Ens

[Calvin]

Can anyone Let me know what the current time frame is for the ENS migration scheme?
And what is the rejection ratio?

[Sheelagh Blanckenberg]

Fully complete and well documented ENS applications are being turned around very quickly - in some cases within a week. In WA DIAC are quoting a 3 month processing time but applications are being decided much sooner than that.

I do not have the exact rejection ratio but my understanding from my time in DIAC as well as recent conversations with officers the rejection rate is very low.

[Calvin]

Thanks,
But i just got to understand from a friend that who has put in their application last month that it now that it takes over 3 months. As the Department has been inundated with applications of ENS. Can you confirm that please.

[Susan Wareham McGrath]

Hi Calvin

Decision ready ENS applications are now being assessed very quickly, as Sheelagh has advised above.

As you'd be aware, every case is different and without knowing the specifics of a matter, it is only possible to make general comments. There might be something about your friend's application that has extended its processing time, or perhaps the advice your friend passed on to you reflected advice they received from DIAC before last Wednesday when the latest processing priorities were introduced.

Best regards
Susan

[Ronaldo]

Hi,

I have recently applied for a ENS visa(about a month and a half ago) and the case officer working on the nomination processed has requested some more documents from the company.

The documents have already been sent about 2 weeks ago and we have not heard anything from them since then, is it a good or a bad sign?

They usually give us 28 days to gather the required documents and submit to the department but it took me less than a week to put together the 2 documents he requested, does it mean he will wait for the 28 days deadline to expire so he can pick up my documents to look into again?

Thanks in advance

[Sheelagh Blanckenberg]

Hi Ronaldo

Welcome to the Migration Help forum.

Without knowing anything about the application or what documents have been requested it is difficult to give you a definitive answer but at this stage I would not be reading too much into the two week wait since the company submitted the documents. There could be any number of reasons why DIAC have not yet responded.

The 28 days is just there as a timeline for an applicant to submit information. It has no bearing on when the case officer looks at the file in light of the new information. They can do this the day the information is received if they wish or at a later date when it is convenient for them to do so.

Case officers also have an informal queue system in relation to active cases they are handling - slotting new information received on open cases into the processing queue of new cases. To which do they give priority? New information on an old case or a brand new application? It can be quite a juggling act for a CO and is one reason why putting in a fully complete application at time of lodgement saves a lot of time for everyone and is really appreciated by DIAC officers.

On another note, take comfort from the fact that ENS applications are receiving high priority so all being well you should have a response fairly soon.

As a matter of interest for all would you mind letting us know when you do get a response?

Thanks
Sheelagh

[Ronaldo]

Hi Sheelagh,

Thanks for you answer.

I have just received an answer from the CO notifying that the nomination has been approved.

I was also informed that the nominee's visa application has yet to be allocated to an assessing officer within 3-4 weeks but he also pointed out that the service standards for ENS visas is:

5 months for ETA eligible passport holders; and
7 months for non-ETA eligible passport holder

As I come from a non-ETA country(Brazil), does it mean my application may take 7 more months even now that I have the nomination approved?

Thanks in advance.

[Sheelagh Blanckenberg]

Hi Ronaldo

Good to hear the nomination has been approved.

From the service standards you have been quoted, as a non-ETA holder, you may well be in for a 7 month wait after you have been allocated a case officer.

Dont forget though that the times quoted are averages. Applications for positions with occupations in demand will be processed much faster than occupations which are not. Fully complete applications will be processed faster than those missing documents or which need clarification.

Once again not knowing anything about the position you are applying for, or the completeness of your application, I cannot really comment further on your particular circumstances.

What I can say is that the service standards quoted seem extraordinarly long. But then I understand both Sydney processing centres are under huge capacity restraints at the moment which, if true and if not addressed,will continue to mean slow processing. The Minister will not like to hear this as all employer sponsored applications have priority over every other type of application.

Let me see if I can find out more information on what is happening in Sydney and get back to you.

Kind regards
Sheelagh

[Ronaldo]

Hi Sheelagh,

Once more thanks for your answer.

My situation starting to get a little uncomfortable and annoying at the same time.

I have currently two different application ongoing, a Skilled Migration subclass 175 which I applied for back in june 2008 and I already have a case officer on the case but nothing has been done since his last contact back in march 2009.

Because of this slowness I was force to apply for a ENS visa as my previous 457 visa was about to expire. As my Skilled Migration application was a off shore one, I was not entitled to a bridging visa and I would need to leave the country in case my current visa had expired.

I am applying for an IT position, I have MODL and I am qualified for the CSL list but nonetheless the process is getting absurdly slow after the priority changes.

I applied for both visas on my own and I have friends that used a immigration agent for their visas and they have already been granted it because they agent could be more close to the case and talk straight to the case officer and find out more details about the status process.

Any advice?

Thank you

[Sheelagh Blanckenberg]

Hi Ronaldo

I can understand your frustration.

With an occupation on the CSL and MODL I am surprised you have not heard anything as yet from either application.

My advice would be to contact your CO in the ASPC to find out what is happening and when you are likely to receive a decision on your s/c175 application. Point out your nominated occupation is on the CSL.

It is also worth a shot contacting the processing centre handling your ENS application to find out whether the processing times are the same, bearing in mind that employer-sponsored applications are meant to be prioritised above all others. Again point out that your nominated occupation is on the CSL.

In Perth fully complete ENS applications with nominations on the CSL are taking less than a week to be processed and finalised.

Bear in mind though that DIAC do undertake specific and well as random security checking of applications (via ASIO). Yours may unfortunately be one of those. This process can sometimes take from several weeks to over a year or more depending on the applicant's background, immigration history, etc etc). The speed by which this is done is out of DIAC's hands.

And yes, in my opinion, using an experienced, competent agent can help speed up the process as he or she knows exactly what DIAC are after and therefore can be proactive in handling a client's application eg actively managing the process from beginning to end, providing the right documentation up front, knowing who to contact if problems develop etc etc.

Kind regards
Sheelagh

[Ronaldo]

Hi Sheelagh,

I would like to very much thank you for all the attention given to make questions and my case and I would like to gladly let you know that my ENS visa has just been granted.

It was an exactly 3 months process from the application date to the approval date.

I applied for the nomination and the visa all together and I had only extra documents requested to support the nomination, no extra documents were requested to support my application for the respective position.

I only have a question for you regarding the ENS visa. Now that it was granted, am I considered a Permanent Resident just like I would be if my 175 visa process had come through?

I mean, I was concerned that with all this financial crises, if the company I work for suddenly decided to sack me then I would need to return to my country, is that the case now that I have this visa granted?

Does the ENS visa bind me to the company in a way that if they, for any reason, decide to finish my employment then I will see myself in a position where I need to return to my country?

Also, does this visa give me the right to move on and find a new job if I want to in the future?

Once more thank you very much for all the attention given.

[Sheelagh Blanckenberg]

Hi Ronaldo

Congratulations! Wonderful news -I am very happy for you.

Yup, you are now a permanent resident (PR) of Australia just like you were aiming for when you lodged the s/c175 visa application - the ENS is just another route one can take to get PR.

So if the company you are working for have to lay you off for any reason you do not need to leave Australia, and you do not need to quickly find another employer to sponsor you!

You are not legally tied to the company in any way!

If you decided to resign tomorrow to go back to Brazil or move to Perth to work :) then you have the same right to do so as any Australian. (There may of course be a moral obligation on your behalf perhaps to stay working with the company who sponsored you, but that is entirely your decision and your judgement call).

Basically you can now do as you please!!

What I will point out however is the following:

Australia's visa system is a little different to other countries in that what we refer to as a visa actually encompasses the following rights:

1. The right to abode
2. The right to work
3. The right to enter Australia

You now have a permanent visa which grants you all three rights.

The third one, the right to enter Australia, is however only valid for 5 years.

If you do not become a citizen of Australia before this 5 year period expires and you wish to travel in and out of Australia you will need to apply for what is called a resident return visa (RRV) which will extend your right to enter Australia for a further 5 years. A very simple procedure if you meet the residency requirement but if you do not can be a nightmare and can result in losing your right to permanent residence unless you can demonstrate maintaining ties with Australia.

If you have not already done so I strongly suggest you read more about the RRV on the immigration website (http://www.immi.gov.au/migrants/residents/155/eligibility.htm) so you are quite clear what your residency obligations are.

If you have any other questions please do not hesitate coming back to the forum.

Otherwise, all the best, good luck and I hope you come to love Australia as much as I!

Kind regards

Sheelagh

[Robert]

The RRV, subclass 155 allows a Permanent Resident Visa holder to leave and return to Australia in each block of 5 years. To be elgible for this RRV an applicant must have resided in Australia cumulatively for 730 days during that 5years OR applicant must evidence they have TIES to Australia that they have established during the 5 years. There are four kinds of ties , (a) employment, (b) Business, (c) Cultural and (d) Personal . One one of these ties need to be shown.

The assesment for this visa subclass (onshore or offshore) is highly discretionary with wide wide flexibility the decision making process. It helps a great deal to have a good understanding of the mindset of the decsion maker to help frame a good application. Agents who deal on regular basis with the decsion maker will know what is acceptable or otherwise, hence the need to use a good agent.

Any one who meets the 2 years residence does NOT need an agent. It is a five second verbal application made across the counter.

Those without the two years residence would most likley need to use an experienced agent, as a complex line of argument is needed to convince the decision maker. Application additionally must show that the ties are substantial and of benefit to Australia.

Robert K Chelliah
rkc@austmigration.com.sg

[Delara]

The RRV, subclass 155 allows a Permanent Resident Visa holder to leave and return to Australia in each block of 5 years. To be elgible for this RRV an applicant must have resided in Australia cumulatively for 730 days during that 5years OR applicant must evidence they have TIES to Australia that they have established during the 5 years. There are four kinds of ties , (a) employment, (b) Business, (c) Cultural and (d) Personal . One one of these ties need to be shown.

The assesment for this visa subclass (onshore or offshore) is highly discretionary with wide wide flexibility the decision making process. It helps a great deal to have a good understanding of the mindset of the decsion maker to help frame a good application. Agents who deal on regular basis with the decsion maker will know what is acceptable or otherwise, hence the need to use a good agent.

Any one who meets the 2 years residence does NOT need an agent. It is a five second verbal application made across the counter.

Those without the two years residence would most likley need to use an experienced agent, as a complex line of argument is needed to convince the decision maker. Application additionally must show that the ties are substantial and of benefit to Australia.

Robert K Chelliah
rkc@austmigration.com.sg
Hi,
I applied for an ENS visa in feb 2010. I applied for GSM in june 2008 and was told that there were delays and visa would not be processed until 2012.
I have been living in Melbourne for over 6 years now and have completed my undergraduate degree plus honours. I have been working for 3 years as a lab scientist (cancer research) and was offered a job contract for another 3 years.
I have a case officer for my ENS application since march and had my nomination approval in March. My co asked for additional information which I provided staright away. On contacting the co, she told me that due to my place of birth (non-ETA)/high risk; my file has been put to the side for now and on asking when I can expect the processing of my visa application, she said I have to wait for 'months'!
How long do you think it will take? and can they reject my application based on my place of birth? I am a bit concerned.

Thanks
Del