Wednesday, June 19, 2013 Neo Phoenix Pty Ltd

Visa Subclasses for Employer Nomination Scheme

Employer Nomination Scheme (ENS) (Subclass 121/856)

The ENS allows Australian employers to fill 'highly skilled positions' they have been unable to fill a vacancy from within the Australian labour market or through their own training programs by recruiting, on a permanent basis, highly skilled workers from overseas or temporary residents currently working in Australia.

The employer must demonstrate that:

  • The vacancy requires the appointment of a 'highly skilled person'
  • The highly skilled person is eligible for any mandatory licensing, registration or professional body membership where required
  • The employer has a satisfactory training record
  • The employer will usually be required to locally and advertise the position as evidence that the position could not be filled through the Australian labour market

The visa applicant must:

  • Have the skills relevant to the nominated position
  • Have vocational English language ability
  • Meet the definition of a 'highly skilled person'
  • Satisfy any mandatory licensing, registration or professional membership requirements
  • Be under 45 years of age (unless the appointment is exceptional
  • Meet health and character requirements along with any other relevant legislation

Regional Sponsored Migration Scheme (RSMS) (Subclasses 119/857)

This visa subclass provides the opportunity to Australian companies with businesses operating in regional areas of Australia (anywhere except the Brisbane, the Gold Coast, Newcastle, Sydney, Wollongong, Melbourne and Perth metropolitan areas) to employ skilled persons permanently to fill skilled positions within their organisations.

The employer must meet the following requirements:

  • Provide a genuine full-time vacancy, one that requires the skills of a person educated to at least Diploma level
  • Demonstrate that the position cannot be filled from the local labour market
  • Make the position available for a minimum period of 2 years
  • Ensure that remuneration and conditions of employment are in accordance with Australian industrial laws

Generally, the visa applicant must, be under 45 years of age, have a diploma level qualifications and 'functional' English language ability.

However, as with the ENS there are exceptions including if the position is of an exceptional nature a waiver of these core criteria can be requested. The applicant must also satisfy health and character requirements.

Labour Agreement (Subclass 120/855)

A Labour Agreement is a formal agreement negotiated between the Department of Immigration and Multicultural and Indigenous Affairs (DIAC) and the Department of Employment and Workplace Relations (DEWR), and an employer or industrial association. Labour agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified or emerging skill shortages in the Australian work market.

Business (Long Stay) Temporary (Subclass 457)

Businesses unable to meet its skill needs from within the Australian labour force, may be able to sponsor personnel from overseas on a temporary basis, to work in Australia for up to 4 years.

The Level 1 Service allows for a professional assessment of your business sponsorship eligibility if you are an employer operating in Australia and preparation of a written document containing advice, information, application forms and support to manage approval as business sponsor applicant and an employer sponsored visa.

This is our most popular service and many clients have successfully utilised this affordable alternative to traditional migration consultancy.

This service also comes with our ongoing email support and a free 30 minute telephone conversation. Our email support is now unlimited. It is our interest to ensure our clients are satisfied with our service, and if successful in migration know they can rely on us for any help and support they may need to make the transition to Australian life as easy as possible.

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Law Institute of Victoria
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   Teresa Morfuni

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