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ENS subclass 186 VISA


HeidiPatrick

Question

My Husband and I are wanting to immigrate to Aus. He has been offered a job and it was suggested that we apply for an Employee Nomination Scheme (ENS) visa (subclass 186). The employer is happy to do a nomination application. My husband is a qualified mechanical engineer and a diesel mechanic by years of experience. He has done his skills assessment through VETASSES and obtained the necessary documents and pass for his qualification The job is as a diesel mechanic on a farm in rural WA. My husband is on a British passport so therefore doesn't have to do the English test, however my self and our 21 month old daughter are on South Africa passports.

Has any one gone about this type of visa application, that could offer us any advice?

Is it an application that we can try do on our own?

 

It was also suggested that we apply for a 189 visa, but he needs all 8 for his english test if he does this route and he only got 7.5's and one 9 in his test so would have to rewrite. Unfortunately his age is against him for points as he is turning 44 in Sept!

 

What all does the ens 186 offer? Can you enter and leave the country to visit other places, or do you have to stay in aus for a minimum time first?  How long do you have before you have to go over and start work form date of approval of the visa? how long do you have to work for the nominating employer or is there no minimum obligation?

 

Any input would be much appreciated!!

Kind Regards

Heidi

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@HeidiPatrick

 

I have done just the same visa. In the situation you find yourself with hubbys age at 44, English not so hot etc, I would STRONGLY reccomend you take the 186. Let the employer fill it in for you, just supply the documents.

 

Answers to your questions:

  • You can enter and leave Aus as many times as you like for 5 years on the 186 PR visa. After that you will need to apply for a RRV (Resident Return Visa) if you are not already citizens by then. You can use the "Direct Entry' choice for the 186 visa, so you do not have to have lived in Aus for any period of time prior to arrival. (Usually two years)
  • You can come over and start working the day the visa is approved. So if it is approved 01 August 2016, you can land 01 August 2016 and you will be lawfully resident in Aus.
  • For a 186 visa you are "Supposed" to commit to work for the employer for two years FROM the date of visa grant....buuuut, I had a situation where my employer turned into a monster soon after I got my visa and I contacted Immi who said there were "Nil" Visa restrictions on my 186. That means you do not HAVE to work for the employer but be careful before you go this route, because as part of the visa application the employer commits to offering work for 2 years and hubby commits to taking it up for 2 years. But you can leave if it gets bad. Just make sure you call Immi first and put it on record.

This is a stunning opportunity and after reading the fine print, i would say well done and congrats!

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Thank you for your reponse.

 

This is what the employer got when she reached the last page of the application online.

 

 

The part where is says have to commence work within six months? We are still trying to sell our farm in SA so this part is a bit worrying and that's why she hasn't submitted it yet. How long does it take for the response and we then obviously have to do the actually visa application form our side once she gets a response for the employers application?

 

Who did you use for your application?

Quote

 

 

 

@HeidiPatrick

 

I have done just the same visa. In the situation you find yourself with hubbys age at 44, English not so hot etc, I would STRONGLY reccomend you take the 186. Let the employer fill it in for you, just supply the documents.

 

Answers to your questions:

  • You can enter and leave Aus as many times as you like for 5 years on the 186 PR visa. After that you will need to apply for a RRV (Resident Return Visa) if you are not already citizens by then. You can use the "Direct Entry' choice for the 186 visa, so you do not have to have lived in Aus for any period of time prior to arrival. (Usually two years)
  • You can come over and start working the day the visa is approved. So if it is approved 01 August 2016, you can land 01 August 2016 and you will be lawfully resident in Aus.
  • For a 186 visa you are "Supposed" to commit to work for the employer for two years FROM the date of visa grant....buuuut, I had a situation where my employer turned into a monster soon after I got my visa and I contacted Immi who said there were "Nil" Visa restrictions on my 186. That means you do not HAVE to work for the employer but be careful before you go this route, because as part of the visa application the employer commits to offering work for 2 years and hubby commits to taking it up for 2 years. But you can leave if it gets bad. Just make sure you call Immi first and put it on record.

This is a stunning opportunity and after reading the fine print, i would say well done and congrats!

 

FullSizeRender.jpg

Edited by HeidiPatrick
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@HeidiPatrick

 

That 6 months is from the "issue" of the visa. They still have to:

 

  • Do the employer nomination - which is what you are seeing on the screenshot.
  • Once that nomiation is approved you need to do your application and I think you have 6 months to finish that.
  • You need to enter Australia and start working within 6 months of the date of the visa being approved

So - nomination estimate - 2-4 months. Your visa application 2-3 months (assuming passports, medicals, english, police clearance etc) visa application processing time - 4-6 months. So in my view you have maybe a year or less.

So yes you have more time than you thought to sell the farm. But look at it this way, would you stay in that place or get a golden ticket to Aus? I know what I would do in a heartbeat! You can appoint a lawyer or someone you trust to carry on the farm sale if it is not done by the time you need to go. Do NOT miss this chance in my opinion!

 

Go for it!

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