The employer must apply and lodge the nomination application at a departmental Business Centre in Australia. The nomination will be assessed against the following requirements.
The employer must:
- be actively and lawfully operating in Australia
- have a genuine need for a paid employee to fill a position in the employer’s business
- have a satisfactory record of compliance with immigration law and workplace relations law
- have made adequate provision for training existing Australian employees, or if a newly established business, be making adequate provision for future training of Australian employees.
The position in the employer’s business must:
- be full-time and available for at least three years
- be in accordance with the standards for working conditions provided under Australian industrial laws
- correspond to an occupation on the ENS List of Occupations;
- attract a base salary that is at least the minimum salary that has been published in a Government Gazette Notice for the occupation
The nominee must complete the Application for employer sponsored migration to Australia and pay an application charge.
The visa application must be lodged at the same departmental Business Centre in Australia as the employer lodged the corresponding nomination. Visa applicants under the ENS must be nominated by an Australian employer in accordance with the ENS nomination requirements and before the visa can be granted that nomination must be approved. In addition, the visa application will be assessed against the following:
- either the applicant:
- has worked full-time in Australia in the occupation for which they have been nominated for the last 2 years, including at least the last 1 year working for the nominating employer
- has been nominated to
fill a highly paid senior
executive position with a
salary of more that $151,500
per annum
or - has had their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, has at least 3 years experience in the occupation
- the applicant is able to satisfy any mandatory licensing, registration or professional membership requirements
- unless exceptional circumstances apply, the applicant is less than 45 years of age
- unless exceptional circumstances apply, the applicant has Vocational English language ability
- the applicant and all family unit members meet mandatory health and character requirements.
In certain circumstances, where a position is so unusual or highly specialised that the employer is unlikely to find anyone who meets the established criteria to fill the vacancy, exceptions to the 3 years experience, age or English language requirements can be made.
The visa applicant must include a submission with their visa application which demonstrates the special skills required and/or the difficulties their employer experienced finding a nominee who does meet the experience, age or English language requirements.
At Visa & Immigration Services Australia we offer two ENS Visa Packages for clients interested in coming to Australian under the Employer Nominated Scheme (ENS). Click on the links below for a detailed description of the service offered:
