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457 to PR856 skills assessment query


sami

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My husband is on his second 457 visa, going on 9 months with this new company, they have lost a few projects and future not looking too bright.

We were looking forward to getting PR once the year was up, but the company now say they are not prepared to give him a letter promising his position will be available for next 3 years, as required by Immigration.

From the Immigration site I gather another option is skills assessment, and I would like to know if he could just submit the assessment to Engineers Australia as soon as possible to enable us to get PR before risking loosing his job?

I´m really freaking out, as when he lost his job with the previous visa he was out of work for 3 months, and I can´t handle that stress again...

Thanks

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Guest guest17520
My husband is on his second 457 visa, going on 9 months with this new company, they have lost a few projects and future not looking too bright.

We were looking forward to getting PR once the year was up, but the company now say they are not prepared to give him a letter promising his position will be available for next 3 years, as required by Immigration.

From the Immigration site I gather another option is skills assessment, and I would like to know if he could just submit the assessment to Engineers Australia as soon as possible to enable us to get PR before risking loosing his job?

I´m really freaking out, as when he lost his job with the previous visa he was out of work for 3 months, and I can´t handle that stress again...

Thanks

 

You would still need a letter from his employer stating that his position will be available for 3 years whether you got a skills assessment or not if you are going for an ENS 856:

 

Employer Nomination Scheme (Subclass 121/856)

 

You must also meet one of the following requirements:

 

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)

have been nominated to fill a position with a base salary of more than AUD250 000 per annum (excluding superannuation or allowances)

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. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

You must also:

 

have an employer who is willing to sponsor you for permanent residency

demonstrate that you have the appropriate skills, qualifications and/or experience to fill the position

meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training

be under 45 years of age

provide a letter of appointment or a contract signed by both the employer and yourself

have vocational English language ability.

See: Vocational English Language Requirement

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Any other alternatives apart from looking for a new sponsor??

Not really. The 3 years of position availability is a mandatory requirement which can't be substituted by something else.

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My husband is on his second 457 visa, going on 9 months with this new company, they have lost a few projects and future not looking too bright.

We were looking forward to getting PR once the year was up, but the company now say they are not prepared to give him a letter promising his position will be available for next 3 years, as required by Immigration.

From the Immigration site I gather another option is skills assessment, and I would like to know if he could just submit the assessment to Engineers Australia as soon as possible to enable us to get PR before risking loosing his job?

I´m really freaking out, as when he lost his job with the previous visa he was out of work for 3 months, and I can´t handle that stress again...

Thanks

 

Your best option is still the Employer Nomination Scheme with your husband’s current employer, as at the moment, ENS is the quickest and most stable skilled pathway.

 

The company does not need to provide a letter “promising his position will be available for next 3 years”.

 

Part of the ENS application is that the company states that the position being offered if full time and available long term (ie at least three years). This does not guarantee the position to your husband long term and they are under no obligation to employ him for 3 years if there is no future need.

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Thank Raul, unfortunately it´s a big international company, and even though my husband has told them he is prepared to sign some sort of legal document to say he will leave the company once he gets PR, they say this 3 year letter is a legal document and they will not issue it if they think they cannot provide this!

To start with hubby was covered under 190 thousand rule, but the immigration company did not submit the documentation early enough and then in December we were told that limit was upped to 250thousand!!!

I cannot see another alternative, he will have to start job hunting again, 9 months lost, and another year to go till we are again eligible.

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