The Employer Nomination Scheme (ENS) allows Australian Employers to fill certain “highly skilled positions” with non-Australian citizens or residents. This can be done on a permanent or temporary basis.
There are two stages in the ENS process:
Nomination by the Employer
Nominee’s Application for Visa.
Employer nomination
The start of the process begins when the employer submits a completed form with all the necessary documentation. The employer must be able to demonstrate that:
They need a paid employee, the business sis located in Australia and that they are the employer.
The vacancy requires the appointment of a “highly skilled person”. This usually means a person who has completed 3 years formal training, or equivalent experience, usually of 5 years.
If applicable, the employee is eligible for any mandatory licensing, registration or professional body membership.
The person is a full time, fixed term appointment of at least 3 years, which does not exclude the possibility of renewal.
The employer has a satisfactory training record.
The employer must be able to show that the position cannot be filled from the Australian labour market.
The terms and conditions of employment must be in accordance with the standards for working conditions provided under the Australia industrial laws.
Nominee’s application for a visa
Once they have been nominated the nominee must lodge a visa application and pay relevant application charges. The visa application will be assessed against the following:
That the Nominee has the relevant skills.
That the nominee meets the definition of a “highly skilled person”.
That the nominee is able to meet any mandatory licensing, registration or professional body member ship requirements.
That the employment is still available.
That the nominee is less the 45 years of age.
That the nominee has vocational English ability.
That the nominee, and all other members, meet mandatory health and character requirements.
BUSINESS MIGRATION
The Business Migration category encourages successful business people to settle permanently in Australia and develop businesses. It is intended that business migrants should benefit Australia by:
Developing international markets.
Transferring capital and making investments.
Creating or maintaining employment.
Exporting Australian goods and services.
Introducing and using new or improved technology.
Substituting Australian-made products for goods that would otherwise be imported.
Adding to commercial activity and competitive within sectors of the Australian economy.
Who can apply
Business owners, senior executives and investors are eligible to apply for a Business Skills visa, either from overseas or locally.
Business owner are required to demonstrate that they have a successful business career overall and that for two of the four fiscal years preceding their application they have:
Had net assets in business of not less than A$200,000.
Been involved in and responsible for the overall management of a business in which they have at least ten (10) per cent ownership.
As meeting these requirements, business owners must pass a point test which assesses factors such as turnover, annual labour cost, total business assets, age, language ability, and net personal assets.
Senior executives must demonstrate that they have had a successful business career and:
for two of the four years of the 4 years proceeding their application they have been employed in the top three levels of management of a business which has an annual turnover of A$50 million.
pass a points test which assesses factors such as age, English language ability and net personal assets.
Investment-linked applicants must demonstrate a history of successful ownership and management of business and/or investment activities. I addition, applicants must:
make an investment into a State or Territory Government security of between A$750,000 and A$2 million, for a period of three
demonstrate that they have assets worth at least 50 per cent more than their proposed investment.
pass a points test which assesses age and English language ability.
What must business migrants do after they arrive in Australia
Once business migrants arrive in Australia it is expected that they will:
Establish a new business.
Become an owner or part-owner of an existing business in Australia with a significant level of ownership.
Actively participate in the management of the business.
Having established a successful business as a temporary resident, remains in Australia permanently to continue that business.
The progress of business migrants is monitored after arrival in Australia. Where no significant steps have been taken towards engaging a business within the first three years of arrival, the Minister for Immigration has the power to cancel the right to Australian residence of the business person and his/her family.
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