Permanent Employer Sponsored Visas

Employer Nomination Scheme (Subclasses 121 & 856)

Overview
The Employer Nomination Scheme (ENS) allows Australian employers to nominate highly skilled workers for permanent visas. These workers could be either:
• Highly skilled people from overseas (Subclass 121 – Offshore); or
• Highly skilled people holding certain visas who are temporarily living in Australia (Subclass 856 – Onshore)

ENS applications are not points tested and are given priority processing in the Skilled Stream.

Application process
In general, the application process is as follows:
1. Employer applies to the Department for approval of nominated skilled position as an ‘approved appointment’
2. Nominated employee makes a separate application for a visa

Requirements
Under Australian laws, there are requirements which must be met by each employer and employee for a successful application under the ENS Subclasses 121 and 856.

EMPLOYER

Employers wishing to have a nominated position approved for the ENS need to demonstrate:
1. They are actively and lawfully operating in Australia
2. They have made adequate provision for training employees in work relevant to the business
3. They need a paid employee to fill the position
4. The position is full time, ongoing and available for at least three (3) years
5. The occupation is specified on a list of eligible occupations: it must be on the Employer Sponsored Nomination Scheme Occupation List (ENSOL)
6. They are paying the minimum salary which is specified for the particular occupation, as well as meeting all relevant Australian standards and workplace legislation for wages and work conditions.

EMPLOYEE

The following are requirements which all employees under the ENS, including both Subclass 121 and 856, must meet. In addition, each type of applicant must meet further requirements depending on which Subclass you are eligible for – see below for further requirements for onshore and offshore applicants.
1. You must have an employer willing to sponsor you
2. You must demonstrate you have the appropriate skills and qualifications to work in the nominated position
3. The nominated position you intend to fill is listed on the ENSOL
4. You must be able to meet any compulsory requirements for the nominated position, such as licensing, registration or membership of profession bodies
5. You are under 45 years of age
6. You must provide a letter of appointment or contract signed by you and your employer
7. You must have good English skills
8. You meet health and character requirements (see Public Interest Criteria)
9. If you are an onshore applicant (Subclass 856 visa), you must be in Australia at the time of application holding a qualifying visa (link). You also must meet one of the following:
 You have worked full time in Australia in this nominated occupation, and holding a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary visa, for the last 2 years, including at least the last 12 months with the nominated employer; or
 You have been nominated for a highly skilled senior executive position with a salary of at least $165,000 per year; or
 You have had your skills assessed by the relevant skills assessing authority listed on the ENSOL and have at least three (3) years full time work experience in the occupation
10. If you are an offshore applicant, you must be outside Australia at the time of the application and meet the skilled requirement - you must have had your skills assessed by the relevant skills assessing authority listed on the ENSOL and have at least three (3) years full time work experience in the occupation

Under some exceptional circumstances, the employee may seek exemption from one or more of the eligibility requirements by lodging a submission for an exceptional appointment.

Obligations
Under Australian law there are obligations which must be met by both parties under the ENS (Subclasses 121 & 856)
• The employer must comply with relevant Australia standards and workplace law for wages and working conditions
• The employee as a permanent resident must obey all Australian laws

Regional Sponsored Migration Scheme (Subclass 119 & 857)

Overview
The Regional Sponsored Migration Scheme (RSMS) allows Australian employers in regional and low population growth areas of Australia to fill full time skilled permanent vacancies that have been certified by a Regional Certifying Body (RCB). This scheme aims to increase migration to regional Australia to increase the skill level and population.

Both the employer and the nominated position must be in a regional area of Australia. The skilled worker can be either:
• Highly skilled people from overseas (Subclass 119 – Offshore); or
• Highly skilled people holding certain visas who are temporarily living in Australia (Subclass 857 – Onshore)

RSMS applications are not points tested and are given priority processing in the Skilled Stream.

Application process
In general, the application process is as follows
1. Employer’s nomination is certified by the authorised RCB
2. Approval of the employer nomination
3. Nominee’s visa application

Requirements
Under Australian laws, there are requirements which must be met by each employer and employee for a successful application under the RSMS Subclasses 119 and 857.

EMPLOYERS
For both Subclasses 119 and 857, employers wishing to have a nominated position approved for the ENS need to demonstrate:
1. The nomination has been approved by the relevant RCB, which will take into account the following criteria in determining a genuine need for the position:
• The business must be lawfully operating in the activity for which it is registered in regional Australia (all areas of Australia except for, Brisbane, Gold Coast, Newcastle, Sydney, Wollongong, Melbourne or Perth.)
• There must be a need for a paid employee
• The position must be full time, ongoing and available for at least two (2) consecutive years
• The occupation requires a person with qualifications equivalent to Australia diploma level or higher.
2. The business follows all relevant Australian laws and has a satisfactory record of meeting immigration laws (if applicable)
3. The nominated position is in a business operated by the employer
4. The position is paid in accordance with relevant law and award rates

EMPLOYEE
The requirements are similar for all employees under the RSMS (both Subclasses 119 and 857)
1. You must have relevant qualifications for the nominated position, which are equivalent to at least an Australian diploma level
2. You must be able to meet any compulsory licensing, registration or professional membership requirements
3. You must have been offered a full time position for a fixed term of at least two (2) years (supported by evidence of a contract or letter of appointment signed by both the employer and the employee)
4. You must be under 45 years old
5. You must have good English language ability
6. If you are applying for the onshore (Subclass 857) visa, you must be in Australia at the time of visa application; and holding a qualifying visa (link)
7. If you are applying for the offshore (Subclass 119) visa, you must be outside Australia at the time of visa application

Under some exceptional circumstances, the employee may seek exemption from one or more of the eligibility requirements by lodging a submission for an exceptional appointment.

Obligations
There are obligations which must be met by both parties under the RSMS (Subclasses 119 & 857)
• Employer must make sure all workplace laws and ensure award conditions are met, and provide the employee with a letter of offer or an employment contract stating that the employee will be employed full time, in a regional area, for a minimum of two (2) years.
• Employee must commence employment within 6 months of arrival in Australia or within 6 months of visa grant if already in Australia, and remain employed in the nominated position in the regional area for at least two (2) years.

Qualifying Visas
People who are temporarily within Australia and wishing to apply for permanent residency under the ENS or RSMS must hold one of the following ‘qualifying’ visas.
If you do not currently hold a qualifying visa, you may still be eligible to apply if you last held a qualifying visa no more than 28 days prior to lodging an application.
The following qualifying visas apply under the ENS and RSMS programs:
• Business (Temporary) Class TB
• Cultural/Social (Temporary) Class TE
• Educational (Temporary) Class TH
• Family Relationship (Temporary) Class TL
• Interdependency (Temporary) Class TM
• Medical Practitioner (Temporary) Class UE
• Special Category (Temporary) Class TY
• Supported Dependant (Temporary) Class TW
• New Zealand Citizen (Family Relationship) (Temporary) Class UP
• Skilled-Independent Regional (Provisional) Class UX
• Business (Long Stay) Subclass 457
• Working Holiday (Temporary) Class TZ
• Student (Temporary) Class TU (where the award course for which the visa was granted has been completed by the visa holder)
• Confirmatory (Temporary) Class TD
• Graduate-Skilled (Temporary) Class UQ
• Subclass 161 - Senior Executive (Provisional)
• Subclass 164 - State/Territory Sponsored Senior Executive (Provisional)
• Skilled (Provisional) Class VC
• Skilled (Provisional) Class VF.
The following additional visa qualifies for RSMS only:
• Subclass 471 Trade Skills Training (where the apprenticeship for which the visa was granted has been completed by the visa holder).