Employer Nomination Scheme (Subclass 121/856)

[christelle]

Hi we came over with a 457 work visa and is busy with the permanent visa where the employer nominate you and then you have to work for 2 years for them the moment the visa is approved.what I would like to know is ,say you don't want to work for this employer anymore,are their a way of getting out and applying at a new place?is their a way out without losing the permanent visa?

any help,christelle

[Riekie]

Hi Christelle.

Not all employers will lock you in with a 2 year contract if they sponsor your 856 visa. We just got our PR (856) and the way they've done it is that should hubby leave their employment now, he has to pay back 100% of the visa costs and if he leaves within 12 months, he has to pay back 50%. After 2 years he can leave without having to pay back anything. The 856 visa has NO LIMITATIONS and you are not forced by your visa to remain with your sponsoring employer - in other words, you can not loose your PR if you resign from the sponsoring employer. BUT, if you are locked in with a contract, your employer can legally hold you to it. For hubby it is job security for at least the next 2 years, so it's actually a blessing in disguise.

You'll know if you will be happy working for your employer for another 2 years or not by the time they sponsor your 856, so you can always apply for PR in your own right and not go the 856 route.

Hope this answers your question?

[christelle]

Hi Riekie

Yes this is exactly what I wanted to know, because the company my husband are now working for wants to drop his pay as soon as the visa goes through and the company's boss told us you have to stay with him for 2 years or they will cancel the visa.we have decided while we still have time on our 457 work visa to rather go to a better company.

thanks for the help

regards christelle

[Guest Larry]

Christelle,

When I first moved to Australia about 12 years ago, it was on a 121 employer nomination visa. The beauty of this visa (at that time) was that my employer had to employ me for at least 2 years (I actually stayed for 8 years!), but that it was a full permanent residence visa. - If I wanted to leave before the 2 years were up, I could do so. Although my employers and DIMA (as it was then) might not approve of it, there was nothing that they could have done.

It kept my employer honest and I was paid a market-related salary (and then some ).

If the regulations regarding 121 visas haven't changed in the past 12 years, the above is probably still true.

[christelle]

Hi Larry

YES,I think everything still work like that,but apparently the employer can put conditions on that type off permanent visa.It looks like it depend on how the employer feels about it.

regards christelle

[Bulawayo]

Hi

All these different types of Visa get confusing. We are still in SA but we have been offered a sponsoship job, they have submitted an appliction for approval on their side, then we start our process once we have some required number to put on our app. What we want to know is once our application is in can my husband go over and start work, I will follow after our eldest daughter has turned 21 (July), she is staying behind as she is in her final year of University.

Is there a simple solution or am I just making a mountain out of a mole hill???????

Help.

Regards

Tracey

[christelle]

Hi Bulawayo

If I understand you correctly as soon as the visa is approved and you have the visa sticker in your passport your husband can come over and work,just check on the sticker (visa)you have a couple of weeks to activate it,if you do not activate it they will cancel it.are you coming with a 457 work visa?

christelle

[Riekie]

You have a certain period of time to "validate" your visa - it would be stated on your visa label and in correspondence with you relating to the approval of your visa. You don't have to enter Australia all at the same time and you may come & go to & from Australia for the duration of the visa's validity (4 years in the case of a 457 visa).

[tanner]

Hi Riekie

I saw that you stated somewhere here on one of ypur replies that you can apply for PR on your own even if you came into the country on a 457 visa. I would really appreciate assistance onhow to do this and how much this costs. I would like to apply for PR as soon as we land if possible and my company will only do it after 12 months.

I have 2 kids and child care without the social security that the government offers is very expensive. In addition both my kids are asthmatic and the private healthcare has waiting period of 12 months for them which means I can't use if they are in hospital.

To apply for PR would really help.

[christelle]

Hi ,you can still apply for the normal permanent visa from here ,the catch is you then have to do the full assesment,english test and visa application.this will stil take you longer than a year to get,and the bad thing is you are not allowed to be in australia on the day the visa is granted.I also wanted to use that road,but decided against it.it's just like applying for the permanent visa from south africa.they also work on the point system then

regards,christelle

[Bulawayo]

Hi Bulawayo

If I understand you correctly as soon as the visa is approved and you have the visa sticker in your passport your husband can come over and work,just check on the sticker (visa)you have a couple of weeks to activate it,if you do not activate it they will cancel it.are you coming with a 457 work visa?

christelle

Hi Thanx for the news contact us on tracep@mweb.co.za , are you in Kalgollie ,friends of ours worked there for sometime Louis and Browyn Bekker .

Cheers Mike