December 7, 2010

The Department of Immigration & Citizenship (DIAC) of Australia has issued a notification stating that the required salary for Employer Nomination Scheme (ENS) applicants who are applying on the basis of their salary has been raised from $165,000AUD/year to $250,000AUD/year, effective immediately.

What is the Employer Nomination Scheme? 

The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia.

The employees can be either highly skilled workers from overseas or highly skilled temporary residents currently in Australia.

The ENS process consists of two distinct steps: 1. assessment of the nomination lodged by an employer; and assessment of the application for a visa by a person nominated by the employer.

What are the Eligibilty Requirements?
ENS visa applicants must meet the following requirements:
  1. Must hold a qualifying visa
  2. The nominated position must relate to an occupation listed on the Employer Nomination Skilled Occupations List  (ENSOL).

ENS visa applicants must also meet one of the following requirements:

  1. have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
  2. have been nominated to fill a position with a base salary of more than$250,000AUD per annum (excluding superannuation or allowances) – this has changed from $165,000AUD per annum,
  3. have had his/her skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

Applicants must also:

  1. have an employer who is willing to sponsor them for permanent residency
  2. demonstrate that he/she has the appropriate skills, qualifications and/or experience to fill the position
  3. meet any mandatory licensing, registration or professional membership requirements which allow the applicant to work unsupervised and without further training
  4. be under 45 years of age
  5. provide a letter of appointment or a contract signed by both the employer and the applicant
  6. have vocational English language ability

ACTION ITEMS FOR EMPLOYERS 

Note the new base salary requirement for ENS applicants, effective immediately. 

Caveat Lector | Warning to Reader 

This is provided as informational only and does not substitute for actual legal advice based on the specific circumstances of a matter. Readers are reminded that Immigration laws are fluid and can change a moment’s notice without any warning. Please reach out to your local Pro-Link GLOBAL specialist should you require any additional clarification. Pro-Link GLOBAL worked with our PLG | KGNM Correspondent Office in Australia to provide you this update.