Employee Nominated Sponsorship - Permanent Resident Visa

An increasingly popular option to apply for a Permanent Residence visa is Employer Nominated Sponsorship.

Employer Nominated Sponsorship (ENS) is subclass 856 and if applying outside Australia it is a subclass 121.

In Regional Australia it is called Regional Sponsorship Migration Scheme (RSMS), subclass 857.

The difference between ENS and RSMS is that the assessment criteria are much less rigorous in the RSMS then the ENS.

For the Nomination to be approved, the employer must be able to show that:

  • the business is actively and lawfully operating in Australia;
  • the employer has a satisfactory training record, or in the case of a new business, must make satisfactory provision for future training;
  • the business has solid financial records that can support the salary of a sponsored person;
  • the tasks of the position correspond to the tasks of an occupation that is on the ENS Skilled Occupation List;
  • the salary will not be less then the Gazetted minimum level;
  • In RSMS applications. the Regional Certifying Body (RCB) in that region must approve the position and business for sponsorship before lodging to DIAC

For the Applicant to be approved, they need to be able to meet one of the following criteria:

  • the person has already been working in the occupation for two years (with at least the last one year working for the nominating employer) while holding a qualifying temporary visa (including the 457 visa, medical practitioner, religious worker., sports and educational visas); OR
  • the person’s skills and qualifications have been assessed by the relevant assessing body in Australia, and the person has 3 years work experience in the nominated occupation (the 3 years can be waived for exceptional appointments) OR
  • the person is being nominated to fill a position that attracts a base salary in excess of $ 151,500

3 Year Position Requirement
There needs to be a signed formal contract between the employer and applicant in which the position is stated that it is for 3 years which does not exclude the possibility of renewal.

Applicants over the age of 45
An ENS or RSMS provides the opportunity for skilled applicants over the age of 45 to apply for Permanent Residence.

Applicants 45-49
If the applicant is over 45 but under 50 years old, the circumstances may be considered exceptional if:

  • the position is essential to the operation of the business and
  • the visa applicant or their nominating employer demonstrates that it is not possible to find a suitably qualified person younger than the applicant.

Applicants 50-54
If the applicant is 50 years or older but under 55, the circumstances may be considered exceptional if:

  • the occupation is on the Migration Occupation in Demand List or an ASCO 1-3 occupation and
  • the visa applicant or their nominating employer demonstrates that the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.

Applicants 55-59
If the applicant is 55 years or older but under 60, the circumstances may be considered exceptional if:

  • the occupation is on the Migration Occupation in Demand or an ASCO 1-2 occupation and;
  • the position would normally require a person with skills and experience acquired over many years and;
  • the visa applicant or their nominating employer demonstrates that the position is so unusual or highly specialised that it is not possible to find a suitably qualified person younger than the applicant.

Contact us to find out more about Employer Nominated Sponsorship.