Employer Nomination Scheme (ENS) Visa -SC 186
The ENS visa enables employer-nominated skilled workers to permanently reside and work in Australia.
The Visa is offered under three streams:
- Direct Entry Stream: Intended for applicants with the necessary qualifications or experience in an eligible occupation.
- Transition Stream: Designed for 457 visa or 482 TSS Visa holders who have worked for their nominating employer for a minimum of two or three years.
- Agreement Stream: Geared towards applicants who are sponsored by an employer under a labour agreement.
Eligibility:
To be eligible for the visa, the applicant:
- Must receive a nomination from their employer.
- Must genuinely carry out the duties of the nominated position.
- Must possess the necessary skills and qualifications for the position. The Temporary Residence Transition stream is typically for individuals who have worked full-time for three years under a TSS/457 visa in the same occupation, with their nominating employer offering them a position in that occupation.
- The Direct Entry stream is for applicants who have already received a positive skills assessment in the nominated occupation and wish to directly apply for permanent residence.
- Applicants must be under 45 years of age (with age exemptions available under the Temporary Residence Transition stream).
- Must demonstrate at least competent English language proficiency.
- Must fulfil the necessary health and character requirements.
Nominated Position
To be eligible for nomination, the business:
- Must be actively and legally operating in Australia.
- There must be a genuine requirement for the visa applicant in the nominated position, which is under the direct control of the business.
- The business must have the capacity to employ the individual in that position for a minimum of 2 years.
- The position must be full-time and available for at least 2 years from the visa grant.
- The position must be listed on the current Medium to Long-term Strategic Skills List (MLTSSL), unless there are transitional provisions.
- The position must offer a salary of at least AUD70,000 per year and meet the market salary rate for the nominated occupation.
- Employers pays the applicable SAF levy.
- The employment conditions for the position must be no less favourable than those applicable to Australians performing equivalent work in the same location.
- The Labour Agreement stream is for applicants employed or to be employed by an employer who is a party to a labour agreement and sponsored through a work contract. Please contact Prestige Legal Group (PLG) for specific information regarding your industry’s negotiated agreement with the Department.
Requirements:
For the visa application process, the applicant for the visa must demonstrate meeting certain requirements, including:
- Passport bio page.
- Marriage/Birth certificates if they include their spouse and dependents.
- Provide proof of any mandatory licences, registrations, or professional affiliations required for the nominated occupation.
- Provide documents that validate your skills and qualifications, such as certificates or diplomas.
- To demonstrate competent English, the test results must be obtained within three years prior to the application date.
- Health documents.
- Australian police certificate (if you have spent a total of 12 months or more in Australia in the past ten years since turning 16).
- Overseas police certificates from every country, including your home country, where you have spent a total of 12 months or more in the past ten years since turning 16.
- If you are in a relationship, provide your partner’s identity documents, character documents, and marriage certificate (or sufficient evidence to prove a de facto relationship of at least 12 months). Evidence can include joint bank account statements, joint leases, and documents demonstrating cohabitation.
- Partner must also provide evidence of functional English proficiency.
Here’s how we assist:
Our experienced team are equipped to provide comprehensive assistance in all aspects of the employer-sponsored visa processing. Our expertise covers various areas, including business sponsorship applications, nomination applications, visa applications and compliance with sponsorship regulations and restrictions.
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