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Subclass 856 ENS Visa Granted With English Exceptional Argument

Visa TypeSubclass 856
CategorySkilled Migration

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

How We Helped

We assisted in preparing an English Exceptional Argument for both the employer nomination and the visa application. We argued that, in over two years of working in the nominated role, the applicant had consistently complied with all workplace health and safety (WH&S) requirements without any language difficulties arising. We assisted both the applicant and the sponsor to prepare and lodge the complete ENS nomination and visa applications.

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Key Success Factors

  • Evidence of over two years of successful workplace performance without any English-related incidents
  • Demonstration of consistent WH&S compliance as a practical measure of functional English ability
  • Thorough preparation of both the nomination and visa components of the application
Schedule a call to discover how our experience and expertise made it possible

Outcome

The English Exceptional Argument was accepted and the Subclass 856 Employer Nomination Scheme visa was granted to the applicant.

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