Employer
Nomination Scheme
This
information describes who is eligible to sponsor, and
to apply for migration, under the Employer Nomination
Scheme (ENS).
It is a general
guide only, but it will help you decide if
this category applies to you.
If you
decide you want to use this scheme, it is essential
that you read the detailed information in Booklet
5, Employer Sponsored Migration.
Contents
of this page -
Summary of
migration requirements
For Further information click here
Summary
of migration requirements
The ENS
has been developed for Australian employers to recruit
permanent, 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 ENS
process has two stages:
-
nomination
by an employer; and
-
the
nominee's application for a visa.
General
details of the process are given below.
1.
Requirements for an employer
In
brief, an employer must complete form
785, Employer nomination under the Employer
Nomination Scheme , pay the relevant fee, and be
able to demonstrate that:
-
they
have a need for a paid employee, that the business
is located in Australia and that it is operated by
the employer;
-
the
vacancy requires the appointment of a
'highly-skilled person';
-
if
applicable, the highly-skilled person is eligible
for any mandatory licensing, registration or
professional body membership where required;
-
the
position is a full time, fixed-term appointment of
at least 3 years, which does not exclude the
possibility of renewal;
-
the
employer has a satisfactory training record, or
for a new business, must make satisfactory
provision for future training;
-
the
employer must have demonstrated that the position
cannot be filled through the Australian labour
market, unless the position is on the Migrant
Occupations in Demand List (MODL); and
-
the
terms and conditions of employment must be in
accordance with the standards for working
conditions provided under Australian industrial
laws.
2.
Requirements for visa nominee
A visa
nominee must complete and lodge application form
47ES, Application for employer sponsored
migration to Australia (see later), and pay an
application charge.
In
general terms, the visa application will be assessed
against the following:
-
the
nominee has the skills relevant to the nominated
position;
-
the
nominee meets the definition of a 'highly-skilled
person';
-
the
nominee is able to satisfy any mandatory
licensing, registration or professional membership
requirements;
-
the
employment as outlined in the approved nomination
is still available;
-
the
nominee is less than 45 years of age;
-
the
nominee has vocational English language ability;
and
-
the
nominee and all family unit members meet mandatory
health and character requirements.
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