Subclass 856 ENS Visa Granted With English Exceptional Argument
Case Summary
An Indian national working as a Project Administrator on a Subclass 457 visa sought a Subclass 856 Employer Nomination Scheme permanent residency visa but did not meet the minimum English language requirements. We prepared a successful English Exceptional Argument enabling the visa to be granted.
Background
Our client was a citizen of India employed in Australia on a Subclass 457 visa as a Project Administrator for a bus hire and charter business, where he had worked for more than two years. He sought to apply for a Subclass 856 Employer Nomination Scheme permanent residency visa but did not meet the minimum English language proficiency requirements. An English Exceptional Argument was required in order for the application to proceed.
Challenges
- Applicant did not meet the minimum English language requirement for the Subclass 856 visa
- English Exceptional Argument required to establish that English proficiency had not impaired performance
- Need to demonstrate the applicant's practical workplace English competence despite not meeting formal test thresholds
Outcome
The English Exceptional Argument was accepted and the Subclass 856 Employer Nomination Scheme visa was granted to the applicant.
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