If you have an Australian employer who is willing to sponsor you and facilitate your visa application for the purpose of bringing you over to Australia to work temporarily or permanently, then this is the visa scheme you should be looking at.
This employer nomination scheme, in short ENS, has the following visa options:
1. Subclass 457 visa
This is a 4 year temporary visa. This visa allows a business to employ someone, from outside Australia or a non-citizen / non-permanent resident who holds a valid visa in Australia, in a skilled job in Australia. The applicant has to sponsored by an employer to fill a nominated position. Before the application is initiated, an occupation must be nominated from the Consolidated Sponsored Occupation List (CSOL) for the applicant that is both relevant to the applicant’s qualification / experience and the position needed in the business.
The visa application process comprises of 3 parts as follow:
Part I – Standard Business Sponsorship (SBS) Application
Part II – Occupation Nomination Application
Part III – Visa Application
The purpose of the sponsorship stage is to confirm that the business wanting to employ the skilled worker:
- Is a lawfully operating business
- Has no adverse information about it or any of its directors
- Meets the department’s training requirements , either Benchmark A or B
- A: recent expenditure to the equivalent of at least 2 per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business
- B: recent expenditure to the equivalent of at least 1 per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens and Australian permanent residents.
The purpose of the nomination process is to identify all of the following:
- The occupation relevant to the position to be filled
- The skills and experience required for the position
- The market salary rate for the position and the salary rate to be paid to the prospective overseas employee
- The name of the prospective overseas employee
You can apply for a subclass 457 visa if:
- You have relevant skills and you been nominated by an approved business to work in an eligible occupation in Australia, and you:
- Are working for the company for the first time
- Are being transferred from another position within the same company outside Australia
- Currently hold a subclass 457 visa which is about to expire
- You are a member of the family unit of a skilled worker who has been nominated for this visa.
2. Employer Nomination Scheme Subclass 186 visa
This is part of the permanent employer sponsored visa program, which is for skilled workers from outside Australia or skilled temporary residents who currently live and work in Australia.
To apply for this visa, you must:
- Be nominated by an approved employer
- Be younger than 50 years of age
- Meet the skills and qualifications requirements
- Meet English language requirements.
There are exemptions relating to age, skills and English language ability. These depend on your nominated occupation, salary and past work experience.
There are three streams for this visa class:
I. Temporary Residence Transition stream – you are a subclass 457 visa holder who has worked for your employer for two years in the nominated occupation and your employer wants to offer you a permanent position in that occupation
II. Direct Entry stream – you have never, or only briefly, worked in the Australian labour market, or have not held a subclass 457 visa for the last two years with your nominating employer, or if you are applying directly from outside Australia. If you have a nomination lodged with the department before 01 July 2012, you must lodge the visa application under this stream.
III. Agreement stream – you are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.
To participate in the Employer Nomination Scheme, employer must:
- Operate an active and lawful business in Australia
- Have a genuine need for a paid employee to fill a skilled position
- Offer a skilled position in the applicant’s field that is full-time and ongoing for at least two years
- Pay a market salary rate
- Comply with Australian immigration and workplace relations laws
- Have no adverse information against you or your business
- Nominate a skilled position. This position must be:
- On the Consolidated Sponsored Occupation List for the Direct Entry stream
- Consistent or similar to a position sponsored by the Standard Business Sponsor under the subclass 457 visa program for the Temporary Residence Transition stream
- Meet the training benchmark for the Direct Entry stream; and continues or is committed to meet the training requirements for the subclass 457 visa program for the Temporary Residence Transition stream.
3. Regional Sponsored Migration Scheme Subclass 187 visa
This is a permanent visa. It is for people who:
- Want to live and work in regional Australia, meaning not in the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong and Melbourne
- Have been nominated by an approved Australian employer located in regional Australia
- Are younger than 50 years of age
- Meet the skills, qualifications and English language requirements.
- Operate an active and lawful business in regional Australia
When you apply, you must select one of the visa’s three streams.
- Choose the Temporary Residence Transition stream if you are a subclass 457 visa holder who has worked for your employer for two years in the nominated occupation and your employer wants to offer you a permanent position in that occupation. Please note you must have a nomination application lodged under Temporary Residence Transition stream to be eligible for this option.
- Choose the Direct Entry stream if you have never, or only briefly, worked in the Australian labour market, or have not held a subclass 457 visa for the last two years with your nominating employer, or if you are applying directly from outside Australia. If you have a nomination lodged with the department before 01 July 2012, you must lodge the visa application under this stream.
- Choose the Agreement stream if you are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.
Regional employer who can nominate must:
- Have a genuine need for a paid employee to fill a skilled position
- Offer a skilled position in the applicant’s field that is full-time and ongoing for at least two years
- Pay a market salary rate
- Comply with Australian immigration and workplace relations laws
- Have no adverse information against you or your business
- Nominate a skilled position. This position must be:
- Continues or is committed to meet the training requirements under the subclass 457 visa program for the Temporary Residence Transition stream.
If you are qualified to apply any of the employer sponsored visa, we would assist you in the following:
- Preparation of your resume
- Prepare and submit your skill assessment application, if required
- Liaise and work with the sponsoring employer on all the documents required for Standard Business Sponsorship and Nomination application
- Work with Regional Certifying Body to obtain employment clearance of the nominated occupation for the employer
- Work with state or territory government to obtain nomination
- Submit Express of interest , prepare and submit visa application
