You need to point out to this company that *you* are making a commitment to them by uprooting yourself from the UK.
If they are not prepared to make the commitment to you by sponsoring for ENS immediately, then perhaps you should draw your own conclusions from that.
Australia is a smaller employment market than the UK (individual states smaller still) and "jumping ship" soon after getting in on an ENS visa is the sort of thing that could have career consequences later on. You could always agree to refund the employer relocation and visa costs if you left within a period of time, but this would be enforceable under contract-employment law, not immigration law.
DIMIA wouldn't get involved unless the whole ENS process appeared to be fraudulent.
Of course if employer won't budge, then you have the choice of walking away from the deal or going along with what they want (the 457 visa). In that case:
- who's going to pay the extra healthcare (and education, if you have children) costs inherent in having a 457? You or them?
- what about the other consequences of having a 457? Are you going to have a child born in Australia? Is your spouse going to be looking for career orientated jobs? Problems will arise on the 457 in cases like this.
- what happens if they refuse to sponsor you for ENS after you arrive? Lots of people discover this problem. After all, once you're in Australia, the employer's problem is solved.
- even if they do agree to sponsor you later on, and follow through on this, what happens if your ENS application is refused, either because you or the employer do not meet the requirements?
Jeremy
-- This is not intended to be legal or professional advice in any jurisdiction
