Successful Waiver Request for Age and English for Employer Sponsored Visa Applicants

Mr Chen’s Migration Story

Mr Chen has been working as an experienced fitter for more than 10 years. With his family, they arrived in Australia as 457 visa (temporary business visa) holders. After three years’ hard work for his sponsored company, Mr Chen wanted to find a migration agent with a good reputation that could be trusted to help him apply for his 856 Visa application. Referred by one of his friends, Mr Chen found AUSA migration in April of 2010.

This case was not straightforward at all. Firstly, Mr. Chen could not pass the IELTS test with an average score of 5.0 even though he had been practising English since coming to Australia. Therefore, professional migration agents needed to provide sufficient evidence to waive the English requirement for Mr Chen. Based on the nature of the work and his job duties, AUSA migration agent explained to the case officer in detail that the current English level of Mr Chen was competent for executing his job duties and understanding and complying with occupational health and safety requirements and also dealing with work emergencies when they occurred. Meanwhile, Mr Chen actively improved his English abilityby consistently attending English language course.

Secondly, Mr Chen was over 45 years old, which is over the age requirement for ENS.  However, with nearly 28 years closely related working experience, his job position was very special to the company which would be hard to replace with younger staff. Furthermore, Mr Chen had been working for the company for over 3 years and his employer was very satisfied with his working performance. Therefore, our migration agent applied for the waiver request for the applicant’s age at the same time.

Thirdly, Mr Chen’s son had just had his 18 years birthday. According to the requirement of the immigration department, the child over 18 years old is independent from his parents. An independent child has to apply for the permanent resident visa by himself, which means a longer waiting period and extra application fees. Using many years of migration experience, our AUSA agent explained to DIAC that Mr Chen’s son was currently a full time student at school without income, and was still fully dependant on Mr. Chen. Therefore he still needed his parents’ support until he started his employment after he successfully finished his study at school.

With persuasive documents submitted, Mr. Chen,  his wife and his son got their ENS permanent resident visas within couple of months. They felt so lucky to come to AUSA Migration, and felt so proud to be an Australian permanent resident.

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