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The Employer Nomination Scheme Visa allows foreign individuals who have been nominated (sponsored) by an employer to permanently live and work in Australia. This article will discuss how a foreign individual can obtain permanent residency in Australia through the Employer Nomination Scheme Visa.
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The Employer Nomination Scheme Visa lets foreign skilled workers obtain Australian permanent residency provided that they have an Australian employer sponsoring them.
The purpose of this visa is to fill positions in the Australian workforce where there is a genuine need for a foreign person. In other words, a foreign person is needed by the sponsoring employer because Australian workers are unavailable or unsuitable for the position.
Under this visa, foreign applicants can permanently live and work in Australia; sponsor family members in their application; and apply for Australian citizenship later down the track.
Foreign individuals can apply for the Employer Nomination Scheme Visa under one of the following streams:
This article will discuss the direct entry stream and the temporary residence transition stream.
The direct entry stream and the temporary residence transition stream are similar with slight differences in eligibility requirements. Both streams require the applicant to:
Both streams require the applicant to be nominated by an eligible Australian employer who is actively and legally operating in Australia. To be eligible, the employer’s business must:
Once the employer’s nomination has been approved by the Department of Home Affairs, the applicant must apply for the Employer Nomination Scheme Visa within six months from the date of approval.
In addition to the ‘common criteria’ mentioned above, applicants wishing to apply under the direct entry stream need to also:
A skills assessment is required to show the Department of Home Affairs that the applicant possesses the skills required to work in the occupation that the employer is nominating them for. Skills assessments can only be issued by the relevant assessing authority4 as they determine whether the applicant’s skills meet the industry standards set for their occupation.
Together with the ‘common criteria’, applicants wishing to apply under the temporary residence transition stream need to also:
Under this stream, the legislative test is that the applicant work in the same position for the required period of three years.
Additionally, the applicant needs to work at least three years full time for same employer who sponsored their TSS visa. However, they can be exempted from this condition if one of the following apply:
The Employer Nomination Scheme Visa will cost the applicant AUD4,890 and an additional fee will be applied for each family member included in the visa application. If any family member over the age of 18 has less than functional English, applicants will also be required to pay a second charge of AUD4,890.
The processing time for the visa varies between the two streams. Generally, 90% of applications are processed within:
To avoid any delays with the processing time, applicants should ensure that they correctly fill in the long application form and upload all relevant documents.
The Employer Nomination Scheme Visa is a pathway to Australian permanent residency for foreign individuals who have a skilled occupation and have been nominated by their employer.
Foreign individuals who do not have an employer sponsoring them may consider applying for one of the points tested skilled migration visas instead. For more information on point tested skilled migration, you may wish to read our General Skilled Migration article.
Comasters is able to prepare a comprehensive visa application to the Department of Home Affairs on behalf of clients.
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1 https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list.
3 https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character.
4 https://immi.homeaffairs.gov.au/visas/working-in-australia/skills-assessment/assessing-authorities.
© Comasters March 2021.
Important: This is not advice. Clients should not act solely on the basis of the material contained in this paper. Our formal advice should be sought before acting on any aspect of the above information.