Employer Nomination Scheme (ENS)

Covid-19 Update:
  • Due to Covid-19, certain clients who are onshore may need further time in Australia. Under the current rules, visas do not automatically 'extend'. You will need to apply for a new visa before your current visa runs out. In certain cases, to obtain a new visa, you may need a waiver of 'no further stay'.
  • Due to Government distancing requirements, Haydn Brand -Registered Migration Agent is currently available for Zoom and phone meetings for the time being.

This is a permanent visa which allows Australian businesses to nominate a skilled worker to stay in Australia and work in their business.  It is comprised of two steps, the first is the nomination, and the second is the visa application.

Workers who hold a s/c 457 (or certain TSS visa holders) may be able to use this to transition from their temporary visa, into a permanent visa!

There are three streams, the main being the direct and 457/TSS holder pathways.  You only have to meet one set of criteria.

The main criteria are listed below, however note that there are some concessions for employers who are located in a regional area of Australia.

 

The business nominates the position and occupation in the business

  • business is lawfully operating a business in Australia, no adverse info (or reasonable to disregard)
  • identify the position, occupation
  • pay the new skilling Australians fund levy for the worker
  • the worker generally has to be under 45 (unless exempt)
  • the worker requires 'competent' English (unless exempt)
  • there are some specialised exemptions for New Zealand citizens

 

  • If the worker has already been working for you on a certain 457 or TSS visa
  • -- the worker needs to have been working for you for 2 or 3 years (depending on transitional provisions in the new laws)
  • -- the sponsor for that visa nominates them for PR
  • -- demonstrate capacity to employ the person
  • -- pay the market salary rate
  • -- nominate the occupation (note there are transitional arrangements here, and you will need to contact us for advice on the occupation requirement that applies)
  • -- demonstrate the worker is genuinely performing the tasks of their occupation
  • -- demonstrate genuine position and need for the worker to fill the role
  • -- there are concessional health criteria through this pathway

 

  • Direct (no need for a preceding 457 or TSS visa)
  • -- demonstrate capacity to employ the person
  • -- pay the market salary rate
  • -- nominate the occupation from the skilled occupation list
  • -- demonstrate the worker is genuinely performing the tasks of their occupation
  • -- demonstrate genuine position and need for the worker to fill the role
  • -- the worker requires a skills assessment and three years' work experience (unless exempt)

 

Please note the above is generalised information, this is a complex visa and policy is being changed on an updated basis.  You should contact us for professional advice that is specific to your circumstances.

Note that labour agreements are an alternative stream (not covered in this overview)

taxonomy

Disclaimer

* the above information is general only, and there may be visa options available for your specific circumstances.

* the information provided in this website is for general information purposes and correct at time of writing.  We hope this information is of assistance to you, however migration law changes often, therefore please contact Haydn Brand Registered Migration Agent for the latest.