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kittyb
1st February 2011, 03:06 AM
Hello
I was here in late 2010 having an 856/121 nomination refused from my previous employer, a recruitment agency supplying kitchen staff throughout Perth. DIAC thought she was not a suitable employer.

I have now moved onto a larger company, a restaurant group with 3 seafood restaurants in Perth. They already have a visa holder in one of the other restaurants, so I know they're a 'suitable employer" and their nomination will be accepted.

They've had such a hard time accessing high calibre staff, apparently, that they've already agreed to submit an 856 sponsorship attempt.

HOWEVER (there's always one of those howevers, it seems!) as an ex international student, I have no hope of having the required work experience (3 yrs) as to gain that experience I would have had to break my student visa work restriction and as a result will have to apply for exceptional circumstances on the experience criterion (I fulfil all the others). I now fall outside of the 6 month grace period after qualification where some leeway was granted. I've been advised that this will result in my application being high risk and a 457 is a better route.

My question: HOW high risk in the collective experience of contributors to this forum would this be? Sheelagh answered my previous thread (thanks for that Sheelagh). I can't see the advantage in going on a 457 and remaining a temporary resident til im 44, which is cutting it a bit close to cut off ages, etc.

It seems that no matter what I do they won't accept me; and I'm not a bad cook, my body of experience in growing and my employers are impressed.

kittyb
1st February 2011, 03:14 AM
Just as a footnote, I am training two Australian apprentices right now in entry level skills; could this be an advantage??

kittyb
8th February 2011, 03:39 AM
quiet around here these days!

Sheelagh Blanckenberg
10th February 2011, 04:27 PM
Hi kittyb

Welcome back to the forum although sorry to see that your situation still has not been resolved.

Yes, the forum has been quiet! Perhaps because one of the main chatterboxes (me) has just heroically or foolhardedly (depending on who you ask) backpacked for 2+ months around India. I'm still catching my breath!!

On to your question!

Your question about how high risk an ENS application would be is not answerable on a forum like this. Anyone providing such advice would need to know a heck of a lot more about your situation than what you have already provided.

To generalise. Yes, there is certain leeway given to international students who have studied in Australia and who are not able to demonstrate the '3 years work experience' usually required for a successful ENS application. And yes, an application from such a student should be made within 6 months of the student completing their relevant course of study in Australia (note 'should' not 'must').

But, and there is always a but. This is a 'policy' decision not a legal one. So yes, perhaps a successful application could be made outside of this 6 month requirement. It would depend on the circumstances. I have never argued such a case on behalf of an international student so cannot add anything more on the likely risks.

Please also be mindful that ALL ENS applicants have the ability to ask for a waiver of the work experience requirement if they do not have the requisite 3 years. The waiver granted to international students in Australia is, if you like, just a subset of the general waiver under what is called 'exceptional circumstances'.

So you see, dependant on your circumstances, and the degree of support and evidence of their need for you from a nominating employer, an ENS application may still have a chance of success.

Cheers

Sheelagh

kittyb
25th February 2011, 04:45 AM
hallo again sheelagh

congratulations on that trip, sounds fabulous!

yes, i realise is a rather complex question to ask and not easily answerable.
ive decided to go on the 457 visa for now, and then get a skills assessment from TRA and then apply for the 856 exceptional circumstances.

seems cooking is a bit in crisis at the moment. my employers are really good employers and they couldnt fill a key kitchen brigade with australians; three of their key staff are either british or canadian. one of them (me) in charge of apprentices and not really that experienced myself, merely qualified and old enough to have a bit of common sense.

theyve struggled to get and retain staff. granted, the place is much busier than anticipated, but having had a run of bad employers previously (other than my rec consultant boss) i cant believe how theyre struggling. theyre all about retention and treat staff well. last week we were given a 200 buck bonus because we have worked our arses off during the unexpected volume of trade in the first five weeks of operation. we have been given two free staff parties, they do their best to accommodate times off, and generally behave better than hospitality employers generally.... and they still cant get the staff from the local workforce.

even as someone with only a year or so experience full time and a cert III, if i left, they would be screwed. they do have a genuine and pressing need for their foreign staff.