looking for something else. Also we dont want to upset them yet, as they can cancel our sponsorship even before we get on the plane. Its so much out of control for us,everything seems to be on their side with the 457.

I have the Western Australia newspaper in my hand as I speak, and am emailing as many companies as possible to see if any are interested in sponsoring for the ENS. Dont really hold much hope, perhaps we would have more luck with knocking on a few doors in person.

Thanks for advice, very helpful as usual