 |
| EMPLOYMENT NOMINATION SCHEME
(Work Visa) : - |
| If your skills are required by an
eligible Australian employer they can recruit you permanently,
provided that the employers have been unable to fill a vacancy
from within the Australian labour market or through their own
training programs. |
| The ENS process has two
stages : |
 |
Nomination by an
employer; and |
 |
The nominee's application for
a visa. | |
| 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 (which is published in a
Government Gazette Notice) |
 |
Attract a base salary that is
at least the minimum salary that has been published in a
Government Gazette Notice for the
occupation. | |
| Requirements for the
candidate : - |
| 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
(published in a Government Gazette Notice) and, unless
exceptional circumstances apply, has at least 3 years
experience in the occupation |
 |
Attract a base salary that is
at least the minimum salary that has been published in a
Government Gazette Notice for 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. | |
| Exceptional
circumstances |
| In certain circumstances, where a
position is so unusual or highly specialized 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. |
| Regional Sponsored Migration
Scheme |
| The Regional Sponsored Migration
Scheme (RSMS) enables Australian employers in regional or
low-growth areas to fill 'skilled' positions, on a permanent
basis, with non-Australian citizens, where they have been
unable to fill a vacancy from the Australian labor market or
through their own training programs. |
| Labour
Agreements |
| A Labour Agreement enables
Australian employers to recruit a specified number of workers
from overseas in response to identified or emerging labour
market (or skill) shortages. This is a formal arrangement
negotiated between the Commonwealth Government and the
employer or industrial association. |