457 to PR

[pope6]

I've received sponsorship from a large construction & civil eng company (i'm a construction professional) and they're arranging the 457 visa at the moment. we're hoping to eventually convert the temp visa to PR and nationality. initially i'd assumed as long as everything went ok with the company and we didn't infringe any visa rules it would be a straightforward process to convert to PR after 2 years (can someone please confirm it is 2 years??). but i recently read that your profession stills needs to be on the current SOL when you apply for PR. if this is right (and it sounds common sense), then there is the chance that everything goes well professionally and socially, but at the end of the 457 we can't stay. is this right??

[Ozmaniac]

Assuming you would go for PR by being sponsored by the company for an 856 ENS visa, your occupation must be on the ENSOL (rather than the SOL) at the time you apply for the 856. The ENSOL (at least until now), hasn't been nearly as volatile as the SOL and if that continues, there's a good chance that if it's on the ENSOL now, it should still be on there two years from now, though of course it's impossible to say for sure.

Migration Regulations 1994 - Specification under subparagraphs 5.19(2)(h)(i) and (ii), 121.211(b)(ii), 856.213(b)(ii), paragraph 5.19(2)(i), sub-subparagraphs 121.211(b)(i)(A) and 856.213(b)(i)(A) - Employer Nomination Scheme - Occupations, Locations The current ENSOL

 

One more thing springs to mind from your question. If the employer is willing to sponsor you and if you get skills assessment and can meet the other visa requirements, there is no need to wait for 2 years before you apply for an 856. The 2 years really only applies if you want or need to do without skills assessment.

[pope6]

Thanks ozmaniac thats enlightened me no end.

 

do you know what is involved in the 856 skills assessment for construction/civil eng professionals? (interview? exam?)

 

due to differences in job titles between the uk and oz i'm not sure if i'd fall under VETASSESS or Engineers Australia. the job title on my employment offer is project manager. i'm working for the infrastructure division of a building & civil eng company, but have a construction management degree (graduated in 93). as you can probably appreciate there is a lot of crossover between civils and construction

 

thanks again

[Pumpkin]

Thanks ozmaniac thats enlightened me no end.

 

do you know what is involved in the 856 skills assessment for construction/civil eng professionals? (interview? exam?)

 

due to differences in job titles between the uk and oz i'm not sure if i'd fall under VETASSESS or Engineers Australia. the job title on my employment offer is project manager. i'm working for the infrastructure division of a building & civil eng company, but have a construction management degree (graduated in 93). as you can probably appreciate there is a lot of crossover between civils and construction

 

thanks again

 

You should read up on the descriptions to identify a specific occupation code which best fits what you do, this will then dictate which skils assessmemt process you should follow. be guided by job content rather than title.

[pope6]

thanks for your reply. fortunately its not an issue at the moment as i'm currently going with a 457 and the company has immigration advisors so i guess they'll sort it out. i was just wonerding about the mechanics of an assessment for a "professional" as against a "trade". i have read up on the different job codes but as i've got 20 years of fairly diverse experience i think i could fit into a few. the job contents are a bit generic. anyway i'll ask the immigration advisers when it comes to it. thanks again

[furkew]

As Ozmaniac mentioned, it might be an idea to check with your sponsor if they have no issues with offering ENS once you are here.

 

I dont expect it to be a problem if they are prepared to sponsor you from abroad in the first place, but it has been known for an employer not being prepared to go through the ENS route.

[pope6]

As Ozmaniac mentioned, it might be an idea to check with your sponsor if they have no issues with offering ENS once you are here.

 

I dont expect it to be a problem if they are prepared to sponsor you from abroad in the first place, but it has been known for an employer not being prepared to go through the ENS route.

 

thanks for your reply. yes both the company and us are on the understanding that i'll be making a permenant move, which ironically is why i satrted this post. i had thought that providing the company was happy with me (and me with them), that i was fairly certain to get the PR. then i read that my job still needs to be on the list at PR stage...which got me thinking what if i bought a house, settled in etc then my job was removed from the list. anyway i guess thats the risk....

[Pumpkin]

thanks for your reply. yes both the company and us are on the understanding that i'll be making a permenant move, which ironically is why i satrted this post. i had thought that providing the company was happy with me (and me with them), that i was fairly certain to get the PR. then i read that my job still needs to be on the list at PR stage...which got me thinking what if i bought a house, settled in etc then my job was removed from the list. anyway i guess thats the risk....

 

Unfortuantely it is a very common misconception that 2 years on a 457 automatically leads to PR. Don't know why as it is not even remotely true, you are not the first to think it and surely won't be the last. If your employer is happy about sponsoring for PR, I would encourage them to do so sooner rather than later.

[pope6]

Unfortuantely it is a very common misconception that 2 years on a 457 automatically leads to PR. Don't know why as it is not even remotely true, you are not the first to think it and surely won't be the last. If your employer is happy about sponsoring for PR, I would encourage them to do so sooner rather than later.

 

Thanks. yes i'll start looking into it at the earliest opportunity.

[Ozmaniac]

Thanks ozmaniac thats enlightened me no end.

 

do you know what is involved in the 856 skills assessment for construction/civil eng professionals? (interview? exam?)

 

due to differences in job titles between the uk and oz i'm not sure if i'd fall under VETASSESS or Engineers Australia. the job title on my employment offer is project manager. i'm working for the infrastructure division of a building & civil eng company, but have a construction management degree (graduated in 93). as you can probably appreciate there is a lot of crossover between civils and construction

 

thanks again

 

You should check the ANZSCO list of occupations to see which occupation best fits your skills and experience set. Each listing has a description of the type of work covered by that particular code. Make sure you confine yourself to looking at occupations on the ENSOL as the ANZSCO lists every conceivable occupation and many are not on the ENSOL and are therefore not eligible for nomination for a permanent visa.

http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/1220.0Contents0First%20Edition,%20Revision%201?opendocument&tabname=Summary&prodno=1220.0&issue=First%20Edition,%20Revision%201&num=&view=

 

Then go to the alphabetical ASRI list for links to the assessing organisation for the occupation:

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

 

Note that if you end up waiting the two years and go for sponsorship for an 856 based on your 2 years on the 457 without skills assessment, the nominated occupation must be the same one as was nominated for the 457. I'm fairly sure that if you take the skills assessment approach and go for an earlier 856, you can change nominated occupations - that's how I read the following 856 eligibility anyway:

http://www.immi.gov.au/skilled/skilled-workers/ens/eligibility-employee-subclass-856.htm

[pope6]

You should check the ANZSCO list of occupations to see which occupation best fits your skills and experience set. Each listing has a description of the type of work covered by that particular code. Make sure you confine yourself to looking at occupations on the ENSOL as the ANZSCO lists every conceivable occupation and many are not on the ENSOL and are therefore not eligible for nomination for a permanent visa.

1220.0 - ANZSCO - Australian and New Zealand Standard Classification of Occupations, First Edition, Revision 1

 

Then go to the alphabetical ASRI list for links to the assessing organisation for the occupation:

Australian Skills Recognition Information (ASRI)

 

Note that if you end up waiting the two years and go for sponsorship for an 856 based on your 2 years on the 457 without skills assessment, the nominated occupation must be the same one as was nominated for the 457. I'm fairly sure that if you take the skills assessment approach and go for an earlier 856, you can change nominated occupations - that's how I read the following 856 eligibility anyway:

Employer Nomination Scheme (Subclass 121/856)

 

 

thanks again for all your information. as i said i have an advisor and my sponsoring company has been through this before...so at the moment i'm happy to let them take the lead. i'm only really thinking about the mechanics of the next stage re:skills assessments for pr etc.

 

just so you understand where i'm coming from here are extracts from the 2 job descriptions from ENSOL

 

1)Construction project manager (vetassess) Plan, organise, direct, control and coordinate the construction of civil engineering projects....

 

 

2) civil eng (skills assessment :engineers australia)

Plans, designs, organises and oversees the construction and operation of……… civil engineering projects

 

thanks