Getting an Employer Nomination Visa

There are a range of different visas which lead to permanent residence in Australia that are based on employer nomination. They are the employer nomination scheme, or ENS, the Regional Sponsored Migration Scheme, or RSMS and Labour Agreement visa programs. There is also the Invest Australia Supported Skill, or IASS, program which exists to allow international corporations to transfer key managerial and specialist personnel to Australia. Under the IASS program, an applicant can obtain a labour agreement visa.

In relation to all employer nomination visas, a skilled worker must be lodged at a departmental Business Centre in Australia. The visa application by the worker must be lodged at the same departmental Business Centre at which the nomination was lodged. This applies whether the application is made from outside Australia or from within Australian borders. All the visas give the holder the right to travel in and out of Australia for a period of 5 years and the holder may remain in Australia indefinitely if they subsequently apply for permanent residence in Australia.

Usually, if an applicant is in Australia and makes a valid application for a visa that can be granted while the applicant is in Australia, they will be eligible for a bridging visa. The type of bridging visa they are eligible for depends largely on whether or not they hold a substantive visa at the time of lodging the current visa application. Visa applicants for this type of visa and their accompanying family members need to satisfy the standard PIC 4005 health requirements.

The employer nomination scheme allows Australian employers to nominate highly skilled people for permanent visas. The ENS process has two parts. First, the employer must apply to the Department for approval of a nominated position as an approved appointment. Secondly, the nominated employee must make a separate application for a visa. For a visa to be granted the nominated appointment must be approved and the visa applicant must meet relevant criteria for the grant of the visa. The visa application and the application by the employer for approval of a nominated position can be lodged at the same time. Alternatively, the application for approval of the nominated position can be lodged first and the visa application can then be lodged up to six months after the nomination is approved.

For the nomination to be approved by the employer, there must not be any history of the employer being convicted under s140L of the Migration Act. The employer has to be actively and lawfully operating a business in Australia, have the need for a paid employee in the business and have made provision for the training of the employees. There are also a number of requirements for the position required. The minimum salary level is $41,850 and it must be for at least 3 years with the possibility of renewal and involve tasks which correspond to the tasks of an occupation in the skilled occupations list.

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