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Nicole Eire

ENS 121 employer criteria

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Hi,

We have been looking into emigration via ENS 121. The only thing I can't find information about is the specific criteria required on the part of the employer - does there have to be a certain number of employees, does the business have to be operating a certain number of years etc.? My OH has an offer for job + sponsorship but I can't seem to find out this info. Any help greatly appreciated!


TRA Bricklayer submitted 19/07/11 - Technical interview 10/08/11 - TRA successfully completed 11/08/11 - Employer nomination (drc) and visa application (non-drc) applied together 13/09/11 - Meds 22/09/11 - CO 14/10/11 - VISA 17/11/11 - Flights 30/12/11 citizenship 09/03/17

My parents lodged 143 contributory parent visa 18/03/15

request for form 80/meds/police check/AoS 10/10/17

AoS process commenced 16/10/17 and completed 14/02/18 

Case officer appointed 12/01/18 

All docs submitted and acknowledged 15/02/18

2nd VAC request 12/06/18

 

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Assume you have seen this

 

Employer Nomination Scheme (Subclass 121/856)

 

No they don't have to have a min number of employees and can be newly established. main criteria is that they have a training plan and a genuine need to employ someone from overseas to fill the post. They just have to apply and see if they are accepted.


So many wineries ......so little time :yes:

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Guest Jamie Smith

There's a bit more to it than that.:wideeyed:

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Thanks. I have read every document on immi as well as many other sites. The position is bricklayer, at the moment a few different companies have offered the pr sponsorship (I believe that is due to my husbands cv). I was just wondering if there is a slimmer chance of approval from a company that is less than a year old, or has fewer employees? Also, a friend of mine has just had visa approved (175) and she advised that on the ens 121 if for any reason you happen to be out of work for any number of days (ie. lack of work, weather etc.) that you have only 28 days to leave oz?! Could anyone confirm how true that is.


TRA Bricklayer submitted 19/07/11 - Technical interview 10/08/11 - TRA successfully completed 11/08/11 - Employer nomination (drc) and visa application (non-drc) applied together 13/09/11 - Meds 22/09/11 - CO 14/10/11 - VISA 17/11/11 - Flights 30/12/11 citizenship 09/03/17

My parents lodged 143 contributory parent visa 18/03/15

request for form 80/meds/police check/AoS 10/10/17

AoS process commenced 16/10/17 and completed 14/02/18 

Case officer appointed 12/01/18 

All docs submitted and acknowledged 15/02/18

2nd VAC request 12/06/18

 

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Thanks. I have read every document on immi as well as many other sites. The position is bricklayer, at the moment a few different companies have offered the pr sponsorship (I believe that is due to my husbands cv). I was just wondering if there is a slimmer chance of approval from a company that is less than a year old, or has fewer employees? Also, a friend of mine has just had visa approved (175) and she advised that on the ens 121 if for any reason you happen to be out of work for any number of days (ie. lack of work, weather etc.) that you have only 28 days to leave oz?! Could anyone confirm how true that is.

 

 

Not sure about how long the compay needs to have been operating but I think your friend is thinking of the 475 visa which is when a company sponsor you but you must stay employed by them or find another company to take over the sponsorship if you leave. If you fail to find another sponsor then you do only have 28 days to leave. The 121 however is very different as basically once you are in Australia you will have PR. Even if you loose your job you will not have to leave......

 

Hope this helps,


 

 

CASA license 3/4/2012.
CASA assesment 2.04.12.
IELTS 8.5 / 7.5 / 8.5 / 9.0 / Overall 8.5 - 13.08.11.
WA SS applied 19.04.12.
WA SS approved 03.05.12.
176 submitted 09.05.12.
176 granted Oct' 12.

 

 

 

 

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Thanks. It's great to have feedback, sometimes I read something so many times that I convince myself that I must be missing something huge!


TRA Bricklayer submitted 19/07/11 - Technical interview 10/08/11 - TRA successfully completed 11/08/11 - Employer nomination (drc) and visa application (non-drc) applied together 13/09/11 - Meds 22/09/11 - CO 14/10/11 - VISA 17/11/11 - Flights 30/12/11 citizenship 09/03/17

My parents lodged 143 contributory parent visa 18/03/15

request for form 80/meds/police check/AoS 10/10/17

AoS process commenced 16/10/17 and completed 14/02/18 

Case officer appointed 12/01/18 

All docs submitted and acknowledged 15/02/18

2nd VAC request 12/06/18

 

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Thanks. I have read every document on immi as well as many other sites. The position is bricklayer, at the moment a few different companies have offered the pr sponsorship (I believe that is due to my husbands cv). I was just wondering if there is a slimmer chance of approval from a company that is less than a year old, or has fewer employees? Also, a friend of mine has just had visa approved (175) and she advised that on the ens 121 if for any reason you happen to be out of work for any number of days (ie. lack of work, weather etc.) that you have only 28 days to leave oz?! Could anyone confirm how true that is.

 

Entirely false.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Not sure about how long the compay needs to have been operating but I think your friend is thinking of the 475 visa which is when a company sponsor you but you must stay employed by them or find another company to take over the sponsorship if you leave. If you fail to find another sponsor then you do only have 28 days to leave. The 121 however is very different as basically once you are in Australia you will have PR. Even if you loose your job you will not have to leave......

 

Hope this helps,

 

There is no such condition imposed on a subclass 475 visa.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Does anybody know, or have a good idea about the likelihood that a bricklaying company would be eligible to sponsor an overseas employee? Company that are most interested have not gone through the sponsorship process before, but are more than willing. We however are reluctant to put forth the application for the nomination approval if it is unlikely to be approved - simply due to the time factor involved for us. Is there any way of finding out what the chances are? Or would it be easier if the application was only for a 457 as opposed to 121?

Any help greatly appreciated.


TRA Bricklayer submitted 19/07/11 - Technical interview 10/08/11 - TRA successfully completed 11/08/11 - Employer nomination (drc) and visa application (non-drc) applied together 13/09/11 - Meds 22/09/11 - CO 14/10/11 - VISA 17/11/11 - Flights 30/12/11 citizenship 09/03/17

My parents lodged 143 contributory parent visa 18/03/15

request for form 80/meds/police check/AoS 10/10/17

AoS process commenced 16/10/17 and completed 14/02/18 

Case officer appointed 12/01/18 

All docs submitted and acknowledged 15/02/18

2nd VAC request 12/06/18

 

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Guest Jamie Smith

Few people here know DIAC's exact requirements for a strong sponsorship application, or how a specific business with an unknown profile could overcome perceived shortcomings.

 

So I guess you can't get a direct answer here without presenting the business profile against specific DIAC requirements, and then asking for comment.

 

On the face of it, sponsorship looks simple, which is DIAC's way of saying "let our case officers who have never been in business pull apart your business information and ask for things dreamed of in Canberrra that bear little resemblance to the real world", eg training budgets.

 

Can I suggest you trade off your requirement for speed against accuracy and quality of preparation - "the hurrier I go the behinder I get" really applies here.

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Thanks Jamie,

It's so hard to know what to do for the best! Am looking into getting an agent at the moment, so hopefully that will make the process more manageable! I completely understand what you have said, and at least I know that there aren't any hard and fast criteria that give advantage to one over another.


TRA Bricklayer submitted 19/07/11 - Technical interview 10/08/11 - TRA successfully completed 11/08/11 - Employer nomination (drc) and visa application (non-drc) applied together 13/09/11 - Meds 22/09/11 - CO 14/10/11 - VISA 17/11/11 - Flights 30/12/11 citizenship 09/03/17

My parents lodged 143 contributory parent visa 18/03/15

request for form 80/meds/police check/AoS 10/10/17

AoS process commenced 16/10/17 and completed 14/02/18 

Case officer appointed 12/01/18 

All docs submitted and acknowledged 15/02/18

2nd VAC request 12/06/18

 

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Not sure about how long the compay needs to have been operating but I think your friend is thinking of the 475 visa which is when a company sponsor you but you must stay employed by them or find another company to take over the sponsorship if you leave. If you fail to find another sponsor then you do only have 28 days to leave. The 121 however is very different as basically once you are in Australia you will have PR. Even if you loose your job you will not have to leave......

 

Hope this helps,

 

You have confused a 457 with a 475

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Thanks Joebloggs, you are correct finger or brain trouble.......sorry NicoleEire25.:embarrassed:


 

 

CASA license 3/4/2012.
CASA assesment 2.04.12.
IELTS 8.5 / 7.5 / 8.5 / 9.0 / Overall 8.5 - 13.08.11.
WA SS applied 19.04.12.
WA SS approved 03.05.12.
176 submitted 09.05.12.
176 granted Oct' 12.

 

 

 

 

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Few people here know DIAC's exact requirements for a strong sponsorship application, or how a specific business with an unknown profile could overcome perceived shortcomings.

 

So I guess you can't get a direct answer here without presenting the business profile against specific DIAC requirements, and then asking for comment.

 

On the face of it, sponsorship looks simple, which is DIAC's way of saying "let our case officers who have never been in business pull apart your business information and ask for things dreamed of in Canberrra that bear little resemblance to the real world", eg training budgets.

 

Can I suggest you trade off your requirement for speed against accuracy and quality of preparation - "the hurrier I go the behinder I get" really applies here.

 

Or to put iit another way, the gnomes of Canberra could not manage a two-seat dunny.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Very reassuring!!


TRA Bricklayer submitted 19/07/11 - Technical interview 10/08/11 - TRA successfully completed 11/08/11 - Employer nomination (drc) and visa application (non-drc) applied together 13/09/11 - Meds 22/09/11 - CO 14/10/11 - VISA 17/11/11 - Flights 30/12/11 citizenship 09/03/17

My parents lodged 143 contributory parent visa 18/03/15

request for form 80/meds/police check/AoS 10/10/17

AoS process commenced 16/10/17 and completed 14/02/18 

Case officer appointed 12/01/18 

All docs submitted and acknowledged 15/02/18

2nd VAC request 12/06/18

 

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Few people here know DIAC's exact requirements for a strong sponsorship application, or how a specific business with an unknown profile could overcome perceived shortcomings.

 

So I guess you can't get a direct answer here without presenting the business profile against specific DIAC requirements, and then asking for comment.

 

On the face of it, sponsorship looks simple, which is DIAC's way of saying "let our case officers who have never been in business pull apart your business information and ask for things dreamed of in Canberrra that bear little resemblance to the real world", eg training budgets.

 

Can I suggest you trade off your requirement for speed against accuracy and quality of preparation - "the hurrier I go the behinder I get" really applies here.

 

 

Hi Jamie

 

We are trying to get my uncle to sponsor my wofe to work in his salon.

 

he has one full time fully qualified staff memebr now so has not needed to have a training budget for at least 5 years now.

 

He has had his own salon in Australia for 35 years now and employed and trained at least 30 Aussues.

 

How can they expect someone to pay for training when the requirement is not there.

 

Also he states that its unafir for the to have to try the newly qualified haidressers as the majority of them are overseas migrants with poor english . this clearly is the result of the Aussie visa factories and why he feels the need to sponsor an overseas worker.

 

Thanks

 

Shane


Moving back home 29th March 2013

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From experience of been sponsored twice (457 & ENS) my former employer had to prove that they were comitted to advertising the job, interviewing locals plus have some sort of training program implemented. On top of that they had to sort of 'donate' funds to some local traning institute.

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Hi Jamie

 

We are trying to get my uncle to sponsor my wofe to work in his salon.

 

he has one full time fully qualified staff memebr now so has not needed to have a training budget for at least 5 years now.

 

He has had his own salon in Australia for 35 years now and employed and trained at least 30 Aussues.

 

How can they expect someone to pay for training when the requirement is not there.

 

Also he states that its unafir for the to have to try the newly qualified haidressers as the majority of them are overseas migrants with poor english . this clearly is the result of the Aussie visa factories and why he feels the need to sponsor an overseas worker.

 

Thanks

 

Shane

 

To qualify under the ENS program (and the 457 program) the Australian employer must show that they are up skilling their Australian staff and not simply importing skills from overseas.

 

If the company has not spent any money on training staff in the last five years they are unlikely to meet the training requirement, irrelevant of the fact that they have not needed to spend money on training.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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From experience of been sponsored twice (457 & ENS) my former employer had to prove that they were comitted to advertising the job, interviewing locals

 

This was known as labour market testing but was removed from the ENS program many years ago.

 

plus have some sort of training program implemented.

 

Yes, training of Australian staff is required for both the 457 and ENS program.

 

On top of that they had to sort of 'donate' funds to some local traning institute.

 

This is required for the 457 program if the company cannot meet the Australian staff training requirement.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Guest Jamie Smith

Training budgets are classic example of immigration policy kowtowing to political whim rather than common sense. If you need staff and can only attract low numbers of lowly skillled applicants through long term shortage in the industry, and existing staff are not skilled enough to train others, and not enough staff on hand to cover for trainee absences, then why can't a business hire skilled staff from overseas with no prior training budget? I'm sure COs would agree but the policy nongs make the rules from a position of no prior business experience.

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If the company has not spent any money on training staff I the last five years they are unlikely to meet the training requirement, irrelevant of the fact that they have not needed to spend money on training.

 

Thats quite intresting, I read on another forum about some guy trying to get his brother (a one man business) to sponsor him.

 

So if the business has not implemnted any training for local staff, would it be likely to be rejected?

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This was known as labour market testing but was removed from the ENS program many years ago.

 

 

 

Yes, training of Australian staff is required for both the 457 and ENS program.

 

 

 

This is required for the 457 program if the company cannot meet the Australian staff training requirement.

 

Yeah they kept reminding me how painful it was, I suppose there is good reason to stop rorts, backhanders and conflicts of interest.

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Thats quite intresting, I read on another forum about some guy trying to get his brother (a one man business) to sponsor him.

 

So if the business has not implemnted any training for local staff, would it be likely to be rejected?

 

 

 

This will depend on the circumstances and a number of factors such as:

 

· Which type of visa they are being sponsored for as the training requirements vary. For example RSMS has no training requirements for the nominating business;

 

· How long the business has been operating as there are different requirements for new businesses under the 457 program.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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This will depend on the circumstances and a number of factors such as:

 

· Which type of visa they are being sponsored for as the training requirements vary. For example RSMS has no training requirements for the nominating business;

 

· How long the business has been operating as there are different requirements for new businesses under the 457 program.

 

It was for ENS 121, seems pretty simple scheme just get a relative who owns a business for say 10 years to sponsor you.

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To qualify under the ENS program (and the 457 program) the Australian employer must show that they are up skilling their Australian staff and not simply importing skills from overseas.

 

If the company has not spent any money on training staff in the last five years they are unlikely to meet the training requirement, irrelevant of the fact that they have not needed to spend money on training.

 

Thanks Raul

 

We have been in the system since Nov 2009 under 175 visa then obtained SS from WA then tfrd to 176 for Hairdressing before all the changes. It would be difficult to grasp if my uncle is not allowed to sponsor due to red tape when for the last 2 years the goalposts are constantly getting moved.

 

The rules are idiotic. If he hasnt had to train anybody why would he spend money on training. Its like telling someone to purchase an anuual bus pass when they only drive a car !!

 

Cheers for the reply though you sort of backed up what we thought might happen. Another case of DIAc taking money and not doing anything about it.

 

Shane


Moving back home 29th March 2013

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