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Employer Nomination Scheme - 856

The Employer Nomination Scheme is the permanent version of the 457 visa. It requires an Australian business and a 3 year position for the employee. There is a higher level of skill required by the applicant than for the 457 visa.

The main areas where you could benefit from Acacia’s expertise include:

  • getting a waiver for the maximum 45 age limit and the stringent English requirement;
  • obtaining approval for nomination (employer side) - in particular, provisions of adequate information on training;
  • many applicants require skills assessment - Acacia has significant experience in dealing with the various skills assessing authorities.

Duration and Conditions

Results in the grant of a permanent visa with full work and study rights in Australia. Travel facility is valid for 5 years

Criteria

Employer Side (Nomination): The employer must apply for approval of the nomination of non-citizen to fill a specific position in Australia. This will involve the following:

  • The position to be filled must be on the gazetted occupations list for ENS visas.
  • The position must meet the minimum gazetted salary level:
    • $43,440 for non-ICT workers
    • $59,480 for most ICT workers
  • The position must be full-time and open for at least 3 years, with the possibility of renewal after this.
  • The applicant must be employed in accordance with Australian labour law.
  • The sponsor must demonstrate that the business is established in Australia, and is in a satisfactory financial position.
  • The sponsor must establish that there is a satisfactory record of training Australian employees.

Employee Side (Visa Application):

  • The employee must meet one of the following 3 "skill options":
    • Skills assessment plus 3 years of work experience in the occupation (work experience can be waived in "exceptional circumstances"); or
    • Minimum salary of at least $165,000; or
    • Has been in Australia on a long-stay temporary visa (for example a 457 visa) and worked in the occupation for the last 2 years, and has been worked for the employer for at least the last 12 months; or
  • Employee must generally be under 45 (a waiver is available in "exceptional circumstances")
  • The employee must have at least vocational English (this requirement can also be waived)
  • The applicant and family unit must meet full health & character requirements

Do I Apply in Australia or Overseas?

The Nomination (Employer Side) must be lodged in Australia. The visa application must be made at the same DIAC post which processed the nomination. However, only holders of certain temporary visa classes (including 457 visas and student visas) are entitled to be granted an ENS visa in Australia.

 


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