457/856 Query

[Purple Princess]

I hope someone can help me? This may be a bit premature, but I thought it was best that I knew what was involved......

 

I am in Australia at the moment on a student visa and have almost finished the end of my first year. In between semesters this year I was really bored (it was only 5 weeks), so my thoughts were to try and find a job over the summer before I drive the OH and the rugrat mad with cleaning!!!!

 

Well, it appears my searching for a job has been successful. I have just been for an interview, and the MD offered me the job!! Now, I have been honest with him and explained my visa restrictions, ie I can work full time until March and then a max of 20 hours. I explained the only way I could continue after March on a full time basis would be if he would be willing to sponsor me. I thought at this point he would withdraw the offer of employment, but no!!!! He said that providing I proved myself over the next 3 months, he would be happy to sponsor me:jiggy:

 

He has never sponsored anyone before though so would have to apply to be a sponsor which he is more than happy to do. My question is:

 

Am I able to apply for a 856 visa over a 457 visa, as this will give us the security of PR?? The employer has said he will sponsor me for either. I think the reason we want the security is after being here nearly 12 months on a temporary visa, PR would make me feel a bit safer, plus, although many people for many reasons choose to go back home, we don't want to!!!!:no:

 

 

Thanks

 

Steph

:notworthy:

[Joebloggs]

Yes but you will need a Skills assessment.

 

If you cant obtain a +ve skills assessment you can work on a 457 for 2 years and then apply for a ENS 856 and use the 2 years on the 457 in lieu of a skills assessment.

[Purple Princess]

Yes but you will need a Skills assessment.

 

If you cant obtain a +ve skills assessment you can work on a 457 for 2 years and then apply for a ENS 856 and use the 2 years on the 457 in lieu of a skills assessment.

 

 

Thanks for the info, I hope I would pass the skills assessment, I've done the job for over 21 years!!

 

Would you know where I can find out what is involved though in the skills assessment please??

 

Steph

xxxx

[Ozmaniac]

I'm pretty sure that you're not eligible to apply now for an 856 but will have to work for 2 years on a 457 and then apply.

 

The only way you can apply for an 856 now is:

a) if you hold a qualifying visa. As I understand it, your student visa is only eligible if you have finished your course

AND

b) if you have 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.

Employer Nomination Scheme (Subclass 121/856)

[RobertBurns]

Employer Nomination Scheme (Subclass 121/856)

 

Is there a mistake on that page?

 

It says

...have been nominated to fill a position with a base salary of more than $165 000 per annum (excluding superannuation or allowances)

 

But then goes on to list salaries a lot lower further down the page..

 

Also, with the 856 visa, what are the requirements for remaining in the job? If one was to change jobs after a year, would a new 856 be required etc?

 

Thanks

[Purple Princess]

I'm pretty sure that you're not eligible to apply now for an 856 but will have to work for 2 years on a 457 and then apply.

 

The only way you can apply for an 856 now is:

a) if you hold a qualifying visa. As I understand it, your student visa is only eligible if you have finished your course

AND

b) if you have 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.

Employer Nomination Scheme (Subclass 121/856)

 

 

Thanks for the info, I don't know if I'm being a bit blonde but could I:

 

Do the 457 application first, when it's approved, do the application for the 856??

 

I have over 3 years full time experience in the occupation and would be happy to do a skills assessment (If I knew what it involved)

 

Steph

xxxx

[Ozmaniac]

Yes you could get a 457 first and then apply for a 121/856 after you have it and can meet all of the requirements for a 121/856 application.

 

If you have 3 years experience in the occupation, you still have a sticking point with your eligibility to apply for an 856 which is an onshore visa. I read the Qualifying Visa information as saying that you must have completed your course.

 

You can of course apply for a 121 which is the offshore equivalent of an 856. All that means is that you must be outside Australia when the visa is granted but that isn't a problem if you keep your Case Officer informed regarding your whereabouts. The CO will send a pre-grant letter when the 121 is ready to be granted and you (the whole family) whip across to NZ for a few days so it can be granted offshore.

 

For information on skills assessment, refer to your occupation on the ASRI alphabetical listing and follow the links to the assessment organisation website:

http://www.immi.gov.au/asri/

[Pumpkin]

Thanks for the info, I don't know if I'm being a bit blonde but could I:

 

Do the 457 application first, when it's approved, do the application for the 856??

 

I have over 3 years full time experience in the occupation and would be happy to do a skills assessment (If I knew what it involved)

 

Steph

xxxx

 

I shouldn't think the employer would want the hassle of applying for a 457 for you and then immediately afterwards applying for an 856. You cannot apply for an 856 visa from a student visa (unless you have completed your course) however I don't see any reason why you could not skip the 457 step and apply for the offshore ENS 121 visa. You can apply whilst onshore but would need to go offshore when it is ready for grant.

 

There are other qualifying criteria for the 121 visa. You would have to be in an occupation on the ENSOL (are you?) and as has been said you would need to obtain a positive skills assessment. What skills assessment entails depends upon your occupation and you have not said what that is. You also need to have at least 3 years work experience and pass all the character and health requirements.

 

The employer will have to meet certain criteria as well of course.

[Purple Princess]

I shouldn't think the employer would want the hassle of applying for a 457 for you and then immediately afterwards applying for an 856. You cannot apply for an 856 visa from a student visa (unless you have completed your course) however I don't see any reason why you could not skip the 457 step and apply for the offshore ENS 121 visa. You can apply whilst onshore but would need to go offshore when it is ready for grant.

 

There are other qualifying criteria for the 121 visa. You would have to be in an occupation on the ENSOL (are you?) and as has been said you would need to obtain a positive skills assessment. What skills assessment entails depends upon your occupation and you have not said what that is. You also need to have at least 3 years work experience and pass all the character and health requirements.

 

The employer will have to meet certain criteria as well of course.

 

 

Thanks Pumpkin,

 

I hadn't thought of the 121 as I thought I had to be offshore when I applied:biglaugh:

 

I'm a Financial Adviser and the job is on the ENSOL and I have over 21 years experience so I'm hoping the skills assessment won't be too hard......:no:

 

I'm just at the moment, as well as completing my end of semester exams, doing the industry exams over here so I can practise.

 

How do I find out what it involves?

 

Steph

xxxx

[Pumpkin]

Thanks Pumpkin,

 

I hadn't thought of the 121 as I thought I had to be offshore when I applied:biglaugh:

 

I'm a Financial Adviser and the job is on the ENSOL and I have over 21 years experience so I'm hoping the skills assessment won't be too hard......:no:

 

I'm just at the moment, as well as completing my end of semester exams, doing the industry exams over here so I can practise.

 

How do I find out what it involves?

 

Steph

xxxx

 

Financial Advisor skills assessment are carried out by Vetasses. You should check their website to see what is involved, link below. The occupation is in Group B, which means that you will need the equivalent of at least an Ausralian bachelor degree for this.

 

Nominating an occupation (General professional occupation) - VETASSESS

[Purple Princess]

Financial Advisor skills assessment are carried out by Vetasses. You should check their website to see what is involved, link below. The occupation is in Group B, which means that you will need the equivalent of at least an Ausralian bachelor degree for this.

 

Nominating an occupation (General professional occupation) - VETASSESS

 

Thanks again Pumpkin,

 

I'm going to phone them tomorrow for clarification on the point below:

 

Either two or three years of such employment is required if the qualification/s has a shortfall in content relevance.

 

I don't have a bachelor degree, it is not needed in the UK to do the job and I'm only just finishing year one of a Bachelor of Commerce so I don't know whether or not they would take my results into consideration as it is 'closely related', one of my subject this semester is introduction to financial planning:biglaugh:. A degree is also not needed in Australia to do the job either, just the RG146, which is the other qualifications I'm doing at the moment. The company has said they will put for through the Advanced Diploma or any other qualifications I want, relevant to the job.

 

My qualifications, I think, are equivalent to a Diploma over here. I suppose worst case scenario, I could always do the 457 and apply after 2 years when no skills assessment is needed, although I do think that this is a bigger risk with having a family.

 

Sorry for the delay in replying, my computer is having funny turns tonight!!!

 

Steph

xxxx

:notworthy:

[Joebloggs]

I would just read Booklet 5 its all there.

 

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 three 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.