Australian Employer Nomination Scheme Visa ( Subclass 856 / 121)

Employer Nomination Scheme Visa ( Subclass 856 /?? Have been nominated in a highly paid senior
121)executive position with an annual salary, at the time of
The Employer Nomination Scheme (ENS) Australianwriting this article, of at least $165 000.
permanent residence visa programme allowsSubclass 121 (Migrant) vs Subclass 856 (Residence)
Australian employers to pick highly skilled people andThe Australian Employer Nomination Scheme
nominate them for a permanent visa to Australiapermanent residence visas can be applied for either in
where they have not been able to fill the nominatedAustralia or outside of Australia. If you apply outside of
position from within Australia.Australia different criteria will apply compared to if you
Application Stages to the Employer Nominationapply in Australia for an ENS scheme permanent visa
Scheme Visato Australia.
There are two stages to this visa process:Subclass 121 is the offshore subclass of visa under
1) The employer applies to the Australian Departmentwhich you should apply if you are applying from
of Immigration and Citizenship (DIAC) for approval ofoutside of Australia.
the nomination of the worker,Subclass 856 is the onshore subclass of visa if you
2) The nominated worker applies for the visa andare in Australia and are applying for Australian
must satisfy the relevant criteria.permanent residence with the support of, and
Basic Eligibility Requirementsnomination of, your Australian employer.
There are a number of basic requirements which theFurther Eligibility Requirements
employer must satisfy in order to make a successfulPlease note that generally all visa applicants regardless
nomination under the Employer Nomination Schemeof whether you live in Australia or offshore must
permanent residence pathway.satisfy a list of basic criteria to apply successfully for a
The employer must ensure that the position nominatedpermanent residence visa under the Employer
is highly skilled and is on the Employer SchemeNomination Scheme pathway.
Nomination List (ENSOL).Generally you must -
The nominated position must be available for at least 3?? Be under 45 years old,
years and the salary must be above the minimum?? Have a score of 5 across all 4 test components in
salary set by the Australian government and alsothe IELTS tests: that is you must have at least
meet applicable market salary rates for the position in?€?vocational English?€? language skills.
the relevant industry.??Demonstrate that you have the appropriate skills,
Once the employer nomination is approved, thequalifications and/or experience to fill the position.
nominated worker has 6 months to apply for their?? Have an employer who is willing to sponsor you for
Australian permanent resident visa before thepermanent residency
nomination approval expires.?? Meet any mandatory licensing, registration or
No Points test applicableprofessional membership requirements which allow
An applicant applying for an ENS Employer nominationyou to work unsupervised and without further training
scheme (subclass 856) visa does not need to satisfy?? Have a contract of employment of 3 years with
the points test.your nominating employer.
The 3 Tracks to Australian Permanent Resident viaConclusions
the ENS PathwayThe Australian government encourages visa
3 pathways for successfully applying for the subclassapplications under the employer nomination scheme
856 visa to permanently migrate to Australia arehowever, these applications are tested as rigorously
established by Australian immigration law, one of whichas all Australian permanent residence visa applications.
must be satisfied by you in your visa application -If a visa application that is lodged with the Australian
?? Have your skills assessed and have at least 3Department of Immigration and Citizenship fails to
years relevant working experienced in the nominatedsatisfy any single criteria set by Australian immigration
occupation unless you can show compellinglaw for the grant of that visa, then the application is
circumstances to waive the 3 year workingbound to fail and will be refused.
experience requirement,Therefore, it is important to have accurate and
?? Have been in Australia on a subclass 457up-to-date legal advice and assistance in preparing
temporary work visa for 2 years and worked at leastyour permanent residence visa application because
1 year for the nominating employer,quite simply, your future is riding on it!