8/9/2019 Australian Employer Nomination Scheme Visa 4

http://slidepdf.com/reader/full/australian-employer-nomination-scheme-visa-4 1/3

Employer Nomination Scheme Visa ( Subclass 856 / 121)

The Employer Nomination Scheme (ENS) Australian permanent residence visa programmeallows Australian employers to pick highly skilled people and nominate them for a

permanent visa to Australia where they have not been able to fill the nominated positionfrom within Australia.

Application Stages to the Employer Nomination Scheme Visa

There are two stages to this visa process:

1)The employer applies to the Australian Department of Immigration and Citizenship (DIAC)

for approval of the nomination of the worker,

2) The nominated worker applies for the visa and must satisfy the relevant criteria.

Basic Eligibility Requirements

There are a number of basic requirements which the employer must satisfy in order to makea successful nomination under the Employer Nomination Scheme permanent residence

pathway.

The employer must ensure that the position nominated is highly skilled and is on the

Employer Scheme Nomination List (ENSOL).

The nominated position must be available for at least 3 years and the salary must be above

the minimum salary set by the Australian government and also meet applicable marketsalary rates for the position in the relevant industry.

Once the employer nomination is approved, the nominated worker has 6 months to applyfor their Australian permanent resident visa before the nomination approval expires.

No Points test applicable

An applicant applying for an ENS Employer nomination scheme (subclass 856) visa does notneed to satisfy the points test.

The 3 Tracks to Australian Permanent Resident via the ENS Pathway

3 pathways for successfully applying for the subclass 856 visa to permanently migrate toAustralia are established by Australian immigration law, one of which must be satisfied by

you in your visa application -

•  Have your skills assessed and have at least 3 years relevant working experienced inthe nominated occupation unless you can show compelling circumstances to waive

the 3 year working experience requirement,

•  Have been in Australia on a subclass 457 temporary work visa for 2 years andworked at least 1 year for the nominating employer,

8/9/2019 Australian Employer Nomination Scheme Visa 4

http://slidepdf.com/reader/full/australian-employer-nomination-scheme-visa-4 2/3

•  Have been nominated in a highly paid senior executive position with an annual

salary, at the time of writing this article, of at least $165 000.

 

Subclass 121 (Migrant) vs Subclass 856 (Residence)

The Australian Employer Nomination Scheme permanent residence visas can be applied for

either in Australia or outside of Australia. If you apply outside of Australia different criteriawill apply compared to if you apply in Australia for an ENS scheme permanent visa to

Australia.

Subclass 121 is the offshore subclass of visa under which you should apply if you areapplying from outside of Australia.

Subclass 856 is the onshore subclass of visa if you are in Australia and are applying forAustralian permanent residence with the support of, and nomination of, your Australian

employer.

Further Eligibility Requirements

Please note that generally all visa applicants regardless of whether you live in Australia or

offshore must satisfy a list of basic criteria to apply successfully for a permanent residencevisa under the Employer Nomination Scheme pathway.

Generally you must -

•  Be under 45 years old,

• 

Have a score of 5 across all 4 test components in the IELTS tests: that is you musthave at least ‘vocational English’ language skills.

•  Demonstrate that you have the appropriate skills, qualifications and or experience

to fill the position.

•  Have an employer who is willing to sponsor you for permanent residency

•  Meet any mandatory licensing, registration or professional membershiprequirements which allow you to work unsupervised and without further training

•  Have a contract of employment of 3 years with your nominating employer.

 

Conclusions

The Australian government encourages visa applications under the employer nomination

scheme however, these applications are tested as rigorously as all Australian permanentresidence visa applications.

8/9/2019 Australian Employer Nomination Scheme Visa 4

http://slidepdf.com/reader/full/australian-employer-nomination-scheme-visa-4 3/3

If a visa application that is lodged with the Australian Department of Immigration andCitizenship fails to satisfy any single criteria set by Australian immigration law for the grant

of that visa, then the application is bound to fail and will be refused.

Therefore, it is important to have accurate and up-to-date legal advice and assistance in

preparing your permanent residence visa application because quite simply, your future is

riding on it!

For an assessment of your application and whether you will be successful in achieving

permanent residence in Australia under the Employer Nomination Scheme pathway, pleasecontact either Ray Turner or Stewart Coulson immediately by clicking here Contact Us - 

Turner Coulson Immigration Lawyers