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Businesses are entitled to hire foreign workers on temporary and permanent visas.

The Employer Nomination Scheme is the permanent component of Australia's employer sponsored visas. It contains the 186 and 187 visas.
Background

The ENS and RSMS program contains employer sponsored visas for skilled foreign workers in certain occupations. The 186 and 187 visas are both permanent resident visas, though this is dependent on a number of factors including the occupation, age, or salary. These visas both contain a nomination and visa component.

What can we do for you?

With extensive experience representing the world’s largest corporations, SMEs, and start ups, our staff are well placed to assist with all issues in relation to the employer sponsored visa process, including: business sponsorship applications, nomination applications, compliance and sponsorship bars.

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What are the stream types?

The ENS program contains three streams:

  1. the Temporary Residence Transition Stream;
  2. the Direct Entry Stream; and
  3. the Labour Market stream.

The Temporary Residence Transition Stream

Firstly, the business seeking to employ a visa applicant must:

  1. still be actively and lawfully operating in Australia;
  2. genuinely need the visa applicant in the nominated position under its direct control, and have the capacity to employ the individual in that position for 2 years.

Secondly, the position to be filled must:

  1. be full time and available for at least 2 years from the time the visa is granted;
  2. be an occupation included on the current Medium to Long-term Strategic Skills List (MLTSSL) (unless transitional provisions apply);
  3. have a salary that is at least (a) $53,900 per annum and (b) at least the annual market salary rate for the nominated occupation;
  4. be subject to conditions of employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.

Thirdly, the visa applicant must:

  1. have held a 457 visa or a 482 visa to work on a full-time basis in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 3 years during the last 4 years;
  2. be genuinely performing the tasks of the nominated position;
  3. have competent English;
  4. be under 45 years of age (unless exempt);
  5. meet any mandatory licensing, registration or professional membership requirements;
  6. satisfy the relevant health and character criteria.

The Direct Entry Stream

Firstly, the business seeking to employ a visa applicant must:

  1. be actively and lawfully operating in Australia;
  2. genuinely need the visa applicant in the nominated position under its direct control, and have the capacity to employ the individual in that position for 2 years.

Secondly, the position to be filled must:

  1. be full time and available for at least 2 years from the time the visa is granted;
  2. be an occupation included on the current Medium to Long-term Strategic Skills List (MLTSSL) (unless transitional provisions apply);
  3. have a salary that is at least (a) $53,900 per annum and (b) at least the annual market salary rate for the nominated occupation;
  4. be subject to conditions of employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.

Thirdly, the visa applicant must:

  1. have competent English;
  2. have their skills assessed as suitable for the occupation by the relevant skills assessing authority;
  3. have at least 3 years of experience in the nominated occupation;
  4. be under 45 years of age;
  5. meet any mandatory licensing, registration or professional membership requirements;
  6. satisfy the relevant health and character criteria.

Employer Nomination Scheme (ENS) / Regional Sponsored Migration Scheme (RSMS) nomination

The ENS and RSMS visas are both employer sponsored visas for permanent residency. Both visas comprise of a nomination, and a visa stage, though their requirements differ slightly.

  1. ENS – requires the nominator to demonstrate that there is a genuine need for the nominee to work as a paid employee under its direct control, meet specified training benchmarks, and nominate an occupation on a specified list;
  2. RSMS – requires the nominator to obtain approval from a Regional Certifying Body (RCB) attesting to various factors.

Labour Agreement

Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and standard temporary or permanent visa programs are not available.

Labour agreements are developed between the Australian government (represented by the Department) and employers. They are generally in effect for five years.

Consultation & Assessment

Engagement & Document Request

Document Checklist

Application Drafted

Application Lodged

Visa Granted

We offer a simple step by step process to prepare and lodge your application. Following our initial consultation you will have a complete advice setting out a tailored fee schedule, procedure, and timeline.

We have strict service deliverables between each stage to ensure that you can have complete control over your schedule.

Speak to our team directly to determine the timeline for an individual in your circumstances.

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