Employer
Nomination Scheme-- Frequently asked questions
1. What
is the Employer Nomination Scheme?
The
Employer Nomination Scheme (ENS) enables Australian
employers to nominate highly skilled overseas staff to
fill positions that cannot be filled from within the
Australian labour market or through the employer's own
training programs.
Positions
must be "highly skilled", full-time and
available for a period of at least three years.
Positions must also be in accordance with the
standards for wages and working conditions provided
for in relevant Australian workplace legislation.
ENS
consists of two distinct stages:
2. What
is a "highly skilled" position?
A
"highly skilled" position is position that
requires the appointment of a "highly
skilled" person. That is, a person who has
completed at least 3 years of formal training (or has
an equivalent amount of on the job training - usually
5 years), and has also completed 3 years of relevant
post-training work experience.
3. What
are the nomination requirements for the Employer
Nomination Scheme?
To
nominate a person for a "highly skilled"
position under the Employer Nomination Scheme the
employer must demonstrate that:
-
the
business is located in Australia and lawfully
operated by the employer,
-
the
employer has a satisfactory record of training
Australian employees,
-
there
is a genuine need for a paid employee to fill a
vacant position in the business,
-
the
vacant position requires the appointment of a
"highly skilled" person (who is also
eligible to hold the relevant Australian licences
or registrations if required),
-
the
position is a full-time, fixed-term appointment
available for at least three years,
-
the
position could not be filled from the Australian
labour market,
-
the
terms and conditions of employment are in
accordance with the standards for working
conditions provided under Australian industrial
laws.
See:
Form
785, Employer nomination under the Employer
Nomination Scheme (PDF* file, 100kb)
4. What
are the visa requirements for the Employer Nomination
Scheme?
To apply
for a permanent visa under the Employer Nomination
Scheme, you must:
-
be
nominated to fill a highly skilled position by an
Australian business,
-
be
under 45 years of age
-
have
the relevant skills and experience for the
nominated position
-
meet
the definition of a "highly skilled"
person,
-
satisfy
any mandatory licensing, registration or
professional membership requirements,
-
have
vocational English language ability,
-
meet
health and character requirements
-
if
applying in Australia, be the holder of a
qualifying visa.
See:
Form
47ES, Application for employer sponsored migration
to Australia (PDF* file, 130kb)
5. What
if I do not meet all the visa requirements. What do I
do?
In
certain circumstances, where a position is so unusual
or highly specialised that the employer is unlikely to
find anyone who meets the established criteria to fill
the vacancy, exceptions to the "highly
skilled", age or English language requirements
can be made.
Under
the Employer Nomination Scheme the "exceptional
appointment" provisions can only apply to the 3
year post training experience component of the highly
skilled definition.
The
employer must include a submission with their
nomination application which demonstrates the special
skills required and/or the difficulties experienced
finding a nominee who does meet the "highly
skilled", age or English language requirements.
If the
department accepts the nomination as exceptional, a
visa can then be granted to a person who:
-
does
not have at least three years relevant
post-training employment experience, or
-
is
45 years or older, or
-
has
less than vocational English.
6. How
does an employer demonstrate that they cannot fill a
position from within the Australian labour market?
Under
the Employer Nomination Scheme, an employer must show
that they have been unable to find an Australian
citizen or resident who is suitable to fill the vacant
position that is being nominated.
Employers
must provide evidence that they have unsuccessfully
tested the labour market in the six months period
before nominating an overseas employee, by:
-
advertising
in professional or trade journals and, where
appropriate, the internet,
-
lodging
the position as a vacancy for at least 4 weeks
with a 'job placement' service provider,
-
seeking
advice from recognised professional or industrial
bodies acceptable to the Department of Employment
and Workplace Relations (DEWR) on the availability
of specialist skills, and
-
advertising
in a Saturday and a weekday edition of both a
metropolitan and a national daily newspaper (a
total of four separate advertisements).
All
advertisements must accurately reflect the duties of
the position, the salary to be paid, and all other
benefits offered. They must also be prominently
displayed so as to attract a maximum response.
The
subsequent nomination application should include
details of all unsuccessful Australian applicants for
the position, and reasons why they were not selected.
Under
certain circumstances, the department may waive the
normal labour market testing requirements described
above. An employer seeking such a waiver should
provide a submission to the department showing why
labour market testing would not have helped the
employer to fill the vacancy.
Senior
academic and senior scientific reseach positions are
accepted as satisfying labour market testing
requirements without advertising. This same concession
applies to nominated positions with primarily
religious duties.
Labour
market testing is not necessary for occupations on the
Migration Occupations in Demand List (MODL). The MODL
lists occupations in which qualified employees are
known to be currently in short supply in Australia.
See: Migration
Occupations in Demand List (MODL)
7. How
do I nominate a "highly skilled" person from
overseas to live permanently in Australia under the
Employer Nomination Scheme?
Migration
booklet 5, Employer Sponsored Migration,
contains information on nominating "highly
skilled" staff from overseas to live permanently
in Australia.
It lists
the basic requirements that must be met and includes
all necessary application forms as well as a checklist
of supporting documents.
You can
obtain migration booklet 5 free online or purchase it:
-
in
Australia: by telephoning the general inquiry
number 131 881, or
-
overseas:
by contacting your nearest Australian diplomatic
office.
The
appropriate nomination form is form 785, Employer
nomination under the Employer Nomination Scheme.
When you
lodge your nomination application you should ensure
that your application is complete, that is:
-
the
nomination form is signed and every question is
answered clearly, honestly and in English,
-
the
necessary fee has been paid, and
-
all
necessary supporting documents are attached.
It is in
your interest to support your nomination with as much
information as possible as a decision may be made
solely on the information you provide at time of
application. Do not supply original documents with
your nomination, unless we ask for them. You should
provide certified copies of original documents.
Documents
in languages other than English must be accompanied by
a certified English translation.
Completed
nominations can be lodged at the nearest departmental
business centre either by you in person, by someone
else on your behalf, or by mail.
You may
wish to consider using the Skill Matching Database to
identify suitably-qualified workers for nomination
under the Employer Nomination Scheme.
The
Skill Matching Database contains the educational and
occupational details of prospective skilled migrants.
See:
Booklet
5, Employer Sponsored Migration,
Form
785, Employer nomination under the Employer
Nomination Scheme (PDF* file, 100kb)
Immigration
charges (fees)
Skill
Matching Database Internet Version Search Page
Business
centres
Employer-sponsored
migration
* PDF
files require the Adobe Reader on your computer.
See: Using PDF files.
8. How
do I apply to live permanently in Australia under the
Employer Nomination Scheme?
You must
first be nominated by an Australian employer to fill a
highly skilled position that the employer has not been
able to fill with an Australian citizen or permanent
resident.
Migration
booklet 5, Employer Sponsored Migration,
contains information on applying for a permanent visa
under the Employer Nomination Scheme.
It lists
the basic requirements that must be met and includes
all necessary application forms as well as a checklist
of supporting documents.
You can
obtain migration booklet 5 free online or purchase it:
-
in
Australia: by telephoning the general inquiry
number 131 881, or
-
overseas:
by contacting your nearest Australian diplomatic
office.
The
appropriate application form is form 47ES, Application
for employer sponsored migration to Australia.
When you
lodge your visa application you should ensure that
your application is complete, that is:
-
the
application form is signed and every question is
answered clearly, honestly and in English,
-
the
visa application charge has been paid, and
-
all
necessary supporting documents are attached.
It is in
your interest to support your application with as much
information as possible as a decision may be made
solely on the information you provide at time of
application. Do not supply original documents with
your application, unless we ask for them. You should
provide certified copies of original documents.
Documents
in languages other than English must be accompanied by
a certified English translation.
If you
are in Australia, you should lodge your application at
the same departmental office as your employer lodged
their nomination application (your employer will be
able to tell you which office this is).
If you
are outside Australia, you should lodge your
application at the nearest Australian diplomatic
mission overseas.
Applications
can be lodged by you in person, or by someone else on
your behalf, or by mail.
See:
Booklet
5, Employer Sponsored Migration,
Form
47ES, Application for employer sponsored
migration to Australia (PDF* file, 130kb)
Immigration
charges (fees)
Office
and Contact Details In Australia
Office
and Contact Details Outside Australia
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