The Employer Nomination Scheme (ENS) facilitated by the Australian Government aims to help businesses meet labor shortages by recruiting skilled employees from overseas. This process involves three key stages: approval of the standard business sponsor, the nomination stage, and the application stage. Below is a detailed overview of each stage and the associated requirements.

Stage I: Approval of Standard Business Sponsor

To sponsor an employee from overseas, a business must first gain approval from the Department of Immigration. This involves submitting an application with a set of required documents and meeting certain eligibility criteria. The basic documents required include:

• Business Registration (ASIC)
• ABN/ACN registration extract
• Premise agreement/mortgage document
• Evidence of business activity
• Current year profit and loss balance sheet from an accountant
• Income tax returns for the last year
• BAS statements
• Statement of purpose or a declaration from the employer highlighting the need for approval

Stage II: Nomination Stage

The nomination stage is critical and includes several specific requirements to ensure the integrity of the job position and the recruitment process. Key points include:

1. Identification of Employee and Employment Location
2. Contract of Employment: Must adhere to either an enterprise agreement or standards set by the Fair Work Commission.
3. Evidence of Market Rate Salary: This involves a complex process to determine the Annual Market Salary Rate (AMSR), which may require reports from sources like JobInsight, unions, or registration boards. An exception applies if the salary is AUD 250,000 or more.
4. Labor Market Testing (LMT): The job position must be advertised in two national media platforms for at least one month, including a proper job description, job terms (full-time), salary, work location, and at least a two-year contract with bonuses and incentives for additional work or work on public holidays.
5. Evidence of Genuine Position:
   • The position must be necessary for the business and not created solely for the purpose of employing a favored person.
   • There must have been no redundancy in the last four months.
   • The employee must not be a relative or self-sponsored.
   • A comprehensive report should demonstrate that the nominee will perform duties aligned with the nominated occupation.
   • The duties should match those listed in ANZSCO and ABR duty tasks.
   • An organizational chart should show where the position fits within the business, indicating whether it is a new role as part of business expansion or a pre-existing position.

Stage III: Application Stage

The application and nomination stages can be lodged simultaneously. The application requires:

• Proof of the nominee’s skills in the nominated occupation, with at least two years of highly relevant work experience.
• English proficiency: Functional for STSOL, vocational for MLTSSL (for 482 visas), and proficient for 186 Permanent Visas.
• Positive skills assessment by an authorized body. This assessment can be complex, so expert advice is recommended.

Exemptions

There are possible exemptions for skill, age, English proficiency, LMT, and AMSR requirements. Consulting a registered migration agent is advised to determine eligibility for these exemptions.

This structured approach ensures that businesses can effectively meet their labor needs while maintaining compliance with Australian immigration laws.

We specialize in providing boutique, tailored assistance to meet your specific needs, ensuring you have the best chance of achieving a successful outcome. Our expert team offers personalized guidance through each stage of the Employer Nomination Scheme (ENS) process, from the initial business sponsor approval to the final employee application.

Our Services Include:

Stage I: Approval of Standard Business Sponsor

• Comprehensive Documentation Support: Assistance with preparing and submitting required documents, including business registration, ABN/ACN extracts, premise agreements, profit and loss statements, and more.
• Eligibility Assessment: Evaluating your business against the eligibility criteria set by the Department of Immigration to ensure compliance and readiness.
• Strategic Advice: Crafting a compelling statement of purpose or declaration that highlights the necessity of the sponsorship.

Stage II: Nomination Stage

• Job Position Validation: Ensuring the job position is genuine, necessary, and has not been created solely for the visa process.
• Market Salary Rate Analysis: Helping you determine the AMSR using reliable reports and data from sources like JobInsight and unions, ensuring your offer is competitive and compliant.
• Labor Market Testing (LMT) Assistance: Guiding you through the process of advertising the job position, including crafting effective job descriptions and documenting the recruitment process.
• Organizational Alignment: Creating detailed organizational charts and duty statements to demonstrate how the nominated position fits within your business structure.

Stage III: Application Stage

• Skills Assessment Preparation: Assisting the nominee in gathering and presenting the necessary documentation to prove their skills and relevant work experience.
• English Proficiency Guidance: Helping the nominee prepare for required English proficiency tests and exploring potential exemptions if applicable.
• Application Submission: Providing end-to-end support for the simultaneous lodging of the application and nomination, ensuring all criteria are met and documents are properly compiled.

Why Choose Us?

• Expert Knowledge: Our team stays up-to-date with the latest immigration laws and regulations to provide accurate and reliable advice.
• Personalized Service: We understand that every business and nominee is unique, so we tailor our services to meet your specific needs.
• Successful Outcomes: With our comprehensive support and strategic approach, we increase your chances of a successful application process.

Let us help you navigate the complexities of the Employer Nomination Scheme with confidence and ease. Contact us today to discuss your specific requirements and take the first step towards securing the skilled talent your business needs.

Contact us at:

info@visaimmi.com.au ; Phone: +61470565951

Walk ins welcome, our office is located at:

10/76 Canning Hwy, Victoria Park, WA 6100,

Drop your resumes or contact details with detailed query, we will be happy to assist you.

ARUNKUMAR TIWARI
P.G.D in Migration and Law (Victoria University, Melbourne)

+61470565951

India: 202, Opal Square l Alkapuri l Vadodara-390007 ll Phone: +919428880919 l info@visaimmi.com.au