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121/856 work experience waved?
Old 28th March 2011, 02:09 PM   #1
sydneychef
 
Join Date: Mar 2011
Location: AUSTRALIA
Posts: 2
Default 121/856 work experience waved?

Hello,
I am currently in Australia on a 457 visa and want to apply for permanent residence as soon as possible, ideally through an ENS visa (121/856).

I also have an 175 application which has been lodged in 2009, but as it's in priority group 4 it can take a very long time to get processed .

At the moment I do not have the required 3 year work experience for the 121/856 visa but I have heard that it can be waived when you have a valid 175 application. Does anyone have experience with this or know if this is true?

Kind regards,
sydneychef
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Old 7th April 2011, 10:36 PM   #2
sydneychef
 
Join Date: Mar 2011
Location: AUSTRALIA
Posts: 2
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It seems I may have found the answer to my own question. But it would be very much appreciated if someone with the legal knowledge can verify the way I understand it...

The italic text below is copied from booklet 5 (page 19). To me it seems that since I qualify for a fee-free visa application due to my lodged 175 application, I do not have to show the work requirements. And could therefore lodge and 121/856 application at this moment?

Unless you are eligible to make a deemed or fee-free visa application (see Deemed
visa application (onshore visas only) on page 7 and Fee-free visa application on page 8), the
department will assess your visa application against one of the following:
you have been working full-time in Australia in the nominated occupation while
holding an eligible temporary residence visa (visa subclasses 457, 418, 422, 428, 421,
444 or 461) for at least the 2 years immediately prior to the lodgment of your visa
application, and that you have spent at least the last 12 months employed with your
ENS sponsor.
you have a satisfactory skills assessment from an Australian assessing authority
which is relevant to your nominated occupation and you have at least 3 years of postqualification
work experience in your nominated occupation. You do not need to
have the necessary period of work experience if you can demonstrate that exceptional
circumstances apply. Additionally, the skills assessment criterion may be satisfied
if you have already been fully assessed by the relevant registration body for any
mandatory registration, licensing or professional membership requirement for your
nominated occupation.
you have been nominated for a position with a base salary specified by legislative
instrument that is at least equivalent to the salary for a highly paid executive position.
The department will also assess your visa application against all of the following:
you hold, or are eligible to hold, any mandatory registration, license or professional


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