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121 visa. Are we eligible?


mr luvpants

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Guest Gollywobbler

Hello John

 

In practice, the hospitals in Oz are very highly reluctant to agree to ENS subclass 121 visas up front, even for highly experienced nurses.

 

Partly this is because both the hospital HR staff and the nursing agencies who find a lot of the foreign staff have a woefully poor understanding of the visa system. A lot of them believe that the only lawful possibility is a 457 visa followed by an ENS visa. Even for that notion, they rely on what they have seen happen in practice rather than by analysing and understanding the DIAC website.

 

Partly, too, there is a strong belief that a 457 visa can be obtained relatively fast, whereas they imagine an ENS visa will take forever to organise. In fact if an experienced Agent puts a well documented ENS application together, s/he can get DIAC to grant the ENS visa as fast as it would take the average inexperienced Agent or lay applicant to get a 457.

 

Partly, as well, the hospitals want to assess the staff member concerned before making a long term commitment to keeping the person via offering the nurse a permanent job and an ENS visa to go with it.

 

So although an immediate subclass 121 visa is theoretically possible via the using the potential exemption to the normal skills-related eligibility requirements, in practice it is unlikely to happen because the majority of hospitals would not agree to it up front.

 

Please see the following links:

 

Employer Nomination Scheme (Subclass 121/856)

 

Employer Nomination Scheme (Subclass 121/856)

 

Employer Nomination Scheme (Subclass 121/856)

 

Employer Sponsored Migration Booklet - Australian Immigration

 

Best wishes

 

Gill

 

PS: I have not pasted the same link 3 times! It is just the way the DIAC website makes it look.

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Hi John,

 

I have a friend who is a nurse who has been down this road and this visa worked out fine for her and also the hospital that took her on. Also this visa only took her 3 or 4 months to recieve and did not use an agent. To be honest having an agent is not neccessary as i dont think it is that difficult to complete the process as the immi website almost gives you a step by step guide.

 

Hannah

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Hi John

 

To be honest i cant remember how long she had been qualified for, i know it wasn't that long after! she worked in Sydney i cant remember the name of the hospital, but i know she loved it there!

Dont suppose that is a huge amout of help for you. Sorry

 

Hannah

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Hi John,

 

I sent off my 121 visa application last week, having been offered PR sponsorship by a hospital in Perth. For a 121 visa, they state that you must have 3 years post-qualification experience. However, as nursing / midwifery is on the MODL list, it is possible to still get the visa as long as you and the employer write that exceptional circumstances apply (there is a section on the employer nomination form and the actual visa application that has to be filled in re this). This applies to me as I only qualified two years ago and I was basically told that, because I've already had my skills recognised by registering with the Nurses and Midwives Board of WA (NMBWA), then there won't be a problem.

 

Tell your wife to check out Ramsay Health website. They state that they initially offer temporary sponsorship, but I told them that I'm wanting to emigrate permanently and they offered me permanent straight away! Just hope it doesn't take months now for the visa to be granted :-(

 

Let me know if there's anything else I can help with.

 

Lizzie

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Just got in but will check that site tomorrow. Sounds good. What did you put down then on the form about you being super special and they needed you????

 

JOHN

Lol . . . the form just asks you to confirm that the employer has submitted info relating to why exceptional circumstances apply and then I was advised to simply put how long my training was, how long I'd been qualified for and also that I was registered with the NMBWA. The immigration website confirms that exceptional circumstances will be granted provided it's a job on the MODL list, so fingers x'd eh! Will let u know if I have any problems!

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Hi John,

 

I have a friend who is a nurse who has been down this road and this visa worked out fine for her and also the hospital that took her on. Also this visa only took her 3 or 4 months to recieve and did not use an agent. To be honest having an agent is not neccessary as i dont think it is that difficult to complete the process as the immi website almost gives you a step by step guide.

 

Hannah

Hi Hannah,

 

I applied for a 121 visa last week, having been offered sponsorship by a hospital in Perth. Was your friends visa issued recently . . . I'm clinging onto the hope of mine being processed so quickly?!!

 

Lizzie

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We're in the same boat, have just submitted our ENS application last week and I'm desperate to know how long it will take. I'm due to start work mid january. I think it should be fairly straightforward, we have included all in the application and are just waiting for them to acknowledge it and let us know what they want for our medical. Is it too much to hope it will take 3 months????

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