Jump to content
Guest heinek

Permanent Residence (subclass 856)

Recommended Posts

Guest heinek

Hi,

 

I am thinking of asking my Company to sponsor me for permanent residency (subclass 856). What are the benefits to the Company to sponsor me? It's quite expensive (around $6000?) so how can I convince them? Also, do I need to be working in the occupation in the Company for 12 months?

I heard this visa is processed much faster than the skilled one (around 3 to 5 months)

 

Thanks

Share this post


Link to post
Share on other sites
Guest chris_mac
Hi,

 

I am thinking of asking my Company to sponsor me for permanent residency (subclass 856). What are the benefits to the Company to sponsor me? It's quite expensive (around $6000?) so how can I convince them? Also, do I need to be working in the occupation in the Company for 12 months?

I heard this visa is processed much faster than the skilled one (around 3 to 5 months)

 

Thanks

 

Hi Heinek

 

Please see link explaining the Employer sponsored route:

 

Skilled Workers Temporary Visa Options - Employer Sponsored Workers - Workers - Visas & Immigration

 

Also please see visa involved:

 

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

 

Also please pay attention to Eligibility and obligations.

 

Best wishes

 

Chris

Share this post


Link to post
Share on other sites

We have offered to pay for ours - the costs are estimated to be around $9000 all in all with medicals, etc.... I think a lot of people do pay as the employer really only has the nomination to pay which is now about $445 - the rest is for the employee to pay and you have option to pay via c/card when you go through your forms. Although saying this, there are some employers that would pay - it really depends I guess on the company.. good luck !


ENS 856 nomination applied and approved 09/09.meds and police cert frontloaded 08/09,employee app submitted to agent 10/09 in the UK..and lodged 21 Oct at immigration - Approved 29 Oct 2009 :jiggy:

Share this post


Link to post
Share on other sites
Guest jason RM0107604

856 is the onshore version of ens, the offsure version of ens is 121. 121 doesnt require you to have work with the australian company, but 856 has different criteria. you should probably consider both versions to see which is more suitable to your circumstances. where possible onshore is always better because of the bridging visa rights.

 

look at the diac website then if you need further clarification see the migration regulations

 

MIGRATION REGULATIONS 1994 - SCHEDULE 2 Provisions with respect to the grant of Subclasses of visas

MIGRATION REGULATIONS 1994 - SCHEDULE 1 Classes of visas

 

and also helpful to look at reg 5.19 MIGRATION REGULATIONS 1994 - REG 5.19 Approval of nominated positions (employer nomination)

 

i hope that is a good starting point for you.

Share this post


Link to post
Share on other sites
We have offered to pay for ours - the costs are estimated to be around $9000 all in all with medicals, etc.... I think a lot of people do pay as the employer really only has the nomination to pay which is now about $445 - the rest is for the employee to pay and you have option to pay via c/card when you go through your forms. Although saying this, there are some employers that would pay - it really depends I guess on the company.. good luck !

 

 

The visa is $2100 or very near , meds about 300 each where does the 9k come from


Here at last:jiggy:

SUFC life not a pastime

I limit myself to 2 drinks a day, I`m now 10 years in front make that 15

Share this post


Link to post
Share on other sites
Guest Gollywobbler

Hi Heinek

 

Welcome to Poms in Oz.

 

Your earlier thread is here:

 

http://www.pomsinoz.com/forum/migration-issues/63556-career-break-457-a.html

 

In it you say that your employers are willing to give you up to 12 months away from your work for the purpose of letting you take an unpaid sabbatical, which might include time spent in Oz and/or time spent outside Oz.

 

You wanted to know if this could be arranged without sacrificing your 457 visa? Les Mighalls RMA confirmed that you would lose your 457 visa if you proceed with Plan A above.

 

Are you now trying to solve the original problem via an ENS visa instead? If so, the idea would work. The company must offer you a contract of employment for not less than 3 years' work in return for 3 years' pay, with work to start as soon as your ENS visa is granted.

 

Once the company has you locked into the contract and vice versa, and your ENS visa has been granted, there is nothing to prevent you & your employer from further negotiations about the unpaid sabbatical. As long as both you and the company can meet all the criteria for the ENS visa, it must be granted. You and your family will then have Permanent Residency.

 

After the visa has been granted, DIAC have no further involvement. I would suggest that you keep the contract simple - work to begin straightaway once the visa has been granted. Once the visa is in the bag, further discussions between you and your boss might result in the two of you decideing to tear up the contract and start again with a fresh one. That will be no concern of DIAC's.

 

What are the advantages to the company?

 

1. If you disappear now and in a years' time the company want to offer you a new job and new 457 sponsorship, both you and they will have to comply with whatever the 457 legislation says by the time you are ready to start the process. A lot of changes have been made recently. More will follow, I strongly suspect. However nobody but the Minister and a small handful of DIAC's most senior staff will know what the Minister plans to do next until he presents it to the world as a fait accompli.

 

Most people prefer to work with a visa framework that they can study for themselves today rather than placing their faith in something which would be pure speculation today.

 

2. The effects of the most recent changes are here:

 

Whats New - Employer Sponsored Workers& Immigration

 

also here:

 

Subclass 457 Visa Reforms

 

Agents Gateway

 

Much depends on how many more of the recommendations in the Deegan Report (457 visa integrity review) are implemented and if so, when.

 

If I were your employer - who is plainly so keen to keep you that he is willing to let you take a lengthy sabbatical - I would be telling HR, "Listen. I want to keep Heinek in the long term and I do not want to keep messing around with this highly uncertain 457 visa in order to do it. Organise an ENS visa for him, please, so that we can all get DIAC out of out hair where Heinek is concerned. Then he and I can make our own arrangements in peace & quiet after DIAC have gone."

 

3. What is your country of origin, Heinek? I ask because I want to know whether there is a reciprocal health care agreement between Australia and your country of origin:

 

Visitors to Australia - Medicare Australia

 

If there is, it only offers your employer limited comfort. If there isn't then he can look forward to getting the whole of the medical bill if something happens to you or to a member of your family who is sponsored by the employer along with yourself.

 

Please also see Page 8 of Booklet 11:

 

http://www.immi.gov.au/allforms/booklets/1154.pdf

 

4. Even if you are in Intensive Care, your employer has to keep paying you (Booklet 11.)

 

5. If business takes a downturn, meaning that it is necessary to end your employment with the company, the company must pay to repatriate you and any family members sponsored along with yourself. If you have PR and the company makes you redundant, the company can leave you to walk home.

 

6. If they have to rely on your finding a new employer sponsor and a new 457 visa once you are ready to return to Australia, you will go for the best deal available to you at the time. Which might be a better offer than one from the current employer. Sure, that could also happen if you have PR but in reality most of us would return to an employer who has been sympathetic and generous towards us even if it is not the best deal on the table. I would sigh and think, "Tempted though I am by the offer from GlamourCo, I will give DullCo at least another year of my life and maybe two simply because DullCo was good to me." If DullCo had not put themselves out for me then it would be a case of, "Too bad, DullCo. I'm off to join GlamourCo this time around."

 

7. An employee who feels that his visa status is secure enough for him to be able to plan his life more than a month at a time in advance is likely to be a LOT more productive than the one who spends half his working life worrying about when he might be turfed out of Oz because of redundancy.

 

What is your occupation, Heinek? Are you a rare type of expert in whatever your field is? If so, we might be able to work up some more arguments based on that.

 

Best wishes

 

Gill

Share this post


Link to post
Share on other sites

Our agent is charging close to 4k, which is fine as he was really good with our 457's so we are happy to pay for that service. The medicals for all of us in the family are close to $1000, police checks came up to around $200 for both the UK and here in Oz and then we had some papers to get in SA that came to about $100. The employer paid first 2k for their part which was a really nice gesture, but we will offer to pay them back. It all ads up I guess, but so worth every cent. We love it here so very much and have settled really well.


ENS 856 nomination applied and approved 09/09.meds and police cert frontloaded 08/09,employee app submitted to agent 10/09 in the UK..and lodged 21 Oct at immigration - Approved 29 Oct 2009 :jiggy:

Share this post


Link to post
Share on other sites
Guest heinek

Thanks Gill and the others.. really appreciated.

My employer has told me that due to the current economic situation they won't cover the cost of the application (which comes to about 7k, 4k for immigration advisor and 2.5k for visa). I have decided that I will cover the costs myself. Does anybody know if I can claim tax back from this application? It would be much cheaper (probably half the costs?)

Cheers

Share this post


Link to post
Share on other sites
Hi,

 

I am thinking of asking my Company to sponsor me for permanent residency (subclass 856). What are the benefits to the Company to sponsor me? It's quite expensive (around $6000?) so how can I convince them? Also, do I need to be working in the occupation in the Company for 12 months?

I heard this visa is processed much faster than the skilled one (around 3 to 5 months)

 

Thanks

 

I am in the same situation. The only difference is that I am just at the end of my sabbatical and the DIAC website says "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."

 

Will my sabbatical leave of 11 months, although I am still under contract with my employer, be a problem in that case? (I have 5 years experience in the occupation in total)

 

Thanks a lot!


Skills assess. submitted @VETASSESS : 14/10/2010

Nomin. & applic. lodged @Parramatta (non-DRC) : 27/09/11

Nomination and visa approved : 14/12/2011 (for full timeline see my bio/About Me)

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×