Australia Employer Nomination Scheme

The Employer Nomination Scheme (ENS) allows employers to "sponsor" employees for permanent residence. Only Australian businesses can access the ENS program, and the nominated position must be open for at least 3 years. There is a higher level of skill required by the applicant than for the 457 visa.

The ENS visa is a commonly-used pathway for 457 visa holders to move onto a permanent visa.

Criteria
Employer Side (Nomination): The employer will need to provide the following information for the nomination

  • The position to be filled must be on the ENS occupations list.

  • The position must meet the minimum gazetted salary level:

    • $49,330 for non-ICT workers

    • $67,556 for most ICT workers

  • The position must be full-time and open for at least 3 years, with the possibility of renewal after this.

  • The applicant must be employed in accordance with Australian labour law.

  • The sponsor must demonstrate that the business is established in Australia, and is in a satisfactory financial position.

  • The sponsor must establish that there is a satisfactory record of training Australian employees.

Employee Side (Visa Application):
  • The employee must meet one of the following 3 "skill options":

    1. Skills assessment plus 3 years of work experience in the occupation (work experience can be waived in "exceptional circumstances"); or

    2. Minimum salary of at least $250,000; or

    3. Has been in Australia on a long-stay temporary visa (for example a 457 visa) and worked in the occupation for the last 2 years, and has worked for the employer for at least the last 12 months.

  • Employee must generally be under 45 (a waiver is available in "exceptional circumstances")

  • The employee must have at least vocational English (this requirement can also be waived)

  • The applicant and family unit must meet full health & character requirements

Duration and Conditions
Results in the grant of a permanent visa with full work and study rights in Australia.
Travel facility is valid for 5 years

Acacia's Expertise
Some of the more complex issues which arise in applying for ENS visas include
  • Getting a waiver for the maximum 45 age limit and the stringent English requirement;

  • Obtaining approval for nomination (employer side) - in particular, provisions of adequate information on training;

  • Skills assessment - Acacia has significant experience in dealing with the various skills assessing authorities.