Dear John, My wife and I have been in Australia since September 2008 on 457 visas sponsored in my trade. In June 2012 we applied for permanent residence through employer nomination (ENS). My application was fine but the employer application was refused as my employer had been sanctioned by Immigration for non-compliance on his temporary sponsorship obligations. Because of the employer’s problem, my PR application was refused. The application was appealed in the MRT but has just failed again as the employer’s ban has not been lifted yet. The age limitation and waiver rules for Employer Nomination changed in July 2012 so we are now over the age limit for a new nomination by any other employer. Our three adult children all live in Australia, as do our grandchildren. One of our children is a permanent resident; another is in the process of applying for permanent residence. With all our family here, we don’t want to leave Australia. What are our options to stay now? Name Withheld
Employer Nomination applications have two parts, the first part being the employer’s. This must be successful for the employee’s visa application to succeed.
One of the requirements for the employer’s part is that there is “No Adverse Information” about the employer.
If an employer is found to have not met their temporary sponsorship obligations, this can constitute adverse information.
Approved employer sponsors sign off on a number of obligations, and it’s really important for the future of the sponsored employees and the business continuity that employers don’t ignore their obligations during the approval period. Read more here.
As you can see, the consequences of non-compliance can be disastrous.
I always recommend a pre-application check on the employer’s part to ensure they are likely to meet the ENS requirements. Where there is some doubt, the employer part of an ENS can be lodged prior to the visa application, and then wait to see if part one is successful before committing to the visa application itself.
In your case it seems there may have been some haste to ensure you applied for the visa prior to flagged law changes on age coming in on July 2012.
At this point as you are over 50, you can of course look to get further 457 visas with other employers.
With three children in Australia, when your second child becomes a permanent resident, you would meet the “balance of family test” requirement and be able to look at parent visa options to get to permanent residence.
There are a number of parent visa options to consider. In general, to lodge a parent visa while in Australia the applicants need to be “aged” (pension age).
There are offshore applications options for younger parents. The contributory parent visa stream is processed in around 18-24 months but has high cost of application. There is a temporary to permanent option that can see these significant costs spread over several years.
See more here.
Parent visa regulations are complex so consider asking a registered migration agent for professional assistance with your application. Find an agent here.