Australia Employer Nomination Scheme (subclass 121 and 856): A Comprehensive Guide

Overview of Australia Employer Nomination Scheme

If you are an employer in Australia looking to sponsor skilled workers from overseas, the Employer Nomination Scheme (ENS) visa could be the right option for you. The ENS visa is a permanent residency visa that allows employers to sponsor skilled workers for permanent residence in Australia.

The ENS visa has two subclasses: subclass 121 and subclass 856. Subclass 121 is for employers who want to sponsor workers who are already in Australia on a temporary visa. Subclass 856 is for employers who want to sponsor workers who are outside Australia.

To be eligible for the ENS visa, the employer must be operating lawfully and actively in Australia. They must also meet the following requirements:

  • Have a genuine need for a paid employee in the nominated occupation
  • Offer a skilled position in the nominated occupation to the visa applicant
  • Pay the visa applicant a salary that is at least equal to the market salary rate for the nominated occupation
  • Provide working conditions that are no less favourable than those provided to Australian citizens and permanent residents performing equivalent work in the same location

The ENS visa is a popular option for employers who want to sponsor skilled workers for permanent residency in Australia. However, it is important to note that the ENS visa is not the only option available. Other options include the subclass 186 visa, subclass 457 visa, and subclass 482 visa.

Overall, the ENS visa is a great option for employers who want to sponsor skilled workers for permanent residency in Australia. If you meet the eligibility requirements and are looking to sponsor a skilled worker, the ENS visa could be the right option for you.

Eligibility Criteria for Subclass 121 and 856

To apply for the Employer Nomination Scheme (ENS) visa, you must meet certain eligibility criteria. There are two subclasses under the ENS visa – Subclass 121 and Subclass 856. In this section, we will outline the eligibility criteria for both subclasses.

Eligibility for Workers

To be eligible for the ENS visa, you must be a skilled worker with qualifications and work experience relevant to the nominated occupation. You must also have a positive skills assessment for your nominated occupation. Additionally, you must meet the English language requirements, which can be demonstrated through a test or other evidence of English language proficiency.

Eligibility for Employers

To sponsor a worker for the ENS visa, you must be an Australian employer who can demonstrate a genuine need for the nominated position. You must also meet the training benchmark requirements and provide evidence of your financial capacity to meet the salary requirements for the nominated position.

To nominate a worker for the ENS visa, you must ensure that the nominated occupation is on the relevant occupation list and that the worker meets the relevant skills and experience requirements for the nominated occupation.

In summary, to be eligible for the ENS visa, skilled workers must have qualifications and work experience relevant to the nominated occupation, a positive skills assessment, and meet the English language requirements. Australian employers must demonstrate a genuine need for the nominated position, meet the training benchmark requirements, and provide evidence of their financial capacity to meet the salary requirements.

Visa Application Process

When applying for an Employer Nomination Scheme (ENS) visa, it is important to follow the correct application process. There are two subclasses of ENS visas: Subclass 121 and Subclass 856. Each subclass has its own application process, which we will outline below.

Subclass 121 Application Process

To apply for a Subclass 121 visa, you must first be nominated by an Australian employer. Once you have been nominated, you can submit your visa application online through the Department of Home Affairs website. You will need to provide supporting documentation, including your passport, skills assessment, and evidence of English language proficiency.

After submitting your application, you may be asked to attend an interview with a Department of Home Affairs officer. This interview is designed to verify the information in your application and ensure that you meet the requirements for the visa.

Subclass 856 Application Process

The application process for a Subclass 856 visa is similar to that of the Subclass 121 visa. You must first be nominated by an Australian employer before you can submit your visa application online. You will need to provide supporting documentation, including your passport, skills assessment, and evidence of English language proficiency.

If you are applying through the Direct Entry Stream, you may also need to provide evidence of your qualifications and work experience. This is to ensure that you meet the minimum requirements for the visa.

Once you have submitted your application, you may be asked to attend an interview with a Department of Home Affairs officer. This interview is designed to verify the information in your application and ensure that you meet the requirements for the visa.

It is important to note that if your nomination is not approved, you will not be able to proceed with your visa application. You may need to seek a new nomination or apply for a different visa. It is also important to ensure that you provide accurate and complete information in your application. Any false or misleading information could result in your visa application being refused.

Benefits of Employer Nomination Scheme

If you are considering working in Australia, the Employer Nomination Scheme (ENS) is a highly beneficial option for you. ENS is a permanent visa that allows you to work and live in Australia on a permanent basis. This visa is divided into two subclasses, namely, 121 and 856. Both subclasses offer similar benefits, and the main difference is that subclass 121 is for offshore applicants while subclass 856 is for onshore applicants.

Here are some of the benefits of the Employer Nomination Scheme:

1. Permanent Residency

One of the main benefits of the ENS visa is that it provides you with permanent residency in Australia. This means that you can live and work in Australia indefinitely. You can also study in Australia and access healthcare services. Additionally, you can apply for Australian citizenship after fulfilling the eligibility criteria.

2. Work in Australia

The ENS visa allows you to work in Australia for your employer who has nominated you. You can work in any occupation and for any employer in Australia. However, the job must be in the same occupation as the one for which you were nominated.

3. Study in Australia

With the ENS visa, you can also study in Australia. You can enroll in any course of your choice, including vocational education and training, undergraduate, postgraduate, and research programs.

4. Visa Grant

Once you are granted the ENS visa, you can travel in and out of Australia as many times as you want. This visa also allows you to sponsor eligible family members for permanent residency in Australia.

5. No Points Test Required

Unlike other skilled migration visas, the ENS visa does not require you to pass a points test. Instead, you must meet the eligibility criteria and be nominated by an Australian employer.

In conclusion, the Employer Nomination Scheme is a great option for those who want to live and work in Australia on a permanent basis. It provides you with numerous benefits, including permanent residency, the ability to work and study in Australia, and the opportunity to sponsor eligible family members for permanent residency.

Family Aspect of Employer Nomination Scheme

If you are planning to apply for the Employer Nomination Scheme (ENS) subclass 121 or 856 visa, you may be interested in the family aspect of this program. The ENS program allows employers to sponsor skilled workers from overseas for permanent residency in Australia. The program has provisions for including family members of the primary applicant to migrate to Australia as well.

Under the ENS program, you can include your partner and dependent family members in your visa application. Your partner can be your spouse or de facto partner, and your dependent family members can be your children or stepchildren who are under 18 years of age. If your child is over 18 years of age, they can still be included in your application if they are financially dependent on you or have a disability.

Once your visa is granted, your family members will have the same rights as you to live, work, and study in Australia. They will also have access to Medicare, the Australian healthcare system, and can apply for Australian citizenship in the future if they meet the eligibility criteria.

It is important to note that if you include your family members in your visa application, they must meet the health and character requirements set by the Australian government. This means that they must undergo a medical examination and obtain a police clearance certificate from their country of origin or any country where they have lived for more than 12 months in the past 10 years.

In conclusion, the ENS program provides an excellent opportunity for skilled workers and their families to migrate to Australia and settle permanently. The family aspect of this program allows you to include your partner and dependent family members in your visa application, giving them the same rights and benefits as you.

Responsibilities of Australian Employers

As an Australian employer, sponsoring a skilled worker under the Employer Nomination Scheme (ENS) requires you to fulfill certain responsibilities. These responsibilities are in place to ensure that the sponsored worker is treated fairly and that the Australian workforce is not undercut by cheaper foreign labor.

Sponsorship Obligations

When sponsoring a worker, you must agree to comply with the sponsorship obligations set out by the Department of Home Affairs. These obligations include:

  • Providing equivalent terms and conditions of employment as those provided to Australian workers in the same position.
  • Paying the worker in accordance with Australian workplace laws.
  • Keeping accurate records of the worker’s employment.
  • Notifying the Department of Home Affairs if the worker ceases employment.
  • Cooperating with the Department of Home Affairs in monitoring compliance with the sponsorship obligations.

Training Requirements

As part of the ENS program, employers are required to provide training to Australian citizens and permanent residents. This training must be relevant to the business and must be provided in a way that is accessible and appropriate for the employees.

Other Responsibilities

In addition to the above, employers must also ensure that the sponsored worker has the necessary skills and qualifications to perform the job. This includes conducting a skills assessment and verifying the worker’s qualifications.

Overall, sponsoring a worker under the ENS program is a serious commitment that requires you to fulfill a number of responsibilities. However, if you are able to meet these obligations, sponsoring a skilled worker can bring significant benefits to your business.

Professional Advice for Employer Nomination Scheme

If you are considering applying for the Employer Nomination Scheme (subclass 121 and 856) in Australia, there are a few things you should keep in mind. Here are some professional tips to help you navigate the process and increase your chances of success:

1. Research the Eligibility Criteria

Before applying for the Employer Nomination Scheme, it is important to ensure that you meet all the eligibility criteria. This includes having the necessary skills and qualifications, as well as meeting the age and health requirements. You should also research the specific requirements for the visa subclass you are applying for, as there may be additional criteria you need to meet.

2. Seek Professional Advice

Navigating the Australian visa system can be complex, so it is often a good idea to seek professional advice. This could include speaking to a migration agent or immigration lawyer who can provide you with guidance on the application process and help you to avoid any potential pitfalls.

3. Submit a Strong Application

When applying for the Employer Nomination Scheme, it is important to submit a strong application that clearly demonstrates your skills and experience. This could include providing evidence of your qualifications, work experience, and language proficiency. You should also ensure that your application is well-organized and easy to read, with all the necessary supporting documentation included.

4. Be Patient

The visa application process can be lengthy, so it is important to be patient and prepared for a potentially long wait. You should also be prepared to provide additional information or documentation if requested by the Department of Home Affairs.

By following these professional tips, you can increase your chances of success when applying for the Employer Nomination Scheme in Australia.

Past and Present of Employer Nomination Scheme

If you are interested in the Australian immigration system, you may have come across the Employer Nomination Scheme (ENS) visa. The ENS visa is a permanent residency visa that allows Australian employers to sponsor skilled foreign workers to work in Australia. The ENS visa has been around for a long time, and it has undergone several changes over the years.

The Past

Before the introduction of the ENS visa, the most commonly used visa for skilled foreign workers was the Subclass 457 visa. The 457 visa was a temporary visa that allowed skilled foreign workers to work in Australia for up to four years. However, the 457 visa was not a pathway to permanent residency, which was a significant disadvantage for many skilled foreign workers.

In response to this, the Australian government introduced the ENS visa in 1996. The ENS visa was designed to provide a pathway to permanent residency for skilled foreign workers who had been sponsored by an Australian employer. The ENS visa was initially known as Subclass 856.

The Present

The ENS visa has undergone several changes over the years. In 2012, the Australian government introduced the Subclass 186 visa, which replaced the Subclass 856 visa. The Subclass 186 visa is still part of the ENS visa program, but it has different eligibility requirements than the Subclass 856 visa.

In 2018, the Australian government introduced the Subclass 482 visa, which replaced the Subclass 457 visa as the primary visa for skilled foreign workers. The Subclass 482 visa is a temporary visa that allows skilled foreign workers to work in Australia for up to four years. The Subclass 482 visa also has different eligibility requirements than the Subclass 457 visa.

Despite these changes, the ENS visa program is still an essential part of the Australian immigration system. The ENS visa program includes Subclasses 121 and 856, which are still available to skilled foreign workers who have been sponsored by an Australian employer. The ENS visa program is an excellent option for skilled foreign workers who are looking for a pathway to permanent residency in Australia.

In conclusion, the Employer Nomination Scheme visa has been a significant part of Australia’s immigration system for many years. The ENS visa program has undergone several changes over the years, but it is still an essential part of the Australian immigration system. If you are a skilled foreign worker who is interested in working in Australia, the ENS visa program may be a great option for you.

Frequently Asked Questions

What is the processing time for the Employer Nomination Scheme visa in Australia?

The processing time for the Employer Nomination Scheme (ENS) visa in Australia varies depending on the individual circumstances of the applicant. However, the Department of Home Affairs provides an estimated processing time of 5 to 8 months for the ENS visa.

Who is eligible for the Employer Nomination Scheme visa in Australia?

To be eligible for the Employer Nomination Scheme visa in Australia, you must have a valid nomination from an Australian employer. You must also meet the required skills, qualifications, and English language proficiency for the nominated occupation.

What are the requirements for the Employer Nomination Scheme visa in Australia?

The requirements for the Employer Nomination Scheme visa in Australia include a valid nomination from an Australian employer, meeting the required skills, qualifications, and English language proficiency for the nominated occupation, and meeting the health and character requirements set by the Australian government.

What is the difference between subclass 121 and 856 visa in Australia?

Subclass 121 and 856 visas are both part of the Employer Nomination Scheme in Australia. The main difference between the two is that subclass 121 is for offshore applicants, while subclass 856 is for onshore applicants. Subclass 121 also requires the applicant to have worked for the nominating employer for at least two years.

Which visa requires employer sponsorship in Australia?

The Employer Nomination Scheme visa (subclass 121 and 856) requires employer sponsorship in Australia. This means that you must have a valid nomination from an Australian employer to be eligible for this visa.

What is the duration of the Employer Nomination Scheme visa in Australia?

The duration of the Employer Nomination Scheme visa in Australia is indefinite. This means that once you are granted the visa, you can live and work in Australia permanently. However, you will need to meet certain residency requirements to be eligible for Australian citizenship.

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