View Full Version : 457 to ENS 121

12th August 2010, 10:48 PM
One of the eligibility requirements for the Employer Nomination Scheme is:

"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)."

I worked from mid August 2008 to 30 April 2009 with 1 employer and from 18 May 2009 to the current date with my current employer. Therefore I appear to have met the eligibility requirement. However, I had a 2 week gap in early May 2009 when I was not actually in employment because my new 457 visa was being processed (although my new contact of employment had already been signed prior to leaving the previous place of employment). Surely the 2 week gap won't prejudice my application? In reality, I have indeed worked full-time in the nominated occupation on a 457 for 2 years prior to the application...

Tony Coates
13th August 2010, 08:19 PM
The old policy behind these requirements was to allow up to 3 months of unemployment/unpaid leave etc, in each of the 2 years. This policy has now been removed as the regulation states, and always did state:

"worked full-time ..... for at least the period of 2 years immediatley before making the application".

So I think, legally, you do not meet the requirement however, it may be that DIAC do not refuse you on such a technical matter. You would need to seek the attitude of the processing office to be sure.