Employer Nomination Scheme (ENS)
Background
The Employer Nomination Scheme (ENS) allows Australian employers to fill highly skilled positions in Australia with a non-Australian citizen or resident. The ENS enables Australian employers to recruit, on a permanent basis, highly skilled staff from overseas
or temporary residents currently in Australia, when they have been unable to fill a vacancy from within the Australian labour market or through their own training programs.
The process
The ENS process consists of 2 distinct stages:
Stage 1: Nomination by the employer
Stage 2: Nominee's application for a visa.
Stage 1: Nomination by the employer
The employer must:
- evidence a genuine employer/employee relationship with their nominee;
- be actively and lawfully operating in Australia;
- have a need for a paid employee;
- have a satisfactory record of training Australians; and
- be an employer of good standing;
The position must:
- correspond to a highly skilled occupation that appears on a list of occupations gazetted for the purposes of the ENS;
- be full-time and available on a permanent basis;
- be paid at least a specified minimum salary; and
- comply with all relevant Australian standards and workplace legislation for wages and working conditions.
Stage 2: Nominee's application for a visa
There are specific skill and qualification requirements which must be met by the visa applicant to be granted the visa.
The applicant must meet one of the following:
1. Have been working full time in the occupation for which he/she has been nominated, in Australia, while holding a specified visa (eg 457 visa) for at least 2 years immediately prior to applying for the visa (including at least the last 12 months with the nominating employer); OR
2. Have qualifications assessed as equivalent to the Australian standard and have 3 years post-qualification experience in the occupation (unless the position is an exceptional appointment): OR
3. The position attracts a base salary of at least the amount of salary specified in a Gazette Notice (currently A$165,000).
The visa applicant must also:
- Be eligible to hold any license, registration or professional membership that is necessary to work in the position in Australia; AND
- Be under 45 years and have vocational English skills, unless the position is an exceptional appointment.
The visa applicant and any dependent family members must meet mandatory health and character requirements.
InterStaff are able to assist the employer and employee through the whole process by:
- Providing documents lists to the employer and visa applicant.
- Draft forms for both the nomination and visa applications.
- Provide the visa applicant with Instructions on how to apply for police clearances.
- Provide the visa applicant with information on Permanent residency health checks.
- Prepare submissions addressing the appropriate Immigration legislation.
- Once the applications are lodged, communicate with the Department of Immigration on the status of the applications.
- Provide updates on the progress of the applications.
InterStaff employs dedicated experienced registered migration agents who can help you secure permanent skilled employees to help met your skilled labour needs.
