Employer Nomination Scheme Visa ( Subclass 856 / 121)

The Employer Nomination Scheme (ENS) Australian permanent residence visa programme allows Australian employers to pick highly skilled people and nominate them for a permanent visa to Australia where they have not been able to fill the nominated position from within Australia.

Application Stages to the Employer Nomination Scheme Visa

There are two stages to this visa process:

1)The employer applies to the Australian Department of Immigration and Citizenship (DIAC) for approval of the nomination of the worker,

2) The nominated worker applies for the visa and must satisfy the relevant criteria.   

Basic Eligibility Requirements

There are a number of basic requirements which the employer must satisfy in order to make a successful nomination under the Employer Nomination Scheme permanent residence pathway.

The employer must ensure that the position nominated is highly skilled and is on the Employer Scheme Nomination List (ENSOL).

The nominated position must be available for at least 3 years and the salary must be above the minimum salary set by the Australian government and also meet applicable market salary rates for the position in the relevant industry.

Once the employer nomination is approved, the nominated worker has 6 months to apply for their Australian permanent resident visa before the nomination approval expires.

No Points test applicable

An applicant applying for an ENS Employer nomination scheme (subclass 856) visa does not need to satisfy the points test.

The 3 Tracks to Australian Permanent Resident via the ENS Pathway

3 pathways for successfully applying for the subclass 856 visa to permanently migrate to Australia are established by Australian immigration law, one of which must be satisfied by you in your visa application -

·         Have your skills assessed and have at least 3 years relevant working experienced in the nominated occupation unless you can show compelling circumstances to waive the 3 year working experience requirement,

·         Have been in Australia on a subclass 457 temporary work visa for 2 years and worked at least 1 year for the nominating employer,

·         Have been nominated in a highly paid senior executive position with an annual salary, at the time of writing this article, of at least $165 000.

Subclass 121 (Migrant) vs Subclass 856 (Residence)

The Australian Employer Nomination Scheme permanent residence visas can be applied for either in Australia or outside of Australia. If you apply outside of Australia different criteria will apply compared to if you apply in Australia for an ENS scheme permanent visa to Australia.

Subclass 121 is the offshore subclass of visa under which you should apply if you are applying from outside of Australia.

Subclass 856 is the onshore subclass of visa if you are in Australia and are applying for Australian permanent residence with the support of, and nomination of, your Australian employer.

Further Eligibility Requirements

Please note that generally all visa applicants regardless of whether you live in Australia or offshore must satisfy a list of basic criteria to apply successfully for a permanent residence visa under the Employer Nomination Scheme pathway.

Generally you must -

·         Be under 45 years old,

·         Have a score of 5 across all 4 test components in the IELTS tests: that is you must have at least ‘vocational English’ language skills.

·         Demonstrate that you have the appropriate skills, qualifications and or experience to fill the position.

·         Have an employer who is willing to sponsor you for permanent residency

·         Meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training

·         Have a contract of employment of 3 years with your nominating employer.

Conclusions

The Australian government encourages visa applications under the employer nomination scheme however, these applications are tested as rigorously as all Australian permanent residence visa applications.

If  a visa application that is lodged with the Australian Department of Immigration and Citizenship fails to satisfy any single criteria set by Australian immigration law for the grant of that visa, then the application is bound to fail and will be refused.

Therefore, it is important to have accurate and up-to-date legal advice and assistance in preparing your permanent residence visa application because quite simply, your future is riding on it!

For an assessment of your application and whether you will be successful in achieving permanent residence in Australia under the Employer Nomination Scheme pathway, please contact either Ray Turner or Stewart Coulson immediately by clicking here Contact Us - Turner Coulson Immigration Lawyers