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Permanent Employer Sponsored Visa Program

The Australian Government has announced reforms to the permanent employer sponsored visa program to be introduced on 1 July 2012.

The reformed Permanent Employer Sponsored visa program has been in place since 1 July 2012. The reforms that took effect were to improve the program’s ability to:

  • meet AustraIia’s economic needs
  • respond quickly to labour market demand
  • ensure limited program places go to those who will make the greatest contribution to Australia

About the program

The permanent employer sponsored visa program consists of the following:

  • Employer Nomination Scheme (ENS)
  • Regional Sponsored Migration Scheme (RSMS)
  • Labour Agreements program.

A Structure of the Program

The Employer Nomination Scheme consists of two subclasses of visas, namely:

  • Employer Nomination (Class EN) Employer Nomination Scheme (subclass 186)
  • Regional Employer Nomination (Class RN) Regional Sponsored Migration Scheme (subclass 187).

Within each of these visa subclasses there will be three streams:

  • The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for their employer for at least the last two years and the employer wants to offer them a permanent position in that same occupation.
  • The Direct Entry stream is for applicants who are untested in the Australian labour market and have not held a subclass 457 for at least the last two years OR are applying directly from outside Australia.
  • The Agreement stream is for applicants who are being sponsored by an employer through a highly scrutinised and negotiated labour agreement or regional migration agreement.

Temporary Residence Transition

Employers who want to nominate subclass 457 visa holders who they are currently sponsoring will need to met the following criteria:

The job or position being nominated for permanent residence is consistent with the position the person held while on their subclass 457 visa;

  • The position will continue o be available to the prospective migrant for at least two years;
  • The terms and conditions are the same as any that would apply to an Australian citizen;
  • The prospective migrant will be paid the ‘market rate’. That is, the nomine will be paid at least as much as an Australian employed in the same position in the same location;
  • The employer has met, or continues to meet, the subclass 457 training requirement. This is essentially that they have spent 1% of payroll on training or 2% to an industry fund.

Employers applying for an RSMS Temporary Residence Transition employer nomination will need to be actively and lawfully operating in Regional Australia.

Visa applicants who are eligible to apply through this stream will need to meet key visa criteria including

  • Being less than 50 years of age unless they are exempt;
  • Have English language proficiency of at least 5 in each of the 4 bands of the IELTS test, unless they are exempt;

These visa applicants will not to have their skills and qualifications assessed for the permanent visa because of their prior employment and continuing employer sponsorship.

The Direct Entry Stream

The Direct Entry Stream will be for visa applicants not able to apply for under the Temporary Residence Transition or who are outside Australia. It may also be an option for International Students.

Employers who apply through ENS Direct Entry will need to demonstrate:

  • The business is actively and lawfully operating in Australia;
  • The position is full- time and available for two years;
  • The nomination occupation is on the consolidated sponsored occupation list;
  • The applicant will be paid the market rate. That is, the nomine will be paid at least as much as an Australian employed in the same position in the same location;
  • The employer provides training to Australian employees

Visa Applicants under ENS Direct Entry will need to:

  • Provide a skills assessment and have at least 3 years of relevant experience ;
  • Be less than 50 years old;
  • Possess competent English, that is, equivalent to a score of 6 in each of the 4 bands of the IELTS test;

Employers who apply for RSMS Direct Entry will need to met different criteria that include:

  • The business is actively and lawfully operating in Australia;
  • The position is full- time and available for two years;
  • The position has been certified by an RCB;
  • The nominated position is classified as being a skill level 1- 3 occupation in ANZCO
  • The prospective migrant will be paid the market rate. That is, the nomine will be paid at least as much an Australian employed in the same job.

Visa Applicants under RSMS Direct Entry will need to:

  • Have a relevant Australian or overseas qualifications. Minimum qualification levels will be determined by the nominated ANZCO skill level 1 – 3 (trade occupations at skill level 3 will require a Trades Recognition Australia (TRA) assessment if they do not hold an Australian qualification)
  • Be 50 years unless they are exempt
  • Demonstrate Competent English, that is, a score of 6 in each of the 4 bands of the IELTS test.

Please note that in both ENS and RSMS in Temporary Residence Transition and Direct Entry there will be exempt criteria with regard to skill, age and English fluency. These will be tightly defined by DIAC, with more objective categories

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282 Victoria Avenue,
Chatswood NSW 2067
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