The Employer Nomination Scheme (ENS) is a permanent, employer-sponsored visa. It allows a potential employer to nominate a skilled person for a position which meet their business needs where a labour market shortage might otherwise exist. It also allows potential employees to rely on their skills, work experience and qualifications as an opportunity to migrate to Australia as a permanent resident.
The process is two-stage:
Business Nomination Application
This application involves an application which specifies the details of the position and identifies the nominee.
The nominating employer must be a legally established and currently operating business in Australia. There must be no ‘adverse information’ regarding the business. It is also important to demonstrate that the business is financially viable.
The employer must also be able to demonstrate:
that there is a genuine need for the position
that the tasks and responsibilities of the role align with those listed in ANZSCO (the occupation must be selected from the MLTSSL)
that the business has the capacity to employ the person for at least two years
appropriate employment conditions are being offered, including minimum salary requirements with reference to the Annual Market Salary Rate (AMSR) and the Temporary Skilled Migration Income Threshold (TSMIT).
There are two main streams:
(1) The Temporary Residence Transition (TRT) stream
This stream provides a transition pathway to permanent residence for Subclass 457 or Subclass 482 (TSS) visa holders who can demonstrate that they have worked on a full time basis for the sponsoring employer for 3 years (or 2 years if your Subclass 457 was granted or applied for before April 2017 OR if you meet the relevant COVID-19 exemptions).
(2) The Direct Entry (DE) stream
This stream provides an opportunity for employers to nominate a qualified visa applicant where they can show that there are no suitably qualified Australian citizens or permanent residents from the local labour market who can fill the position.
There is also a third stream, called the ‘labour agreement stream’ for employers who are party to a labour agreement.
2. Visa application
The second step is to apply for a visa for the primary applicant and any dependent family members.
The visa applicant must:
Be under 45 years of age
Have a ‘competent’ level of English
Have the required skills and qualifications needed to perform the tasks of the nominated occupation
Hold any compulsory registration or licence required for the occupation
Under the TRT stream:
Have completed at least 3 years of full time employment for the sponsoring employer in the nominated occupation as the holder of a Subclass 457 and/or TSS visa (or 2 years if the Subclass 457 was applied for before April 2017 OR if you meet relevant COVID-19 exemptions).
Under the DE stream:
Have at least 3 years full time relevant work experience, unless an exemption applies.
Have a positive skills assessment, unless an exemption applies
Meet relevant health and character requirements.
We can help with each step of the process, including advice and assistance with a skills assessment if necessary.
ELIGIBILITY CRITERIA:
Have at least 3 years relevant work experience in your nominated occupation
Be nominated by an Australian employer whose business is actively and lawfully operating
Be less than 45 years of age
Meet relevant health and character requirements
If applying under the TRT stream - have completed 3 years full time employment with the nominating employer on a relevant Subclass 457 or Subclass 482(TSS) visa
If applying under the DE stream - have a positive skills assessment in an eligible skilled occupation
BENEFITS:
Once approved, the visa holder and included family members are permanent residents of Australia
Once the the application has been submitted and the applicant has moved onto the corresponding Bridging Visa, they are eligible to apply for Medicare
The visa carries no conditions.
visa conditons:
There are no formal visa conditions, but there is a general expectation that the visa holder will work for the sponsoring employer for at least 2 years from the date of the visa grant. Once the two years has concluded, this visa allows the visa holder and any dependent family members to live and work anywhere in Australia. The visa holder is not required to maintain employment in the nominated occupation.