As the talent market becomes tighter candidates careers are more transient than ever. As an
As an employer, you may struggle to hire the right talent and need to look abroad to hire the right skills.In this instance, you may consider the Employer Nomination Scheme (ENS 186) suitable for your needs.
Employer Nomination Scheme – Subclass 186
Firstly the Employer Nomination Scheme (ENS) allows Australian employers to sponsor international workers for permanent skilled positions in their business that cannot be filled due to Australia’s skilled labour shortage. There are two steps required for this visa:
1. Nomination by the Employer
If you do not already have an Australian employer willing to nominate you, you can lodge an Expression of Interest through the DIBP Skill Select database. This will allow prospective employers and also State/Territory Governments to view your details and offer a nomination.
- The Australian employer may nominate you and will need to demonstrate the following:
- They are actively and lawfully operating in Australia;
- They have a genuine need for a paid employee to fill a skilled position;
- They offer a skilled position in your field that is full time and ongoing for at least two years;
- They pay a market salary rate;
- They comply with Australian immigration and workplace relations laws;
- There is no adverse information known about the business or any person associated with the business.
Depending on the situation there may be other requirements which you should discuss with a qualified Migration Agent. We have trusted partnerships with Migration Agents to assist you with this process should you require.
2. Visa Application
After the nomination has been approved, you the employee must lodge your visa application within six (6) months. To qualify, you must:
- Be less than 50 years of age;
- Meet the prescribed English language criteria; and
- Hold the necessary skills and qualifications for the nominated position.
As a Digital Specialist, you may be interested in working and living in Australia. If you qualify, a 457 visa may be ideal for you.
Temporary Work Visa – Subclass 457
This visa allows skilled international workers to travel to Australia and work for an approved business for between three and four years in occupations that are listed in the Consolidated Skilled Occupation List. A business (Australian or overseas) can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to fill the skilled position at their workplace.
Requirements for the Temporary Work (Skilled) Visa – subclass 457
To be eligible for this visa, both you and your prospective employer will need to meet specific requirements for each stage of the three-step application process:
Step One: Sponsorship
To be an eligible sponsor for the Temporary Work visa, the business must be able to show it:
- Is an established and lawfully operating business;
- Meets certain Australian training and workplace requirements (if you are an Australian business only);
- Is compliant with the number of subclass 457 workers to be nominated;
- Can demonstrate that it has a genuine commitment to employing local labour, and uses non-discriminatory recruitment practices; and
- Has no relevant adverse information against the business.
Step Two: Nomination
Only an approved business sponsor may nominate a skilled international worker (as determined in Step 1). The nomination process identifies the occupation needed to be filled by the worker for the business in Australia. To nominate a skilled international worker for a 457 visa, the approved business sponsor must:
- Provide the name of the skilled international worker to be employed at the business;
- Provide the state in which the skilled international worker will be employed;
- Demonstrate that it meets direct employer requirements in Australia;
- Provide employment terms and conditions that meet Australian workplace standards;
- Meet the genuineness criterion set by the Department of Immigration and Border Protection;
- Meet the Temporary Skilled Migration Income Threshold; and
- Not be subject to any adverse information.
Step Three: Visa Application
This stage is where you, the skilled international worker, will need to demonstrate:
- That you are sponsored by an employer to fill a genuine position;
- That you have the relevant skills, qualifications and work experience which meets the nominated position;
- That you will be eligible for any relevant licenses or registration required for the nominated position
- That you possess vocational standards of the English language; and
- That you will be paid at least the minimum salary level that applies at the time a decision is made on your
- Temporary Skilled work visa, and that the terms and conditions of your employment are consistent with the obligations in the Australian labour market.
Once granted, holders of the Temporary Work visa will be able to:
- Work in Australia for up to four (4) years
- Bring any eligible family members with them to Australia (your eligible family members will also be able to work and study), and
- Travel in and out of Australia as often as you want, during the period of your visa.
There are a number of additional requirements that may need to be met at this stage, depending on the circumstances of the business which our Migration partners can assist with. Contact us for more information.