Employer Sponsorship 121 Visa

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Employer Sponsorship 121 Visa


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Old 06-01-2010, 01:24 PM
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Question Employer Sponsorship 121 Visa

Hi guys and gals,

I'm new here, so be nice.

Basically, myself and my boyfriend have just spent a year in Oz on a WH visa. Arron has just been offered sponsorship by his old head chef (who is opening a new restaurant), and we wished to go on a 121 PR visa. Arron has been chefing for 13 years. He started an NVQ II a few years ago, but never finished it.

I have done a lot of reading into immigration. We were originally going to do skilled migration, but obviously the new SOL list doesn't include chef. He has done an informal apprenticeship, but has no qualifications apart from GCSE's. I have found a 6mth NVQ II and a 9mth NVQ III. Will we have problems with this? Does 900 hrs structured tution mean on-the-job training or does it have to be in college? Will the TRA be funny about him getting his qualification this year i.e - 3 years POST qualification work experience. Would it be easier for us to go on a 457 then he can get qualified whilst we are there or is it better for him to train here?

Please help me. I have found some migration agents to be a bit rude, maybe because I know a little of what I'm talking about. They are also VERY expensive!!! £3000 from the Emigration Group!!!!!!

Thank you

Gem


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Old 06-03-2010, 05:01 AM
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Quote:
Originally Posted by ramboalice View Post
Hi guys and gals,

I'm new here, so be nice.

Basically, myself and my boyfriend have just spent a year in Oz on a WH visa. Arron has just been offered sponsorship by his old head chef (who is opening a new restaurant), and we wished to go on a 121 PR visa. Arron has been chefing for 13 years. He started an NVQ II a few years ago, but never finished it.

I have done a lot of reading into immigration. We were originally going to do skilled migration, but obviously the new SOL list doesn't include chef. He has done an informal apprenticeship, but has no qualifications apart from GCSE's. I have found a 6mth NVQ II and a 9mth NVQ III. Will we have problems with this? Does 900 hrs structured tution mean on-the-job training or does it have to be in college? Will the TRA be funny about him getting his qualification this year i.e - 3 years POST qualification work experience. Would it be easier for us to go on a 457 then he can get qualified whilst we are there or is it better for him to train here?

Please help me. I have found some migration agents to be a bit rude, maybe because I know a little of what I'm talking about. They are also VERY expensive!!! £3000 from the Emigration Group!!!!!!

Thank you

Gem
The 900 hours training is more something I understand that was introduced re students doing training courses in Australia and they being job ready as it was termed, though it is not an area that I have studied too regularly.
I think the whole concept has now been changed with graduates from such courses now going through several stages of assessment which includes a 485 temporary residency graduate visa that may provide for them to be eligible to apply for PR visas.
You may want to check that more closely on the TRA web site.

The relevant TRA section for 457 sponsorship shows that no assessment is required for people from the UK.
http://www.deewr.gov.au/Skills/Progr...Pages/faq.aspx
The 457 visa offers a simpler initial approach for you and though it has the issue of being dependent on having a sponsor, if you feel confident with the employer that is a good start.
http://www.immi.gov.au/skilled/skill...y-employee.htm
It could be that initially with a new restaurant the Chef may not meet requirements for a PR sponsor [ there are differences to the 457 ] and so you've not got that option anyway.
He also may need to look closely at the 457 sponsor requirements too for that area has had changes in the past year as well.





Last edited by Wanderer; 06-03-2010 at 05:07 AM.

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Old 06-03-2010, 05:40 PM
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So what do you advise? Stay and train then go for PR once the restaurant has been open at least a year and Arron has got a qualification? Or go on a 457 and get Arron to do a TAFE course or an NVQ equivilant...then go for PR whilst in Oz? All cannot be lost surely? The visa stuff is doing my head in. It's all I do/read on my 30min lunch break everyday! I don't want to go to a migrant agent and be charged a fortune!

I value your opnion. I have seen your posts on here. You clearly have some knowledge on immi!

Thank you

Gem


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Old 06-04-2010, 12:16 AM
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Quote:
Originally Posted by ramboalice View Post
So what do you advise? Stay and train then go for PR once the restaurant has been open at least a year and Arron has got a qualification? Or go on a 457 and get Arron to do a TAFE course or an NVQ equivilant...then go for PR whilst in Oz? All cannot be lost surely? The visa stuff is doing my head in. It's all I do/read on my 30min lunch break everyday! I don't want to go to a migrant agent and be charged a fortune!

I value your opnion. I have seen your posts on here. You clearly have some knowledge on immi!

Thank you

Gem
I just discuss and make suggestions without advising as such and do leave that for agents Gem but then thay do not always do the best job either and yes they can charge a hefty price.

You [ and particularly Arron from experience ] are probably aware of how fickle the restaurant business can be and in Australia at least, it is one of the first areas that suffers as soon as there's economic bad times, people just quickly reducing optional expenditures and eating out is optional.

But that said we all have to have faith that reasonable if not great times continue.
If the former head Chef is to offer sponsorship on the basis of a new restaurant, the very first thing that needs to happen is for him to be approved and have a nominated position approved so he can sponsor.

Once that is in place, it's really just deciding on how much of a risk you consider a 457 is and realising that if the sponsorship folds for whatever reason and another cannot be found or another visa is not taken out, you'll need to be leaving.

Putting that against getting qualifications approved in the UK for PR application, Assessment process (Trade Occupation) - VETASSESS outlines what is involved and with other skilled occupations, where there is an experience requirement, it is only after qualification experience considered.
I do not know if Vetassess have a different approach re Chefs but possibly something in their assessment guide will indicate that.

Regardless, if you check the 121Visa eligibility requirements - Employer Nomination Scheme (Subclass 121/856) you'll see that three years of experience is required and Immi interpretation is that it is always after qualification.

If you did go on a 457 with the less onerous conditions attached and the restaurant fell on hard times, Chefs do seem to be a fairly mobile lot or lets say they sometimes need to travel to where work is and there could always be possibilities for other 457 sponsorships in remoter locations where some people are less inclined to go.
Kind of where there's a will, there's a way.
And as a couple without kids, you are probably more flexible in where you can travel to.

Two years on a 457 and at least last 12 months with same sponsor and if they are eligible to sponsor you for PR and willing, you're there.

Again, if you have an employer, the ex Chef or some remoter location resort or whatever that wants to keep his services, they would I expect be keen to oblige.

If for whatever reason it does not turn out, you've given it a shot and a 457 being simple enough to do as DIY it is a hell of a lot cheaper than 3000 pound, so you have saved your airfare and a bit more if you take a cheap flight with airasia.





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Old 06-04-2010, 06:08 PM
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So a 457 could be the way? Arron can do an NVQ at work (he works at a lawyers firm in Leeds, very la de da darling! They have in-house assessor that do NVQ, Masters, etc) they have said he could complete a level 3 NVQ in about 6mths. I'm guessing this wouldn't be enough, as they wouldn't count his previous experince. It's silly really, as chefing is all on-the-job stuff. Why do people abuse the system? It's so annoying!

I've been toying with the idea of either chancing a 457 and him doing a TAFE course, so he can get PR......or us staying, getting him qualified THEN doing PR. I need a bloody immi lawyer!! He has another ex-employer that would be willing to sponsor him if George falls through.

So is it easier to get PR when in Oz? Are the rules different? Would an Oz qualification count for more?

Sorry to bombard you with questions. I'm starting to lose hope!!! Whicg makes me sad


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Old 06-06-2010, 12:18 AM
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Quote:
Originally Posted by ramboalice View Post
So a 457 could be the way? Arron can do an NVQ at work (he works at a lawyers firm in Leeds, very la de da darling! They have in-house assessor that do NVQ, Masters, etc) they have said he could complete a level 3 NVQ in about 6mths. I'm guessing this wouldn't be enough, as they wouldn't count his previous experince. It's silly really, as chefing is all on-the-job stuff. Why do people abuse the system? It's so annoying!

I've been toying with the idea of either chancing a 457 and him doing a TAFE course, so he can get PR......or us staying, getting him qualified THEN doing PR. I need a bloody immi lawyer!! He has another ex-employer that would be willing to sponsor him if George falls through.

So is it easier to get PR when in Oz? Are the rules different? Would an Oz qualification count for more?

Sorry to bombard you with questions. I'm starting to lose hope!!! Whicg makes me sad
I'm not too sure whether he is cooking for the la de lah darlings or just that there are people there who know about assessing, but either way it could be irrelevant unless you/he want to pursue a certificate.

If he can get the 457 based on his 13 years experience and informal apprenticeship [ be better if there was some documentation on it ] , in theory, two years later with an eligible/agreeable employer he can apply for PR and there's no qualifications assessment and no TAFE course needed.

Though certificates can help, for Chefs, as you say it is OTJ and reputation and references are more crucial for continued employment.

Step1.
Closely read Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) and though qualifications are mentioned in that it is with a grouping of words and
Quote:
and an employment background which match those required for the position
is the key part of that phrase, 13 years experience along with an informal apprenticeship making him a good match.

If you have a back up sponsor, that's ideal and so your risk is minimised.

Step2. For two years later
Closely read Employer Nomination Scheme (Subclass 121/856)

Quote:
Eligibility requirements
To be eligible for permanent residency under this visa, you must meet all of the following requirements at the time of lodging an application:

•you must hold a qualifying visa
See: Qualifying Visas
•the nominated position must relate to an occupation listed on the ENSOL.
See: Form 1121i - Skilled Occupation List (SOL) and Employer Nomination Scheme Occupation List (ENSOL) ( 124K B PDF file)
You must also meet one of the following requirements:

•have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)

[•have been nominated to fill a highly paid senior executive position with a salary of more than $165 000 per annum (excluding superannuation or allowances)
•have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).
]
You must also:

•have an employer who is willing to sponsor you for permanent residency
•demonstrate that you have the appropriate skills, qualifications and/or experience to fill the position
. The qualifying visa is the 457.
. Chef will have to be on ENSOL and hopefully will be.
.
Quote:
•demonstrate that you have the appropriate skills, qualifications and/or experience to fill the position
Note it is qualifications and/or experience

Step3.
PR is granted!

I do not really think you need an Immi lawyer or agent.

Getting PR this route is certainly the simplest and just really relies on maintaining employment and having a suitable employer but you would need that anyway to apply for an Employer Sponsored PR right from word go and most employers seem to favour the 457 as an initial approach.





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Old 06-06-2010, 08:57 AM
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OMG you make it sound so simple. Well we'll try the 457 and see what happens...hopefully chef will still be on the ENSOL!!!!

Thank you so much for all your help. I feel a little less disparing now.


I'll keep you informed


  #8 (permalink)  
Old 11-05-2010, 11:49 AM
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Just to keep you updated. We have decided to go for the 457 visa. George has just been approved to be a sponsor, which means we have to start making our application now.

Is it better to go for full medicals and the TRA skills before we go, so it makes PR easier. Or is it better to do it whilst we're there in Oz?

Thank you for all your advice. It really helped


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Old 11-05-2010, 11:06 PM
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I wouldn't do the medicals up front as you may not need them for a 457 and likewise for the TRA, not all trades requiring that and if your partner is able to show from a verified [ employer references ] employment history that he meets the requirements, that could be acceptable for the 457.
In going for PR sponsorship, George will also have to be reapproved and put up a statement of intent to employ for three years etc. and if your partner not waiting for the two years on a 457, he will then need qualifications approval and that could be a problem with an informal apprenticeship if he has no apprenticeship completion papers etc.





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Old 11-06-2010, 09:33 AM
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Quote:
Originally Posted by Wanderer View Post
I wouldn't do the medicals up front as you may not need them for a 457 and likewise for the TRA, not all trades requiring that and if your partner is able to show from a verified [ employer references ] employment history that he meets the requirements, that could be acceptable for the 457.
In going for PR sponsorship, George will also have to be reapproved and put up a statement of intent to employ for three years etc. and if your partner not waiting for the two years on a 457, he will then need qualifications approval and that could be a problem with an informal apprenticeship if he has no apprenticeship completion papers etc.
So Arron has to work for George for a minimum of 2 yrs on the 457 before applying for PR, as he has no qualifications or formal apprent. George has just been approved to sponsor Arron


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