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Employer Sponsored - Permanent Visa Options

Employer Nomination Scheme (subclass 121/856)
Allows Australian employers to employ highly skilled workers from overseas or highly skilled temporary residents currently in Australia.

For this visa you need:

  • An Australian Employer

  • A highly skilled employee

  • An eligible position on the current Employer Nomination Scheme Occupation List (ENSOL)

Australian Employer Requirements
To participate in the Employer Nomination Scheme, the employer must:

  • be actively and lawfully operating a business in Australia

  • have a genuine need for a paid employee to fill a position in their business

  • comply with Australian workplace laws and have a satisfactory record of meeting immigration laws (if applicable)

  • have a current training program for existing Australian employees, or if a newly established business, have a training strategy for future training of Australian employees

  • provide the employee with an offer of full-time, permanent employment.
    Highly Skilled Employee

The employee must demonstrate that they have the necessary skills and qualifications to fill the position for which they have been nominated. They can do this by:

  • working in Australia in the occupation for which they have been nominated for 2 years prior to applying for the ENS visa including at least 12 months with the nominating employer; OR

  • having their skills and qualifications assessed as equivalent to the Australian standard by the appropriate assessing body and 3 years post-qualification experience in the occupation; OR

  • be nominated for a position which attracts a base salary specified for highly paid executive positions. (Current level is $165,000).

Eligible position
An eligible position must meet the following requirements:

  • be full-time

  • be permanent and ongoing (at least 3 years)

  • meet all relevant Australian award requirements

  • be a highly skilled occupation that is on the ENSOL.

  • meet the minimum salary level indicated in the ENSOL.

Regional Sponsored Migration Scheme (subclass 119/857)
The Regional Sponsored Migration Scheme (RSMS) is for employers in regional or low population growth areas of Australia to employ skilled people in positions unable to be filled from the local labour market.

This visa needs:

  • An Australian employer

  • An eligible position

  • An employee who is a foreign national

Australian Employer and Position Requirements

To participate in the RSMS the employer must apply to the appropriate Regional Certifying Body for assessment of the nomination and meet the following criteria:

  • the employer must demonstrate a need for a paid employee

  • the business must be actively operating in regional Australia (all areas of Australia are eligible except Brisbane, the Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth).

  • the position is full time and available for 2 years

  • the position requires a person educated to diploma level or higher, or trained in a trade.

In addition, the Department of Immigration and Citizenship will assess the following criteria:

  • the nomination must be approved by a Regional Certifying Body

  • the business complies with relevant Australian laws and has no adverse immigration history

  • the nominated position is in a business operated by the employer

  • salary levels meet Australian workplace legislation and awards

Employee Requirements

To be eligible for a permanent visa under the Regional Sponsored Migration Scheme, the employee must:

  • have the relevant qualifications for the nominated position, which are equivalent to at least an Australian diploma level

  • meet any mandatory licensing, registration or professional membership requirements

  • have been offered a position for a fixed term of at least 2 years

  • be under 45 years

  • have Functional English language ability

  • meet health and character requirements

Under exceptional circumstances, employees may seek exemption from skill, language or age eligibility requirements.

Labour Agreement Program
Labour Agreements are formal arrangements for an Australian industry group or employer to recruit large numbers of overseas skilled workers on a temporary or permanent basis over a number of years.

Invest Australia Supported Skills Program
This program provides for entry of key personnel of overseas-based international firms making a significant investment in Australia or establishing business operations in Australia. Employers must apply for an agreement via Invest Australia and if successful may nominate temporary or permanent positions under the program.


     
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