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"WE CLAIM NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION.
APPLICATION OF LAW CAN VARY DRASTICALLY ACCORDING TO THE FACTS OF A
PARTICULAR CASE. MUCH OF THE INFORMATION PROVIDED ON THIS WEB SITE IS
GENERIC IN NATURE PLEASE CONSULT YOUR LAWYER FOR PERTINENT ADVICE."
The Employer Nomination
Scheme (ENS) allows Australian employers to fill highly skilled positions
in Australia, with a non-Australian citizen or resident, when the
employer:
- Cannot find suitably
qualified person from the Australian labor markets, and
- Is unable to provide
for their staffing needs through their existing training program
The ENS process consists
of 2 distinct parts:
- The first applies to
the assessment of the nomination lodged by an employer; and
- The second applies to
the assessment of your nominee’s application for visa
Nominations are assessed
against the following min criteria:
- The employer must
demonstrate need for a paid employee in business located in Australia
and operated by the nominating employer
- The vacancy requires
an appointment of highly skilled person who has completed 3 years of
formal training or equivalent experience.
- The employer must
offer a full-time, fixed term appointment of at least 3 years which
does not include the possibility of renewal
- The employer must have
a satisfactory training record or, if a new business, must make
satisfactory provision for future training
- The employer must meet
the Labor Market requirements and
- The terms and
conditions of employment offered must be in accordance with the
standards for wages and working conditions provided for under relevant
Australian Industrial Laws
An employer must show
that they have been unable to find an Australian citizen or resident who
is suitable for the appointment. An employer must provide documentary
evidence of having tested the labor market before nominating an overseas
employee. Labor market testing must occur within 6 months of lodgment of
the nomination.
A decision on the
nomination will be made on the basis of the information provided, your
circumstances and the legal processing requirements in place when the
application is lodged and the charge paid.
The applicant will be
advised in writing whether your nomination has been approved or not. The
letter will explain the steps your nominee will need to follow to obtain
their visa.
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The business skills
program focuses on business people with proven record as a successful
business or investment owner or senior executive. There are seven
subclasses:
- Business owners or
part owners of businesses (sub-class 840 for people already in
Australia on a temporary visa and sub-class 127 for people applying
outside Australia)
- Senior Executive- for
business executives of major businesses (sub-class 841 for people
already in Australia on temporary visa and sub-class 128 for people
applying from outside Australia)
- State/Territory-
sponsored business owner (sub-class 842 for people already in
Australia on a temporary visa and sub-class 129 for people applying
from outside Australia)
- State/Territory-sponsored
senior executive (sub-class 843 for people already in Australia on a
temporary visa and sub-class 130 for people applying outside
Australia)
- Investment Linked- for
owners or part owners of investments or/and business(es) (sub-class
844 for people already in Australia on a temporary visa and sub-class
131 for people applying from outside Australia )
- Established business
in Australia- for part owners of businesses established in Australia
for at least 18 months (sub-class 845)
- State/Territory
sponsored regional established business in Australia (sub-class 846).
This classification is for owners or part owners of business(es)
established in designated are of Australia for a minimum of two years
who are sponsored by State/Territory business development agency.
For each
sub-class there are some key requirements that needs to be met for an
applicant to qualify for the visa. For a detailed advice on your
particular situation please consult your lawyer. Some general requirements
are:
- Minimum investment of
around A$ 200,000, actual amounts does not vary substantially among
various sub-classes, except for sub-class 844/131 where the minimum is
A$ 3 million
- Proof of a successful
business career
- Retain substantial
ownership in the proposed business
- You have not been
involved in s business or investment activity not acceptable in
Australia
- Score 105 points on
the points table. Detailed description of points table can be found on
the application form but it generally takes into consideration age,
language skills, business assets, turnover etc.
Approved
applicants get visas, which give them the right to travel to and from
Australia as they wish, usually valid for 5 years. At the end of this
period, you can apply for a further multiple entry visa if you meet
residence requirements, or you can demonstrate that you have engaged in a
business of benefit to Australia. You will have the same rights as other
permanent residents. However, as a business skills visa holder, you must
tell Department of Immigration and Multicultural Affairs (DIMA) your
residential address in Australia for three years after grant of your visa.
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