The Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) programs are divided into three and two streams respectively. The Direct Entry and Temporary Residence Transition streams appear in both programs, while the Labour Agreement stream is only present in ENS. Majority of the requirements are related to the nomination process and, therefore, are applicable to employers only. However, under the Temporary Residence Transition stream there are certain criteria that applicants need to meet.
Direct Entry
Australian Business Requirements
- Business is actively and lawfully operating in Australia
- Nomination is for a position in the business
- There is a genuine need for a paid employee to fill a skilled position
- Skilled position is full-time and ongoing for at least two years with a possibility of being extended
- Position meets the Salary and employment condition requirements
- Business has the capacity to pay the worker at least the annual market salary rate for two years
- Position is an occupation that appears on the list of eligible skilled occupations
- The Skilling Australians Fund (SAF) levy is paid by the business
- Nominated occupation tasks need to correspond to ANZSCO specified tasks for the same occupation
- Business and position must be located in regional Australia
- Position cannot be filled by an Australian citizen or permanent resident who lives in, or would move to, the area
- Nominated occupation tasks need to correspond to ANZSCO specified tasks for the same occupation
- Advice regarding market salary rates and genuine need has been provided by a Regional Certifying Body (RCB)
Temporary Residence Transition
Generally, in order to be nominated under this stream a skilled worker need to:
- Be a primary holder of a Temporary Skill Shortage (TSS) visa, and
- Have worked for the nominating employer for at least three out of the previous four years before the nomination
Australian Business Requirements
- Business is an existing standard business sponsor
- Business is actively and lawfully operating in Australia
- Skilled worker will work directly for the business unless nominated in certain medical occupations
- There is a genuine need for a paid employee to fill a skilled position
- Skilled position is full-time and ongoing for at least two years with a possibility of being extended
- Position meets the Salary and employment condition requirements
- Business has the capacity to pay the worker at least the annual market salary rate for two years
- Nominated occupation has the same four-digit occupation unit group ANZSCO code as the TSS visa occupation
- Position is an occupation that appear on the list of eligible skilled occupations
- The Skilling Australians Fund (SAF) levy is paid by the business
Labour Agreement
Australian Business Requirements
- Business has entered into a labour agreement with the Australian Government
- Agreement is in effect and includes nomination ceilings for a permanent visa which remain available
- Position is an occupation listed in the labour agreement
- Business has met any other nomination requirements specified in the agreement
- The Skilling Australians Fund (SAF) levy is paid by the business
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