Awaiting the outcome of ENS121

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Awaiting the outcome of ENS121


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  #1 (permalink)  
Old 09-01-2010, 05:30 PM
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Smile Awaiting the outcome of ENS121

Hi!
I am shokam and I stumbled upon this very useful and informative website - I am grateful I did!

My ENS has been approved on July 21, 2010
Vetasses approved.
Certificate of Good Conduct obtained.
Visa lodged on August 17, 2010.
Been told to wait for 3 - 4 months.

I am the principal applicant and have a 7 year old girl with me. Keeping my fingers and toes crossed to get a positive reply.

I would like to know of an employee's obligations to the employer on the ENS 121. What is the required notice I should serve if I am not happy to remain with the company that sponsored me?

Thank you in advance.


  #2 (permalink)  
Old 09-02-2010, 02:21 AM
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Hi Shokam

I was interested to read your post, as my partner and I have just had our nomination approved and are about to start the application for visa. We also have a little girl who turns 7 this year.

From what I can gather the obligation of the employer and and employee is to commit to a minimum of 3 years in order for PR to be granted. I dont think notice period would have any bearing on that situation. But from an HR point of view you would want your notice period to be as long as possible.

If for any reason your employer was no longer able to employ you, you would need as long as possible to find another job and possibly re-apply for another visa, if you were terminated prior to the 3 year qualifying period for PR.

You may find that Wandered has a different take on the situation as he is the Guru on all things immigration. I can only advise from an HR stand point.

Having a longer notice period is beneficial in many respects. Many companies will only give you statutory notice. But for highly skilled or very senior positions the notice period tends to be longer, around 3 months. If the company terminates your contract, for anything other than gross misconduct, and they want you to leave immediately, they are obliged to pay your notice, and the equivalent of any benefits for the duration of the notice period, including holiday accrued during the notice period. However this in itself may have visa implications, if you are no longer employed by the company your visa is no longer valid. So this may require careful negociation.

Depending on the company that you will be working for you may be able to negociate these terms, to allow for this senario. Smaller companies may be more flexible. Larger companies have policies and procedures that a pretty much set in stone especially where migrant workers are concerned. So you may find that it is not possible to change standard terms and conditions.

That not withstanding it is worth contacting the HR department and asking the question. My feeling is that it would not be regarded and rude or cheeky to ensure that you and your family are protected, given that you are making a huge commitment and moving your family overseas.

Just out of interest where are your applying from?

Any how, I hope that I have been of some help to you. Best of luck.


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Old 09-02-2010, 03:16 AM
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As the coach says, the ENS has as one eligibility requirement a three year job offer and that is about all that is said and it will depend on any contract you make with the employer and how legally enforceable it is that it seems you may want to decide on, not necessarily a good approach.
If your intent has been to get an employer sponsor for immigration purposes and then ditch them in favour of a better position, I do not wish you well in that and whereas an ENS is a PR visa and they are usually not withdrawn it is not to say that it will not happen if people decide on attempting to rort the system.

Please keep visa queries to the V & I section.





Last edited by Wanderer; 09-02-2010 at 03:37 AM.

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Old 09-03-2010, 05:37 PM
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Quote:
Originally Posted by coach View Post
Hi Shokam

I was interested to read your post, as my partner and I have just had our nomination approved and are about to start the application for visa. We also have a little girl who turns 7 this year.

From what I can gather the obligation of the employer and and employee is to commit to a minimum of 3 years in order for PR to be granted. I dont think notice period would have any bearing on that situation. But from an HR point of view you would want your notice period to be as long as possible.

If for any reason your employer was no longer able to employ you, you would need as long as possible to find another job and possibly re-apply for another visa, if you were terminated prior to the 3 year qualifying period for PR.

You may find that Wandered has a different take on the situation as he is the Guru on all things immigration. I can only advise from an HR stand point.

Having a longer notice period is beneficial in many respects. Many companies will only give you statutory notice. But for highly skilled or very senior positions the notice period tends to be longer, around 3 months. If the company terminates your contract, for anything other than gross misconduct, and they want you to leave immediately, they are obliged to pay your notice, and the equivalent of any benefits for the duration of the notice period, including holiday accrued during the notice period. However this in itself may have visa implications, if you are no longer employed by the company your visa is no longer valid. So this may require careful negociation.

Depending on the company that you will be working for you may be able to negociate these terms, to allow for this senario. Smaller companies may be more flexible. Larger companies have policies and procedures that a pretty much set in stone especially where migrant workers are concerned. So you may find that it is not possible to change standard terms and conditions.

That not withstanding it is worth contacting the HR department and asking the question. My feeling is that it would not be regarded and rude or cheeky to ensure that you and your family are protected, given that you are making a huge commitment and moving your family overseas.

Just out of interest where are your applying from?

Any how, I hope that I have been of some help to you. Best of luck.
Hi Coach,

Thank you so much for the very prompt reply and information - appreciate it very much!

I am applying from Malaysia, by the way.

Cheers!


  #5 (permalink)  
Old 09-03-2010, 05:38 PM
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Quote:
Originally Posted by Wanderer View Post
As the coach says, the ENS has as one eligibility requirement a three year job offer and that is about all that is said and it will depend on any contract you make with the employer and how legally enforceable it is that it seems you may want to decide on, not necessarily a good approach.
If your intent has been to get an employer sponsor for immigration purposes and then ditch them in favour of a better position, I do not wish you well in that and whereas an ENS is a PR visa and they are usually not withdrawn it is not to say that it will not happen if people decide on attempting to rort the system.

Please keep visa queries to the V & I section.
Thank you Wanderer for your reply.


  #6 (permalink)  
Old 09-04-2010, 12:50 AM
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Dear Shokham

You are lucky to live in Malaysia. It is a very beautiful country. Do you live in Kuala Lumpur? Where in Australia is your new job?

Can I ask you some questions about the forms that you submitted please?

Are you going with your partner? Did you submit form 80? What about forms 160 and 26 with medical checks?

Its is interesting that the ens check list only asks for 47a and 47es. I can see a whole list of forms that they could possibly ask for, that are more relavent than the 47a. Still I guess if they want them they will ask for them.

Do you have a CO yet?


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