Employer Nomination Scheme (ENS)

This information is largely taken verbatim from DIAC web site.

The Employer Nomination Scheme (ENS) enables Australian employers to nominate highly skilled overseas workers to fill positions that cannot be filled from within the Australian labour market or through the employer's own training programs.

Positions are a bit more limited in that they must:

1. correspond to an occupation on the ENS List of Occupations,
2. receive pay at least equal to the minimum salary specified for the occupation in a government Gazette Notice, and
3. be full-time and available for a period of at least 3 years.

Positions must also be in accordance with the standards for working conditions provided for in relevant Australian workplace legislation.

ENS consists of 2 distinct stages:

1. Nomination by an employer; and
2. Worker application for a visa.

The major groups in this range of occupations are:

• Managers and Administrators;
• Professionals;
• Associate Professionals; and
• Tradespersons and related workers.

The government Gazette Notice which specified the ENS List of Occupations also specifies a minimum salary level for each occupation that can differ according to where the position is located in Australia.

Step 1. Nomination by an Employer

To nominate a position under the Employer Nomination Scheme the employer must be actively and lawfully operating in Australia, plus have a:

• genuine need for a paid employee to fill a position in the employer's business;
• satisfactory record of compliance with immigration law and workplace relations law; and
• commitment to training existing Australian employees.

Step 2. Migrant Application for a Visa

Job applicants must:

• be nominated by an Australian employer to fill a position that meets the nomination requirements;
• be under 45 years of age;
• have vocational English language ability;
• meet health and character requirements; and
• if applying in Australia, be the holder of a qualifying visa.

In addition, applicants must show they have the skills to do the job before they apply for the visa. There are 3 ways to prove this:

1. worked full-time in the same occupation for the last 2 years, including at least the last 1 year working for the employer who is nominating them (mostly used for ex SIR visa holders); or
2. be nominated to fill a highly paid senior executive position with a salary of more than A$151,500 per annum; or
3. have their skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least 3 years experience in the occupation.

In certain circumstances, where a position is so unusual or highly specialised that the employer is unlikely to find anyone who meets the established criteria to fill the vacancy, exceptions to the 3 years experience, age or English language requirements can be made. The visa applicant must include a submission with their visa application which demonstrates the special skills required and/or the difficulties their employer experienced finding a nominee who does meet the experience, age or English language requirements.

If the department accepts that exceptional circumstances exist, a visa can then be granted to a person who does not have at least 3 years relevant post-training employment experience; or is 45 years or older; or has less than vocational English.

If the nominated occupation requires the applicant to hold any kind of license or registration to work in Australia (for example, registered nurse or licensed plumber), they must also be eligible to hold the necessary license or registration before applying under the Australian Employer Nomination Scheme.

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