Employer Nomination

Individuals who wish to migrate to Australia under a work visa have several alternatives to choose from. One such option is through a nomination secured from an Australian employer. Through this route, an individual can work and live in Australia on a permanent basis. Certain foreign-national skilled workers may find employment opportunities with employers or organizations in Australia. The Australian employers are always on the lookout for talented and skilled workers from across the globe to fulfil the shortage of manpower requirements they cannot meet locally.

The Employer Nomination Scheme (ENS) allows such employers to hire and nominate skilled foreign employees to live and work in Australia on a permanent basis through the subclass 186 visa. Such international recruitments involve a lengthy process; the eligible employer first finds an appropriately skilled employee and then on-boards them and nominates them for a visa. The nomination for a visa is accepted only when the employer is an approved entity as per the specifications of the Department. Once an approved Australian employer and an eligible employee engage in work-related arrangements, the skilled overseas worker may then proceed to make a visa application under the ENS route.

To avail the ENS route for access to Australia, the aspirants need to find an employer or organization that requires or seeks their specific set of skills and are willing to put in significant effort, time, and money to have them there in Australia. Besides the nomination, an aspirant is also required to ensure compliance with the basic requirements pertaining to age, skills, qualification, and English language requirement unless they are exempt. The applicant must meet the general requirements of the ENS route as well as the specific requirements of the visa stream under which they choose to apply.

The overseas worker is required to complete a skill test and secures an official nomination by the approved Australian employer. There are three visa streams under this category, and applicants must meet the requirements of the eligible stream they apply under.

An Australian employer is required to meet some prescribed requirements set up by the Department, which include:

• Establishing the need to employ an overseas employee.
• Demonstrate and organize a dedicated training program for the aspirant.
• Ensuring the overseas employee is paid a salary that is in accordance with at least the market salary. The contract of employment must also be in accordance with Fair Work Australia.
• Ensuring the terms and conditions of the employment are at par with that’s of an Australian citizen or permanent resident of Australia who is/ may be employed by the sponsor for the same job.

To be eligible for a visa under the ENS route, an applicant needs to meet the following (among other things)

• Secure a nomination by an approved Australian employer for an eligible occupation;
• Be less than 45 years of age* (exemption applies);
• Possess relevant qualification and/or skills and experience;
• Possess required English Language ability(dependant of stream);
• Hold a valid registration or license, if required;
• Be of good character and health.