Wednesday, April 16, 2014 Neo Phoenix Pty Ltd

Employer Sponsored Permanent Residency / Migration Visa Changes

Employer Sponsored Permanent Residency / Migration Visa Changes

On 9 March 2012, the Minister for Immigration and Citizenship, the Hon Chris Bowen MP announced changes to the Permanent Employer-Sponsored visa program to be implemented from 1st July 2012.

These changes will impact the following current visa types:

•Employer Nomination Scheme (ENS)
•Regional Sponsored Migration Scheme (RSMS)
•Labour Agreements program.

Following a a comprehensive review, the reforms include:

• collapsing the existing visa subclasses from six to two. This will be achieved by:

  • removing the existing distinctions between in and outside Australia
  • replacing the permanent labour agreement visa with streams in the ENS and RSMS

 

• introducing a streamlined and simplified pathway to permanent residence for eligible Temporary Business (Long Stay) subclass 457 visa holders

•raising the upper age limit to less than 50 years

•changes to key visa criteria including English language and skill requirements

•introducing one consolidated sponsored occupation list to replace the 457 occupation list, the Employer Nomination Skilled Occupation List (ENSOL) and the State and Territory Sponsored Occupation List (StatSOL)

•strategically refocussing the regional certifying body (RCB) network to the Direct Entry stream of RSMS

•integrating the new ENS and RSMS visas with the skilled migrant selection model—SkillSelect, which will be launched on 1 July 2012.

A New ENS / RSMS Visa Structure

The current employer-sponsored visa classes and subclasses will be replaced with two new visas:

•Employer Nomination (Class EN) Employer Nomination Scheme (subclass 186)
•Regional Employer Nomination (Class RN) Regional Sponsored Migration Scheme (subclass 187).

Within each of these visa subclasses there will be three streams:

•The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last two years and the employer wants to offer them a permanent position in that same occupation.

•The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 for at least the last two years or are applying directly from outside Australia.

•The Agreement stream is for applicants who are being sponsored by an employer through a highly scrutinised and negotiated labour agreement or regional migration agreement.


An employer or visa applicant will need to meet the requirements of the particular stream.

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