457 to ENS Permanent Visa

[justjen]

My OH was fortunate to be sponsored for a 457 visa with a view to permanent residence after 2 years. We did it this way as my OH was having problems getting his skills assessed and so we were going through the "working in the occupation for 2 years in Australia with his current employer) route. The employer put on their application a minimum of 2 years of employment because they felt they were doing us a favour by going for the permanent visa as soon as possible (i.e. 2 years).

We are currently just over year into the 457 visa and have started looking into gathering the relevant information for the Onshore ENS Permanent Visa application. Upon checking the immi.gov website it says that you have to be working in the occupation for 2 years - what has struck me is that on our current visa it actually expires 2 months short of my OH actually starting work (we obviously didnt arrive in Australia the day the visa was granted).

We really dont know what to do. Are immigration likely to overlook the "missing" 2 months?? When would be the latest time to apply for the new visa before the other runs out?? I think they give a bridging visa until the new one is processed / approved - am I correct?

Any advice would be greatly received.

[Sheelagh Blanckenberg]

Hi Justjen

DIAC will not overlook the two months unfortunately.

By any chance, was your OH employed by another sponsor before this current position?

I ask because the requirement for an ENS visa is that a person needs to be employed in Australia for 2 years while holding a prescribed visa, with one full year directly before applying in employment with the sponsoring employer. Your OH clearly meets the one year with the current sponsoring employer. For the other 1 year he can have worked for any number of sponsoring employers so long as in total he can show a full 12 months.

If not, the only option open to you is to apply for a further 457 visa with the current employer which will in effect give your OH the time to 'clock' up his full two years as required for an ENS application.

Cheers

Sheelagh

[justjen]

Hi Justjen

DIAC will not overlook the two months unfortunately.

By any chance, was your OH employed by another sponsor before this current position?

I ask because the requirement for an ENS visa is that a person needs to be employed in Australia for 2 years while holding a prescribed visa, with one full year directly before applying in employment with the sponsoring employer. Your OH clearly meets the one year with the current sponsoring employer. For the other 1 year he can have worked for any number of sponsoring employers so long as in total he can show a full 12 months.

If not, the only option open to you is to apply for a further 457 visa with the current employer which will in effect give your OH the time to 'clock' up his full two years as required for an ENS application.

Cheers

Sheelagh

Hi and thanks for your response. No my OH has not been employed with another employer unfortunately. Im so stressed about this because I feel if the employer hadnt put a minimum of 2 years and put say 2 and a half then we wouldnt be in this situation. Are you suggesting that we actually get a 457 visa and for how long - 2 months??? If this is the case, will we have to have medicals for each application - i.e., 457 and then ENS. Plus having to pay for two lots of visa fees (plus the employer paying twice for their nomination). Out of interest, do you know how long it normally takes for immigration to actually look into our ENS application, I was hoping it might sit on someones desk for two months.

[Susan Wareham McGrath]

Hi justjen

As Sheelagh has indicated above, unfortunately, without a skills assessment, your husband's only option is to apply for another 457 sponsorship, nomination and visa. Subclass 457s aren't available for only two months, so he might as well request a visa for 1, 2 or even 4 years. The total duration of the visa is of course not really relevant in your case, as you only need to use two months of it.

You will need to pay two full sets of fees; one for the 457 and one for the ENS.

You will also need to do new x-rays for the 457, but I suggest you also do the full medicals so that you can use them for the ENS when the 2 months has passed.

To be eligible to apply for an ENS, you need to have held a 457 for two years at the time of lodgement, not at the time the visa is granted. This means that the time it takes DIAC to process your application is irrelevant, as unfortunately, you will only be able to meet that requirement by obtaining a new 457.

Best regards
Susan

[Zoltan Bertok]

Let me add my 2 cents. The 457 rules have changed recently. Mere copying of the previous application may not work.

[janetsplanet]

Hi justjen

As Sheelagh has indicated above, unfortunately, without a skills assessment, your husband's only option is to apply for another 457 sponsorship, nomination and visa. Subclass 457s aren't available for only two months, so he might as well request a visa for 1, 2 or even 4 years. The total duration of the visa is of course not really relevant in your case, as you only need to use two months of it.

You will need to pay two full sets of fees; one for the 457 and one for the ENS.

You will also need to do new x-rays for the 457, but I suggest you also do the full medicals so that you can use them for the ENS when the 2 months has passed.

To be eligible to apply for an ENS, you need to have held a 457 for two years at the time of lodgement, not at the time the visa is granted. This means that the time it takes DIAC to process your application is irrelevant, as unfortunately, you will only be able to meet that requirement by obtaining a new 457.

Best regards
Susan

Hi Susan

I have been on a 457 visa (Marketing Specialist) since July 2008. I transferred this visa from my previous employer to my new employer, which I commenced employment for in April 2010.

My current employer is keen to nominate for permanent residency through the ENS, but the HR rep said I need to work for the company for 2 years before they can nominate me. I thought it was 2 years on the 457 visa and a 1 year of that time with the nominating employer? So does this mean by April 2011 I will be eligible for the ENS? Or will I be eligible in April 2012?

I have looked on www.immi.gov.au and it doesn't seem to clarify this anywhere.

I would appreciated any advice.

Thanks very much

Janet

[nvoorst]

Janet, the migration regulations for sc. 856 say :


The applicant has worked full-time in the occupation to which the appointment relates in Australia, while holding a sc. 457 visa for at least the period of 2 years immediately before making the application; and

The applicant has worked full-time for the nominating employer and in the occupation to which the appointment relates, while holding a sc. 457 visa for at least the period of 1 year immediately before making the application;

I have slightly altered the original wording for the sake of clarity.

Regards,

Nick van Voorst

[aron]

Is ENS rules have changed recently?.This is what DIAC site says now;

You must also meet one of the following requirements:

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 position with a base salary of more than $165 000 per annum (excluding superannuation or allowances)
have had your 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 before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

[nvoorst]

No change as far as I can see . What do you think has changed ?

[aron]

I mean, according to the DIAC site,employee do NOT need to have worked 2 years under s457 with an employer before application to Permanent Visa. The DIAC site says we need ONE of three.Either worked for 2 years with qualifying visa,or salary above AUD 165000 or else have 3 years work experience with assessment?
Am I right?

[Migration Help]

Hi aron

Nick is correct, nothing has changed in this respect.

An applicant for an onshore ENS application has 3 possible routes to obtain permanent residence. Namely either:

1. be in a position with a salary over $165,000, or
2. undergo a skills assessment plus have 3 years work experience (unless exceptional circumstances exist), or
3. be working in Australia on a relevant visa for a prescribed period.

So to answer your question, if you meet dot point 1 or 2 then your sponsoring employer is still able to sponsor you even if you have never worked in Australia.

MH

[Robert K Chelliah]

How about English language ..IELTS and exemptions consitions for 856.

[doudou2910]

Hi Janet,

I am sorry to bother because i can't help you on your matter but through what i read on your post maybe you can give me some advice on a certain situation. My husnbadn just finished his studies in a Bachelor of Business (Marketing & Management) at Swinburne University Hawthorn and me i have been graduate in a Bachelor of Arts (Media and Communication). We are both currently looking for employment which is a really difficult path till now because we have been unsuccessful till now. I was just wondering if you or anyone on this forum can help as we are desperate to find a job and we are willing to work and to relocate if needed and also we are currently on a Bridging Visa A for a Temporary Residence in Australia. Here is my private email address can anyone who can help contact me thanks
dominique.luchmun@gmail.com

Thank you again