There are two visa options for employer nominated visas.
Employer Nomination Scheme (ENS)
The Employer Nomination Scheme allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia. There are three primary factors for the this visa subclass.
Employer
An employer is an Australian business that is seeking to fill a vacancy for an eligible position.
Employee
An employee is a foreign national who:
- meets the age, skill and language requirements
- has an employer that is willing to sponsor them for this visa.
Eligible position
An eligible position must meet the following requirements:
- be full-time, ongoing and available for at least 3 years
- provide working conditions that are no less favourable than provided for under the relevant Australian legislation and awards
- be a highly skilled occupation that is on the Employer Nomination Scheme Occupation List (ENSOL).
- meet the minimum salary level for ENS.
The ENS process is made up of two important stages:
1. Nomination by the employer
The Australian employer is required to satisfy certain requirements in order to obtain sponsorship status under this Visa type. These criteria include:
- demonstrating that they are actively and lawfully operating in Australia
- have a commitment to training existing employees
Once the employer can demonstrate that they satisfy the sponsorship criteria, the actual position to be filled (or "nomination") also needs to meet certain requirements. For example, the position must be full time for at least 3 years and be on the gazetted list of approved occupations for this category.
2. Visa application
Once the nomination has been approved, the Visa application can be lodged. The Visa application must be lodged at the same Business Centre of DIAC as the corresponding nomination, even if the nominee is outside Australia.
Another important factor to keep in mind is that the Visa application must be lodged within 6 months of the date of approval of the nomination, and you are also required to satisfy certain health and character requirements in order to meet the Visa criteria.
This visa allows you and any dependent family members included in your visa application to live as permanent residents in Australia.
Australian permanent residents can:
- live and work in Australia on a permanent basis
- study in Australia at school or university
- receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
- access certain social security payments (subject to waiting periods)
- be eligible for Australian citizenship (subject to the residency eligibility criteria)
- sponsor people for permanent residence.
Regional Sponsored Migration Scheme (RSMS)
The Regional Sponsored Migration Scheme (RSMS) is for employers in regional Australia, to fill skilled positions they are unable to fill from the local labour market.
Under the RSMS, employers are able to nominate staff from overseas or temporary residents currently in Australia to fill full-time, permanent vacancies. It is similar to the ENS, however additionally requires support from a Regional Certifying Body.
Employers
Australian employers in regional or low population growth areas of Australia can participate in this scheme. All areas of Australia are eligible except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth.
See: Eligible postcodes for the Regional Subclass 457 programme and Regional Sponsored Migration Scheme
Regional Certifying Bodies
Regional Certifying Bodies are organisations that:
- have knowledge of the skills shortages in their local area
- know whether a business is actively operating in their local area
- are able to assess positions under the legislative requirements of the scheme.
There are a number of Regional Certifying Bodies throughout Australia. All Regional Certifying Bodies are endorsed by the relevant state or territory government and many are branches of the State or Territory regional development portfolio.
Employees
An employee is a foreign national who:
- meets the age, skill and language requirements
- has an employer that is willing to sponsor them for this visa.
If eligible, employees and their accompanying family members will be granted a permanent visa.
Eligible position
An eligible position must meet the following requirements.
- is located in a regional area
- cannot be filled by an Australian employee
- is a genuine full-time vacancy
- is available for at least 2 consecutive years
- requires a person with qualifications equivalent to at least Australian diploma level (unless exceptional circumstances apply).
This visa allows you and any dependent family members included in your visa application to live as permanent residents in Australia.
Australian permanent residents can:
- live and work in Australia on a permanent basis
- study in Australia at school or university
- receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
- access certain social security payments (subject to waiting periods)
- be eligible for Australian citizenship (subject to the residency eligibility criteria)
- sponsor people for permanent residence.
