How permanent employer sponsored program changes will work—a case study
Joselito* is a 34-year-old motor mechanic from the Philippines. He works for Car Tune car repair in Wagga Wagga. He has been working for his employer for the last two years as a subclass 457 visa holder. Car Tune’s manager has told Joselito the company would like to sponsor him for permanent residence.
Wagga Wagga is an eligible part of Australia for the Regional Sponsored Migration Scheme (RSMS).
Joselito can lodge his application before the reforms are introduced on 1 July and be considered against the current RSMS criteria. However, both the nomination and visa application would have to be lodged on or before 30 June.
A nomination lodged before 1 July can be linked to an application lodged after the reforms are introduced: however, the visa applicant will be considered against the new direct entry stream criteria for RSMS.
Joselito and his employer will benefit from the 1 July permanent employer sponsored reforms because:
- some criteria satisfied at the standard business sponsorship stage won’t be reassessed (for example, that the business is actively and lawfully operating)
- the nomination won’t need to be ‘certified’ by a Regional Certifying Body (RCB) saving the employer time and paperwork, and
- Joselito will be considered to meet the skill requirement because he has already proven his skills.
After 1 July 2012—Temporary Residence Transition stream
Because Joselito has been working for his employer as a motor mechanic on a subclass 457 visa for the last two years, he is eligible to apply for permanent residence through the Temporary Residence Transition stream.
This provides a streamlined and simplified pathway to permanent residence for eligible subclass 457 visa holders. It is being introduced in recognition of the important economic and social contribution these skilled workers make to Australia.
The application process will continue to have two stages: the employer nomination and the visa application. However, the employer will no longer need to seek the certification of an RCB. This means the department will process these nominations much more quickly.
From 1 July, to nominate Joselito for permanent residence, Car Tune will have to meet the following criteria:
- The job or position being nominated for permanent residence is consistent with the position the person held while on their subclass 457 visa.
- The position will continue to be available to the prospective migrant for at least two years on a full-time ongoing basis.
- The terms and conditions of employment are the same as any that would apply to an Australian.
- The employer has met the subclass 457 visa training requirement
Joselito will need to meet key visa criteria, including:
- being less than 50 years of age
- having vocational English language proficiency
At 34-years-old he meets the first criterion. Joselito’s English ability would have been assessed previously for his subclass 457 visa to be granted. He would be able to reuse these results as long as they continue to be valid. From 1 July, IELTS tests results will be valid for three years, rather than the current two years.
Joselito’s skills would not need to be assessed, because he has been employed in the role for two years and Car Tune wish to continue sponsoring him.
*This case study is fictional, and is being used for illustrative purposes only.
Comments are closed.
I am a New Zealand citizen living in Australia since 2003. I have got about total 6 years Australian experience as a Programmer and with my current employer about 17 months. Once I complete 24 months with my current employer, will I be eligible to apply under ENS category? Is there any exemptions for New Zealand citizen and what would be the minimum salary for New Zealand citizen.
Hi,
I am currently working as plant engineer in perth since. Jan 2011 on 457 visa.
My 457 was issued in jan 2011.
I worked for 5 months wih one employer and then working for another employer for last 11 months.
My current employer is ready to sponser my PR visa application.
I have positive skill assessment in ANZSCO 233513 skill level 1.
Relevant exp of 5 years, assessed by Engineers Australia.
I have IELTS valid till Aug, 2013 with minimum of 6 band in each module.
Can you please let me know, where do i stand with new migration law changes?
Thanks & Regards,
Raj
Am i eligible for direct entry scheme in ENS category?
Hi
Is it possible a person can be sponsored by a state and territory governments under RSMS (187 scheme) without a sponsorship offer from an employer?
Thank you,
Jun
HI
i am working as a cabinet maker more than 3 years under same employer and company want to sponser me so i can work full time. i am holding visa 572 and i have got no study in cabinet making can you plz tell me any pathway and which visa will suit me.
regards
r
Hi Rajbir,
Thank you for your question, however, the department is unable to provide any advice on your visa options and your circumstances.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
Hi Mei Hoong,
Im on my 457 visa for nearly 4 years now, worked with my first employer for 3 years and nearly a year now with my current one. Do I still have to wait for another year granted ive been working for the last 4 years now in AU? total years of professional experience is over 9yrs.
Would appreciate if you could clear this one for me.
Hi Dec,
Thank you for your question.
For a holder of a subclass 457 visa to be eligible to apply for permanent residence through the Temporary Residence Transition stream they need to have worked for at least two years with their Standard Business Sponsor (SBS) and their employer needs to nominate them for permanent residence in the same occupation within their business.
For this reason, you are not be eligible to apply for an Employer Nomination Scheme or Regional Sponsored Migration Scheme visa through the Temporary Residence Transition stream.
However, you are eligible to apply for an ENS or RSMS through the Direct Entry stream.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
Thanks for the response Mei Hoong.
Direct Entry stream states “Choose the Direct Entry stream if you have never, or only briefly, worked in the Australian labour market and have not held a subclass 457 visa for the last two years, or if you are applying directly from outside Australia” it says BRIEFLY, Ive been working here in AU for about 4yrs, i dont understand why i couldnt apply for the temporary stream. worked long enough here in au and i believed ive proven enough of myself in an australian workplace.
Hello,
I ‘m living oversea and I would like to apply for a permament visa
Employer Nomination Scheme (Subclass 186)
I have an ANZSCO qualification ( Skill Level 1).
Can I’m eligible to apply for the Direct Entry stream ?
Thanks
Best Regards
Michael
Hi Michael,
Thank you for your comment.
You are eligible to apply for an Employer Nomination Scheme (subclass 186) visa or a Regional Sponsored Migration Scheme (subclass 187) visa if you are outside Australia.
If you intend to apply through the ENS Direct Entry stream you will need to be nominated in an occupation on the Consolidated Skilled Occupations List, which is now available on the department’s website http://www.immi.gov.au/skilled/general-skilled-migration/pdf/occupations-csol.pdf
If you intend to apply through the RSMS Direct Entry stream you will need to be nominated in an occupation classified at skill level 1 to 3 by the Australian and New Zealand Standard Classifications of Occupations, which can be found on http://www.immi.gov.au/employers/anzsco/
In addition, you must then meet the age, English language ability and skills requirements for the ENS or RSMS visa.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Hope this information is helpful.
Mei Hoong
Hi,
I am planning to apply for Regional Employer Sponsorship,i am currently on Skilled Graduate Visa till 2013 July, and current IELTS going to expire on 7/2012 my question is that according to the new rules my current IELTS is still valid for 7/2013 right ?? !! but some Lawyer said that ” you have to show the IELTS test was conducted in the 3 years immediately before the day on which the application was made.” and advice me to re-sit for IELTS.!!is this the same thing or i translated it wrong. I am really confuse..
And also do i still need to go through RCB for this Spnsoreship,i started as Casual and currently on full-time for about 3/4 month.
Thank you so much for this blog.
kind regards,
guro
Hi Guro,
Thank you for your questions. IELTS tests scores are valid for three years. For example, if the result from your IELTS test is dated 1 July 2012 then it will expire on 30 June 2015.
From 1 July 2012, the role of the Regional Certifying Body (RCB) is only part of the Regional Sponsored Migration Scheme (RSMS) Direct Entry stream process. A nomination made under the RSMS Direct Entry stream cannot be approved by the department unless an RCB has provided their advice in regard to the application.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
how does it work if you have worked for an employer for 1 year on 485 and another on a 457 doing the similar nominated occupation?
can you apply using the Temporary Residence Transition stream or the Direct Entry stream?
Hi Timmy,
Thank you for your question.
You are eligible to apply for an Employer Nomination Scheme or Regional Sponsored Migration Scheme visa through the Direct Entry stream. You would not be able to apply through the Temporary Residence Transition stream because you have not worked for your employer in your nominated occupation for the last two years on a subclass 457 visa.
Hope this information helps.
Mei Hoong
Hello.
I was working under 457 over 2.5 years. Now different employer want to hire me to the similar job position. Is it possible to do? Do i need to get 457 visa again, or i can apply to Permanent Residency?
I was going apply to 856 visa, but it seems that this visa does not exist any more.
Thanks,
Dmitrij
Hi Dimitrij,
Thank you for your question.
The Employer Nomination Scheme (Subclass 856) visa is now closed to new applications. It has been replaced with the Employer Nomination Scheme (Subclass 186) visa.
Two new permanent employer sponsonred visas were introduced on 1 July 2012. They are the Employer Nomination Scheme (Subclass 186) visa and the Regional Sponsored Migration Scheme (Subclass 187) visa. Each visa has three streams.
• The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last two years and the employer wants to offer them a permanent position in that same occupation.
• The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 for at least the last two years or are applying directly from outside Australia.
• The Agreement stream is for applicants who are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.
If a new employer wants to nominate you for permanent residence, you are eligible to apply for an ENS or RSMS visa through the Direct Entry stream.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
Hi Mei,
Thank you for your replay.
You saying, what I’m eligible to apply for an ENS visa through the Direct Entry stream. But this stream is for a peoples, who have not held a subclass 457 for at least the last two years or are applying directly from outside Australia.
I’m currently in Australia, does that mean, i will need to fly away from the country first?
Thanks,
Dmitrij
hi,
I am gathering my doc to apply RSMS as my employer willing to sponsor me to be permanent resident, I have worked for 2 years with the company, and I hold 886 at the moment waiting for my visa granted…, but we decided to apply RSMS
with the new rules ,am I will go with direct entry stream requirements or Temporary Residence Transition stream?
thanks
Hi Fenn,
Thank you for your question.
Under the reformed program you are eligible to apply for an Employer Nomination Scheme (subclass 186) visa or a Regional Sponsored Migration Scheme (Subclass 187) visa through the Direct Entry stream.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
Hi Mei Hoong,
I hold an occupational trainee visa subclass 442 and will mark my two years anniversary working with my company in Canberra in December 2012. My visa will expire at the end of Jan 2013. My visa was previously sponsored by my company. Which stream can I apply to?
Since the temporary transition stream is only for 457 subclass, although I would have two years experience, I would not be able to apply for this stream. The direct entry stream is for untested market which does not reflect my condition since I have worked here in Australia. Or would an agreement stream be more suitable since I have a contract to work a further two years with my company after I receive my accreditation in November 2012. Please clarify the requirement and documents needed for agreement stream.
How long would it take to get invited after EOI? I am worried that I would not be able to get the invitation in time to apply for the visa and receive a bridging visa to continue working since I can only apply in Dec 2012. Please advise.
Many thanks,
Jade
Hi Jade,
Thank you for your question. You are correct. Unfortunately, you will not be eligible to apply through the Temporary Residence Transition stream. However, you are eligible to apply through the Direct Entry stream for an Employer Nomination Scheme or Regional Sponsored Migration Scheme visa.
The Direct Entry stream is for applicants who are not eligible to apply for either of the other streams. That is, applicants who are outside Australia, are in Australia but do not currently hold a subclass 457, or do but have not held it for the required two year period, or applicants who are not being sponsored under an Agreement.
The Agreement stream is for applicants who are being sponsored by an employer through a labour or regional migration agreement which provides a permanent residence option. An employer would first need to enter into a labour agreement or regional migration agreement with the government, which could take approximately 6 months to negotiate.
I can not give an indication of when you will be invited to lodge a visa application, as this will depend on whether your skills match the needs of an Australian employer.
I hope this information helps.
Mei Hoong
My second question was, how long will my EOI be valid for once its lodged, the FAQ says 2 years after lodging, but lets say in my situation, where I get a positive skill assessment from TRA by 2013 april, I cannot be considered for points related invitation till april 2013. Suppose I submit an incomplete EOI now, does that mean, my EOI expires by July 2014 (2 years from when its applied)? OR April 2015 (2 years from when its complete).
presently i am getting a score of 55 without my skill being assessed by TRA, suppose i choose to apply for ens/rsms and 489, do u think my EOI will be visible to potential empoyer and states and territory?
and, regarding the English testing, my nominated occupation is a trade, but can I submit my OET result instead of IELTS, if my OET score is more than that of IELTS, that is in case my highest education qualification qualifies me to sit for OET.
Hi Logan,
Thank you for your comment.
You are correct. An Expression of Interest (EOI) is valid for two years, which is calculated from the time of commencement. To make an EOI through SkillSelect is free of charge and you will be able to update your details at any time once it has been submitted.
Your EOI will be ranked according to your skills and qualifications, and you will be invited to make a visa application when you are found to be suitable for a position by an Australian employer, including state and territory governments.
Applicants who apply through the permanent Employer Sponsored visa program are required to show that they have the required English language proficiency for the visa they are applying for, or be exempt:
• For the Direct Entry stream, applicants are required to demonstrate they have competent English or an equivalent IELTS test score with a minimum score of 6 in all test components
• For the Temporary Residence Transition stream, applicants are required to demonstrate they have vocational English or an equivalent IELTS test score with a minimum score of at least 5 in all test components
In addition to achieving the required International English Language Test Score (IELTS) applicants can show that they meet the English language criteria by:
• obtaining a score of at least ‘B’ in each component of the Occupational English Test (OET)
• holding a passport for the United Kingdom, the United States of America, Canada, the Republic of Ireland or New Zealand.
To be considered exempt from the English language requirement an applicant must be:
• nominated as a Minister of Religion by a religious institution
• have nominated earnings at least equivalent to the current Australian Tax Office top individual income tax bracket
• applying through the Temporary Residence Transition and they have completed at least 5 years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English.
Mei Hoong
What is the path way for graduated TAFE students wiht Certificate III and Diploma? Because 457 and RSMS both require 2 years of on-the-job training for Skill Level III occupations.
Hi Bill,
Thank you for your question.
Unfortunately, the Department is unable to offer any advice to you on which visa you should apply for, however, I can provide you with some general information which may assist you.
For an Employer Nomination Scheme or Regional Sponsored Migration Scheme Direct Entry stream visa to be approved you will need to meet the relevant skill requirement.
For the ENS Direct Entry stream your nomination occupation must be included on the Consolidated Skilled Occupations List (http://www.immi.gov.au/skilled/_pdf/sol-schedule1-2.pdf), you will need to provide a positive skills assessment from the relevant skills assessing authority and demonstrate that you have at least three years relevant work experience.
For the RSMS Direct Entry stream your occupation must be classified at skill level 1 to 3 by the Australian New Zealand Standard Classifications of Occupations (ANZSCO) (http://www.abs.gov.au/AUSSTATS/abs@.nsf/0/7437179C7B7C1EEECA2575DF002DA5D8?opendocument). The skill requirement you will need to meet will depend on your nominated occupation. If your nominated occupation is classified as a trade occupation, and you obtained your qualifications outside of Australia you will need to provide evidence of a positive skills assessment. In any other case you will need to show that you have the skills and qualifications for your occupation as listed in the ANZSCO.
I strongly recommend that you visit the department’s website on http://www.immi.gov.au/visawizard/ to explore your visa options.
Mei Hoong
hi, i had a situation that i would like to clarify, i am a trade person who qualified in australia on nov 2011. at the moment i am on bridging A awaiting 485, in the mean time i am undergoing TRA job ready program that will have a positive outcome by april 2013. i have been working part-time in my trade even when i was a student. now my question was, by the time i finish my JRP next yr, i will have about 3 yrs of experience, including the work experience during my studies. will all the work experience qualify me for direct entry stream into ENS, assuming other criterias are met, like age, ielts level, and employer willing to sponsor.
looking forward to hearing from you and thankyou for you reply in advance.
Hi Logan,
Thank you for your comment.
If you are applying for an Employer Nomination Scheme visa through the Direct Entry stream you need a satisfactory skills assessment from an Australian assessing authority which is specified for your nominated occupation and you have at least three years post-qualification work experience in your nominated occupation.
The three years work experience must be full-time employment prior to the date of lodgement of the application. A position to qualify as full-time must have been a minimum of 35 hours per week. The period of work does not have to be immediately prior to lodgement or be a continuous period and you will need to provide evidence to demonstrate this.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program, I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
Helllo,
I have been working in Australia for last 30 months as a doctor under 457 visa with 2 different employers.currently I am working in central coast.I have forwarded my nomination for RSMS after it was certified by central coast regional development authority on 20th of June.
I was waiting for nomination to get approve by parramatta centre of excellence.
What will happen to my nomination and what I have to do next?
Thank you
Hi Sam,
Thank you for your comment.
As stated in previous blog responses, all nominations or visa applications lodged on or before 30 June 2012 will be considered against the old provisions and all new nominations or visa applications lodged on or after 1 July 2012 will be considered against the new reforms.
If you lodge your RSMS visa application on or after 1 July 2012 with an associated ‘old’ nomination, your visa application will be assessed under the RSMS Direct Entry stream.
Mei Hoong
After 1 july we need ielts as well for regional sponsorship or not
If yes how many bands we required
Hi Taranjot,
Yes, you will need to provide evidence of your English language ability to meet the English language requirement for a Regional Sponsored Migration Scheme (RSMS) visa. One of the ways you can demonstrate your proficiency in English is by providing valid IELTS test results.
If you apply for an RSMS visa:
• through the Direct Entry stream, you must have competent English or an equivalent IELTS score with a minimum of 6 for all test components; or
• through the Temporary Residence Transition stream, you must have vocational English or an equivalent IELTS score with a minimum of 5 for all test components.
Mei Hoong
Hello there,
I am on 485 visa and I have been working in Australia on my nominated skill since 1 year and 6 months plus I do have my overseas experience 3 years.I have all my skill assessment done.
I am a Medical Laboratory Scientist by profession and I have found a new job in Albury(NSW) and employer is ready to sponsor me.
What are my possibilities to get my PR application launched?
it would be really great if you could advise me with a reply.Thank you
Hi Albin
You will be eligible to apply for an Employer Nomination Scheme or a Regional Sponsored Migration Scheme visa through the Direct Entry stream.
The occupation Medical Laboratory Scientist is an eligible occupation listed on the Consolidated Skilled Occupations List.
Please see an earlier response to a post provided by Nathan for the visa requirements under the Direct Entry stream.
Hope this information helps.
Mei Hoong
Hi. I am working in macdolads as a crew member in Canberra . Soon my management will start. My owner wants to sponsor me. Can I apply rsms visa. I had done cert-III in cookery. Now I am on tr. Thanks
Hi Aayu,
Thank you for your question.
To be eligible to apply for an RSMS visa through the Direct Entry stream, you must be nominated for an occupation classified at skill level 1 to 3 by the Australian and New Zealand Standard Classifications of Occupations (ANZSCO).
As an employee of McDonalds your eligibility to apply for an RSMS visa will be determined by the specific position you are nominated to fill.
There are a variety of roles that could be nominated by a fast food business. Each of these roles would be related to a different ANZSCO code. As an example, Fast Food Cooks (851111) are classified by ANZSCO as skill level 5. Skill level 5 occupations are considered to be semi-skilled and would not be eligible for the RSMS.
Hope this information helps.
Mei Hoong
I am currently in Australia and have been working for an IT company in melbourne as a Programmer Analyst (which is on SOL) for 2 years and i have my skills assement verification completed with a positive result.
My overall experience is 5 years in the same/relevant to the same Occupation.On calculation of points I get 55 Points.
I have an IELTS General Training score of 6.5 in reading and above 7 in other sections..
My age is 26 and I have an Indian passport and am currently living/working in uastralia on an Visa-457.. I am single ..
I also have an admissions offer from University of New south Wales (AGSM MBA). This program is 16 months long and starts in Feb 2013 and I would like to study at that time and be able to continue work full time in australia after the study is completed
My objective to get a single permanent residence visa that allows for both study and work.. Old categories before july1st allow for it but the visa categories under skillselect all mention only about live and work (visa -186/187/189/190)
My question – after july1st 2012, Is there a single visa for permanent residency which allows for both working / studying ??
or
should I try to get 2 visas at the same time / is this allowed to get one visa for permanent work under skill select (like Visa 189/190/186 and another visa to study like visa 573 ??
or
Should i continue on 457 till Jan 2013 and apply for student visa and then again at the end of MBA course again apply for 186/189 under skill select ??
greatly appreciate the time you have spent to address my query..thanks..
Hi Ohm,
Thank you for your questions.
Unfortunately, the department is unable to provide any advice on visa options and your circumstances. However, I can provide some general information to your questions.
Currently, most temporary visas have conditions attached to them which allow non-citizens to work and study in Australia. There are temporary visas that may allow unrestricted study rights, some only allow 3 months study and others may not allow you to study at all in Australia.
You are able to check your visa entitlements through the department’s Visa Entitlement Verification Online system http://www.immi.gov.au/contacts/forms/evo/ or call the general enquiries line on 131 881.
If you are granted permanent residence visa you will be able to live indefinitely in Australia and entitled to unrestricted work and study rights.
You are unable to hold two valid Australian visas at any point in time, whether it is a temporary or a permanent visa. If you hold a valid visa and was later granted another type of visa, the last one granted to you would be the one you will hold until it expires.
Hope this has helped.
Mei Hoong
I am under 457 visa for almost 4 years now. Unfortunately, I have turned 50 years old this year.
Under the new rules, can my employer still sponsored me for ENS?
My employer told me that effective 1st July DIAC is no longer accepting exceptional circumstances and this include employee more than 49 years old. Is this true?
Thanks.
Hi Enzo,
Thank you for your question.
If you are applying for an Employer Nomination Scheme (Subclass 186) visa or Regional Sponsored Migration Scheme (Subclass 187) visa under the Temporary Residence Transition or Direct Entry stream you must be less than 50 years of age, or be exempt.
The follow people will be considered exempt from the age requirement for the Temporary Residence Transition stream:
- People who are nominated as Ministers of Religion by a religious institution.
- Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2, who have been nominated by Australian government agencies.
- Senior academics employed by a university in Australia
- People who hold a subclass 457 visa, who have worked for the nominating employer for at least the four year period before applying, and have been paid at least at the Fair Work High Income Threshold (FWHIT). From 1 July 2012 the FWHIT will be AUD123 300.
For the Direct Entry stream, the following persons are exempt from having to satisfy the age requirements:
- Ministers of religion nominated by a religious institution.
- Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2, who have been nominated by Australian government agencies.
- Senior academics employed by a university in Australia
I hope this information helps.
Mei Hoong
Hi
Thank you so much for this informative post.
I have read that the changes in the Sponsored migration scheme would also affect the offshore-onshore basis of the visa. I’m a permanent resident in Australia, but my partner is on a 457 visa, still. He has been working in the same company under this visa for 3 years now. He wanted to apply for permanent residency with his dependents all at the same time but his dependents are still back home (Philippines). If he applies for his permanent visa now under the new law, can he still include his dependents under his application even though they are not yet in Australia. Or does he have to wait for them to be in Australia so that he can include them in the application?
I would very much appreciate a response. Thank you so much.
Hi Enna,
Thank you for your question.
People who apply for an Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (Subclass 187) visa from 1 July 2012 may include members of their family unit in their application.
As part of the reforms the location at time of application requirements are being removed. This means that applicants who are currently in Australia and have migrating family members overseas will not be bound by the legislative requirements of having to be in Australia or outside Australia at the time of visa lodgement or decision.
This means that it will be possible for your partner to lodge his ENS or RSMS visa application, including all dependents, while he is in Australia and they are overseas. In addition, your partner and his dependents could be in or outside of Australia when his visa is decided.
I hope this information helps.
Mei Hoong
hi
if new business want to sponsor someone but they aren’t getting any profit, can they still sponsor.
thanks
Hi Roop,
Thank you for your question.
Businesses that are ‘new’ and have been in active operation for less than 12 months must demonstrate that their business has been actively operating for a period of at least 6 months before lodging the employer nomination.
Hope this information helps.
Mei Hoong
Hi I am currently working as a bricklayer in Perth. I am on a second year working holiday visa which expires at the end of nov 2012. My current employer is willing to sponsor me but wants to continue with ABN number and not put me on tax file number. Is it possible to do this and do I need to get my skills assessed? I’d also be happy if you could provide any other information you think is necessary please. Thanks
Hi Stephen,
Your question regarding Tax File Numbers relates to the Australian Taxation Office, it is best if you contact them or seek further information through the ATO website http://www.ato.gov.au/individuals/pathway.aspx?pc=001/002/001&mfp=001/002&mnu=42807
Brick layer is an eligible occupation listed on the Consolidated Skilled Occupations List (CSOL) and is classified at skill level 3 by the Australian and New Zealand Standard Classifications of Occupations (ANZSCO), therefore, you are eligible to apply for an Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa through the Direct Entry or Agreement stream. Because you are not the holder of a subclass 457 visa you would not be able to apply for an ENS or RSMS through the Temporary Residence Transition stream.
To see if you meet the other visa requirements for an ENS or RSMS visa, please visit the department’s website on http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Mei Hoong
i just got my 457 visa last year in november 2011 and working as a customer service manager. i got 3 years part time experience with same company. i live in Melbourne and my employer is happy to sponsor me anytime for PR.just wondering when i can apply for PR and also customer service manager occupation is not in PR list (just in 457 SOL list). so under which occupation my employer can sponsor me.do i need to work on 457 visa for two year?Any advise is appreciated.
Regards
Jesse
Hi Jesse,
Thanks for your question. A person in your circumstances has a number of options to apply for permanent residence through the permanent employer sponsored program.
As a subclass 457 visa holder, you will be eligible to apply for an ENS or RSMS visa through the Temporary Residence Transition stream once you have worked for two years with your employer in your nominated occupation as a subclass 457 visa holder. Your employer will need to have a full-time position for at least two years for you in your current occupation.
If you cannot meet the requirements for the Temporary Residence Transition stream, for instance you do not have two years employment history with your employer on a subclass 457 then you maybe able apply for permanent residence through the Direct Entry stream.
For the Direct Entry stream your nominated occupation must included on the Consolidated Skilled Occupation List (CSOL). Your occupation as Customer Service Manager (Code: 149212) is currently listed. You must then satisfy the requirements for the ENS or RSMS Direct Entry stream if you apply.
If you are interested in investigating your permanent residence options through the permanent employer sponsored program I I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Mei Hoong
Hi there,
I just wanted to ask if I find a good job that pays over 65k would i be able to get sponsored from my employer or how does it work when the salary is pretty good ?
Your answer would be appreciated!
Regards,
Mateo
Can a holder of a subclass 457 visa only apply for PR after 2 years? We are on a 4 year subclass 457 sponsored visa but my husband will turn 50 at the end of next year? What are the chances of him being denied a PR visa due to being over 50?
Hi Pamela,
Thank you for your question.
I believe that your questions have been answered in response to other comments on the blog, I encourage you to look at responses that I have provided to other posts.
Mei Hoong
Hi Mei,
I am glad to see this blog post so that we can clear our any query. Thanks for this.
I am questions are – I am currently on 457 visa and working for Australian Employer.
In case, my employer is not willing to sponser my Permanent Residency.
After 1 July, would I be able to apply for PR by myself, if yes then under which visa stream ?
Also will I need to assess my skills as well being on 457 visa ?
and what IELTS score would be needed ?
Please advise me on my aboue questions.
Many Thanks
Rajeev Kumar
Hi Rajeev,
Thank you for your comment and support.
To be eligible to apply for a permanent Employer Sponsored visa, you must have an Australian employer that is willing to nominate you for a position in their business.
If you do not have an Australian employer that is willing to sponsor you, then you may wish to explore Independent Skilled Migration visa options.
To consider the different types of visas available please visit the department’s website on http://www.immi.gov.au/visawizard/
If you apply for an ENS visa through the Temporary Residence Transition stream your employer will need to nominate you for a full-time, skilled position within their operations. You will need to have worked with that employer for at least two years as the holder of a subclass 457.
Under the Temporary Residence Transition stream you will be deemed to have met the skill requirement because your skills will have already been proven in the two years or more on a subclass 457 and your employer continues to want to sponsor you in the same occupation for permanent residence.
You will also need to have at least vocational English or an equivalent of IELTS test score 5 for all test components to meet the English language ability requirement under the Temporary Residence Transition stream.
Mei Hoong
Inquiry:
*i entered Australia (SA) on 5/2/2012 on 475 VF visa, i found a job in my career and started to work from 29/2/2012 and my employer lodged a nomination to sponsor me on approx. 15/6/2012 and i expect the reply will be after 1/7/2012.
*should i continue the second step as i recive that ENS nomination approval and apply for 856 permenant resident visa? or what should i do?
please advise, Thanks
Hi Michael,
Thank you for your questions.
Unfortunately, the department is unable to provide any advice on your circumstances.
However, all employer nominations or visa applications lodged on or before 30 June 2012 will be considered against the old provisions and all new employer nominations or visa applications lodged on or after 1 July 2012 will be considered under the new provisions.
Any new visa applications lodged on or after 1 July 2012 with an associated ‘old’ employer nomination will be considered against the Employer Nomination Scheme or Regional Sponsored Migration Scheme Direct Entry stream.
Hope this information helps.
Mei Hoong
Hi Mei,
I am waiting for my 485 visa. I am currently on Bridging A. Meanwhile i got a job as a graduate in my related field. what do i need to do because my boss want to give me a sponsorship.
How much minimum pay criteria?
I even got a job in my field but still point system and immigration policies are complex for me inorder to apply PR or work visa so that i can concentrate on my job.
I am a Network Engineer.
Plz Help
Thanks
Osman
Hi Osman,
You may be eligible to apply for the Direct Entry stream of the Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS) provided you meet the requirements of the stream.
The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last two years or are applying directly from outside Australia.
Employers who apply through the ENS and RSMS Direct Entry stream will need to demonstrate the prospective migrant will be paid the ‘market rate’. That is, the nominee’s terms and conditions of employment will be the same as an Australian employed in the same position in the same location.
Visa applicants applying under the ENS Direct Entry stream will need to:
• provide a positive skills assessment and have at least three years of relevant prior work experience, unless they are exempt
• be less than 50 years old, unless they are exempt
• possess competent English that is equivalent to a score of six in each of the IELTS test components, unless they are exempt.
Those applying under the RSMS Direct Entry stream will need to:
• have relevant skills and qualifications. Minimum qualification levels will be determined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO) skill level 1–3. Trade occupations at skill level 3 will require a positive skills assessment by the relevant assessing authority if they do not hold an Australian qualification
• be less than 50 years old, unless they are exempt
• demonstrate competent English that is equivalent to a score of six in each of the IELTS test components, unless they are exempt.
More information is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Nathan
dear sir,
my enquiry is about if a person s already lodged rsms before 1st july and he get his visa grant after new rules are in…
so the applicant has to go according to new rules means in rsms the new implement is that rsms grant holders after july dont have to be offshore if they are applying frm australia by itslef.(according to new rules)
thax in advance
Hi Sam,
Thank you for your comment.
Any application that was lodged before 1 July 2012 that has not been decided will continue to be processed and considered against the pre-1 July 2012 legislation. This means if the applicant is outside Australia at the time of lodgement they must remain outside Australia at time of decision.
Any visa application lodged after the reforms which is associated with an old nomination will be considered against the new ENS or RSMS Direct Entry stream requirements. This means that the existing in and outside Australia requirements will no longer be in place.
More information is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Nathan
Hi
I already complete 1 year of my 457 tr visa as chef,, if i want to apply for permanent residence what to do ??
Hi Sam,
Thank you for your comment.
Depending on how long you have held your subclass 457 visa you may be eligible to apply for permanent residence through the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) under the Temporary Residence Transition stream or Direct Entry stream.
You may be eligible to apply for the Temporary Residence Transition stream after two years provided you meet the requirements for this stream. The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last two years in the nominated occupation and the employer wants to offer them a permanent position in that same occupation.
You may be eligible to apply for the Direct Entry stream provided you meet the requirements for this stream. The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last two years or are applying directly from outside Australia.
More information is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Nathan
If a person is already working on 457 visa…from last One year and he has three years of visa left. Which procedure he should go for getting permanent residence.
Hi Amar,
Thank you for your comment.
Depending on how long you have held your subclass 457 visa you may be eligible to apply for permanent residence through the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) under the Temporary Residence Transition stream or Direct Entry stream.
The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last two years in the nominated occupation and the employer wants to offer them a permanent position in that same occupation.
The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 visa for at least the last two years or are applying directly from outside Australia.
More information is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Nathan
At a moment I’m international student , and I’m doing part time job with sheet metal trade, but I didn’t study for sheet metal in Australia , and t I have experience from my home country for sheet metal, so can I get employer sponsor for this trade to get work visa or permanent residency
Hi Satwinder,
Thank you for your comment.
You may be eligible to apply for permanent residence through the Direct Entry stream of the Employer Nomination Scheme (ENS) or the Regional Sponsored Migration Scheme (RSMS) provided you meet the requirements of the stream.
Those applying under ENS Direct Entry stream will need to:
• provide a positive skills assessment and have at least three
years of relevant prior work experience, unless they are exempt
• be less than 50 years old, unless they are exempt
• possess competent English that is equivalent to a score of six in
each of the IELTS test components, unless they are exempt.
Those applying under the RSMS Direct Entry stream will need to:
• have relevant skills and qualifications. As sheet metal
tradesperson with overseas qualification you will need to provide
positive skills assessment from the relevant assessing authority,
or be exempt.
• be less than 50 years old, unless they are exempt
• demonstrate competent English that is equivalent to a score of
six in each of the IELTS test components, unless they are exempt.
More information is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Nathan
During the recent Migration Sessions conducted in Perth around the changes to the ENS visa schemes I asked the specific question about the IELTS results being valid for 3 years on the employer sponsored PR visas and was told that only applied to the SkillSelect applications for what is currently a GSM.
As per this blog above – you say that IELTS is now valid for 3 years on RSMS and ENS applications under Transitional arrangements or Direct Entry.
Can you please confirm that IELTS results are now valid for 3 years for the purpose of an ENS and RSMS application through direct or transitional schemes?
Hi Susan,
Thank you for your comment.
The International English Language Test Score (IELTS) validity period of 3 years applies Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) applications as well as General Skilled Migration application.
Regards,
Nathan
I am the secondary applicant on ENS (Subclass 186) that will be logged after July 1.
What options are available to me to prove my efficiency in English other than IETLS. I am from India, however I have received all my education in English. Do I need to get my certificates verified my an authority.
Secondly, whilst there is an obligation for the employer to continue to have the position to the prospective migrant for at least two years on a full-time ongoing basis are then any obligations on the employee?
Thanks
Bijal
Hi Bijal,
From 1 July 2012, family members who are 18 years or older included in the application for an Employer Nomination Scheme (Subclass visa 186) or a Regional Sponsored Migration Scheme (Subclass 187) visa will need to satisfy a functional level of English.
Some methods of demonstrating this level of English language proficiency include:
• having an IELTS score of least 4.5 for each of the four test components (speaking, reading, listening and writing).
• obtaining an Occupational English Test score which is at least equivalent to an average IELTS test score of 4.5
• providing evidence that you have been assessed by an Adult Migrant English Program provider in Australia as having functional English;
• completing at least five consecutive years of full-time study in a secondary and/or higher education institution where all the tuition was delivered in English; or
• being the holder of a current passport from the United Kingdom, United States, New Zealand, Canada or the Republic of Ireland.
Family members who are 18 years and who do not have a functional level of English will be required to pay the second instalment of the Visa Application Charge.
Regards,
Mei Hoong
Hello sir,
I am in Australia from 10 june 2011, on student visa doing masters in professional accounting. I gave my IELTS on 22 feb 2011, and I want to apply for PR next year when my course ends in June 2013. Can u please tell me that do I need to give IELTS again as if I apply for my PR in June or July 2013? I had a score of 7 each.
I also wanted to ask that if I finish my course in fast track, it will end up in 15th feb 2013 but my result will b out on 27th of feb 2013… So if I apply in between 15th feb 2013 and before 22 feb 2013… Do I still have to give my IELTS. And can I put my EOI before my results are out so that I can use my same IELTS score which I currently have???
Hi Ziniya,
IELTS tests scores are valid for three years. If your IELTS test results were issued on and dated 22 February 2011, then they will be valid until 21 February 2014.
Regards,
Mei Hoong
Dear
I am on student visa living and studying in perth frim last 4 years. Have done Diploma in management and Cert II in welding & fabrication. Getting completion letter from intitute in Cert III in welding & fabrication soon.
Just want to know that currently working part time in fabrication shop as a welder. And employer wanted to sponser me and take me full time.
What will be the next step for me. Can you please advise.
Thanks a lot
hi harpreet.
i m in same condation too doing sheet metal job and already got cert II ,would u please let me know where you are doing cert III?i am also in perth and want to do cert III.thanks
Hi Harpreet,
Thank you for your question.
Your next step would be to consider whether you are eligible to apply for an Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa through the Direct Entry or Agreement stream. Because you are not the holder of a subclass 457 visa you would not be able to apply for an ENS or RSMS through the Temporary Residence Transition stream.
For the ENS Direct Entry stream your nominated occupation must be included on the Consolidation Sponsored Occupation List. You will also need to meet the age, skill and English language requirements.
For the RSMS Direct Entry stream your nominated occupation must be classified at skill level 1 to 3 by the Australian and New Zealand Standards Classification of Occupations. You will also need to meet the age, skill and English language requirements.
If you are applying under the Agreement stream you will need to be nominated in accordance with a negotiated labour or regional migration agreement.
More information is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Mei Hoong
I have been on a 457 visa for one year, and 11 months on a labour agreement. I have been advised the following:
Before 1/7/2012, people sponsored for a 457 under a labour agreement are able to apply for an ENS or RSMS visa in the same way as any other 457 visa holder.
However, under the new system, such applicants will not be able to apply under the concessional Temporary Residence Transition stream like other 457 holders.
Since my two years on the 457 does not occur until the beginning of August I am very concerned
Can you possibly tell me whether this change will happen?
thanks
Hi John,
Thank you for your question.
As the holder of a subclass 457 visa that was granted under a Labour Agreement you will not be eligible to apply for permanent residence through the Temporary Residence Transition stream of the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS). This is because this stream is limited to employers who are employer subclass 457 visa holders on the basis of a Standard Business Sponsorship.
However, people who are in working in Australia as the holder of a subclass 457 visa that was granted under a Labour Agreement can still apply for, and be granted, permanent residence through the ENS or RSMS. They have two options:
- They can apply through the Agreement stream of the ENS or RSMS if their employer’s Labour Agreement offers a permanent residence option; or
- Their employer can nominated them through the Direct Entry stream of the ENS or RSMS.
If you would like further information on permanent employer sponsored program and the various visa streams I strongly recommend that you download booklet 5 from the department’s website. See: http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/#more-information.
Hope this information has been helpful.
Mei Hoong
hi there ,
i am on 457 work visa which is going to expire on 1th july , i had already applied for RSMS visa on 15 th june , so i was wondering about my work right on bridging visa which i will be on after 11th of july , if i dont get my RSMS visa by then .
thanks
a.kumar
Hi A. Kumar,
Thank you for your question.
Firstly, there are several kinds of bridging visas.
A Bridging visa (BV) A is usually automatically granted to you when you hold a valid visa and you make a further visa application while you are in Australia. A BV allows you to remain lawfully in Australia while you wait for an outcome on your visa application.
The visa entitlements imposed on your BV A will usually be the same visa entitlements as the last visa held, such as your subclass 457 visa.
If you intend to travel outside of Australia while you are holding a BV A you will need to apply for a BV B.
If you hold a BV C, D or E, there are usually visa entitlements that are non-standard that can be imposed by a decision-maker from the department.
You are able to check your visa entitlements through the department’s Visa Entitlement Verification Online system http://www.immi.gov.au/contacts/forms/evo/ or call the general enquiries line on 131 881.
Regards,
Mei Hoong
hi there
i have an IELTS 6 in each score which is valid for April 13 (As Per two years Validation). so if i apply through ENS or RSMS visa would that still be valid or i have to re-sit in IELTS. Because someone told me that For RSMS or ENS visa the IELTS results should not be more than one year old.
Hi Gurjant,
IELTS tests scores are valid for three years. For example, if your IELTS test score was obtained in April 2011 then your test results will be valid until April 2014.
You will not be required to re-sit an IELTS test for an Employer Nomination Scheme or Regional Sponsored Migration Scheme visa if your IELTs tests results are valid.
Regards,
Mei Hoong
Please could you provide information as to what other visa categories can be applied for Employer Sponsorship and what are the conditions for those? In particular interested in ACT as i work in Canberra. I am not on an 457 Visa, but am rather awaiting 485 visa to come through.
Kind Regards
Karan Sharma
Hi Karan,
On 1 July 2012, there will be two new visas introduced under the permanent Employer Sponsored visa program, the Employer Nomination Scheme (Subclass 186) visa and the Regional Sponsored Migration Scheme (Subclass 187) visa. Within each visa, there will be three streams:
• The Temporary Residence Transition stream is for applicants who have been working in their nominated occupation with their sponsoring employer for the last two years as a subclass 457 visa holder, and their employer wants to sponsor them for permanent residence in the same occupation, in order to retain their skills within the business.
• The Direct Entry stream is for applicants who are not eligible to apply for either of the other streams. That is, applicants who are outside Australia, are in Australia but do not currently hold a subclass 457, or do but have not held it for the required two year period, or applicants who are not being sponsored under an Agreement
• The Agreement stream is for applicants who are being sponsored by an employer through a Labour or Regional Migration Agreement which provides a permanent residence option.
To find out more about the visa requirements for these visas, please visit the department’s website on http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Mei Hoong
Hi there,
If we are applying for regional sponsored migration visa then what happens if the business get sold out before logging our permannat regidency file. Are we still able to get the permanent regidency.
Hi Jazz,
If you are referring to the company or business being on-sold to a new owner and the company or business decides to keep you as an employee in their business, then please see the response that I’ve provided to an earlier post.
To be eligible to apply for an Employer Nomination Scheme or Regional Sponsored Migration Scheme visa, you must have an Australian employer who is willing to nominate you to fill a skilled position in the business for permanent residence.
If the new company or business owner decides not to keep you as an employee in the same position in their company or business, you would need to find another employer to sponsor you before you could be considered eligible for permanent residence through the permanent Employer Sponsored visa program.
You may wish to explore other visa options.
Regard,
Mei Hoong
Hi there,
If a skilled worker under 457 visa is being sponsored by an employer for permanent residence but is outside the RSMS area, what will be the other options for both the employer and the nominee?
Thanks in advance.
John
Hi John,
The RSMS covers all of Australia except Sydney, Newcastle, Wollongong, Melbourne, Brisbane and the Gold Coast.
An employer that is not located in regional Australia for RSMS, could use the Employer Nomination Scheme (ENS) to nominate skilled foreign workers. The ENS is available to businesses that are actively and lawfully operating anywhere in Australia.
More information on the Employer Nomination Scheme is available on the department’s website http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
Regards,
Mei Hoong
After July 1 -What are the ENS options if you have not been with the employer on the 457 for 2 years yet-is this to be processed through the direct stream?
Do you need to reach a certain points level and what if so what score do you need in the IELTS?
Hi Nevaeh,
Yes, you are correct. If you cannot meet the ENS Temporary Residence Transition stream requirements you can apply for an ENS visa through the Direct Entry stream.
The English language requirement for applicants applying through the Direct Entry stream is a minimum of competent English. This is equivalent to an IELTS score of 6 in each of the test components.
The English language requirement for applicants applying through the Temporary Residence Transition stream is a minimum of vocational English. This is equivalent to an IELTS scored of 5 in each of the test components.
I hope this helps.
Regards,
Mei Hoong
Hi,
Im a reg nurse working in one if the hospitals in Sydney. The employer promised to sponsor me for ENS after a yr of employmnt. U started Oct 2011. But with the july 1 changes, does that mean, I have to complete 2yrs yet of my 457 visa bfore they can sponsor me for ENS? Can i not apply ahead? If i can, what will b the requiremnts?
Thank you very much.
Hi Hannah,
Thank you for your question.
The changes on 1 July 2012 will introduce three streams to the Employer Nomination Scheme (Subclass 186) visa.
• The Temporary Residence Transition stream is for applicants who have been working in their nominated occupation with their sponsoring employer for the last two years as a subclass 457 visa holder, and their employer wants to sponsor them for permanent residence in the same occupation, in order to retain their skills within the business.
• The Direct Entry stream is for applicants who are not eligible to apply for either of the other streams. That is, applicants who are outside Australia, are in Australia but do not currently hold a subclass 457, or do but have not held it for the required two year period, or applicants who are not being sponsored under an Agreement
• The Agreement stream is for applicants who are being sponsored by an employer through a Labour or Regional Migration Agreement which provides a permanent residence option.
If you cannot meet the requirements for the Temporary Residence Transition stream then you can apply for permanent residence through the Direct Entry stream.
For information on the visa requirements for an ENS Direct Entry stream visa, please visit the department’s website on http://www.immi.gov.au/skilled/skilled-workers/permanent-employer-sponsored-visa-whats-new.htm
I hope this information has been helpful.
Regards,
Mei Hoong
Good day Mr. Mei Hoong,
What if you completed already the 2 years and all of a sudden the company he served sold to other. He is still working with the company with the new employer/ sponsorship. When is the right time that they can apply for a permanent residency?
Hi Liza,
Thank you for your comment.
If you have been working in a company or business for the last two years under a subclass 457 visa sponsorship and there has been a change of ownership over that period, you may still be eligible to apply for permanent residence through the Temporary Residence Transition stream.
To access the Temporary Residence Transition stream the business or company who nominates you for permanent residence must be the Standard Business Sponsor for your subclass 457 visa. In addition your position must be the same or consistent to the one held under the subclass 457 visa program.
Where a company or business changes their structure during the two year period, for instance where there is a change of ownership, to be eligible to access the Temporary Residence Transition the ‘new’ and ‘old’ company or business would need to be associated.
Circumstances surrounding takeovers, mergers and restructures can be complex and would need to be considered on a case-by-case basis, however, generally if after the change of ownership the company or business retains its trading name and Australian Business Number that would be considered as a continuation of employment.
I hope this information helps.
Regards,
Mei Hoong
dear sir.
my IELTS have expired last month.According to the new rules can i use my previous IELTS result for one more year?
Hi Maroof,
Thank you for your comment.
If you apply for a permanent employer sponsored visa through the Direct Entry stream you will need to show that you have competent English, which is equivalent to a minimum IELTS score of 6 in all test components.
If you apply for a permanent employer sponsored visa through the Temporary Residence Transition stream you need to show that you have vocational English, which is equivalent to a minimum IELTS score of 5 in all test components.
IELTS tests scores are valid for three years. If your results are more than three years old you will need to present more recent evidence that shows you meet the English language requirement, such as sitting another IELTS test.
Kind regards,
Mei Hoong
Hi,
- If we assume that Joselito was living in Sydney and wanted to apply through the ENS, would he need to submit an EOI and wait for an invitation AFTER 1st July even if his employer has already nominated him BEFORE 1st July?
- If Joselito did apply after the 1st of July in the end, what would be the estimated timeframe of the approval of his residency?
Thanks,
Peter
Hi Peter,
Thank you for your comments.
It is not compulsory for Employer Nomination Scheme (Subclass 186) or Regional Sponsored Migration Scheme (Subclass 187) visa applicants to lodge an Expression of Interest through SkillSelect first. SkillSelect is designed for foreign skilled workers who are interested in migrating to Australia and want to migrate independently or do not have an employer to nominate or sponsor them.
Any ENS or RSMS visa application lodged on or after 1 July 2012, which is associated with an employer nomination lodged on or before 30 June 2012, will be considered against the new ENS or RSMS Direct Entry stream requirements.
The service standard for processing RSMS visa applications is between five to eight months and ENS visa applications is between three to eight months.
More information about the processing times of an employer sponsored skilled migration visa is available on the department’s website.
See: http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm
Kind regards,
Mei Hoong