The Employer Nomination Scheme
A visa category under the permanent visa stream, the Employer Nomination Scheme is for skilled workers wanting to work in Australia. Applicants need to check they have been nominated by an approved Australian employer. They must then apply for a visa application under the stream in which they were nominated.
There are three streams in the Employer Nomination Scheme:
- The Temporary Residence Transition stream. This stream is designed for applicants holding a Subclass 457 visa holder who have worked for their nominating employer in the same occupation for two (2) years.
- The Direct Entry stream. Designed for applicants who have briefly or never worked in Australia. You must not have held a Subclass 457 visa with the nominating employer for the last two (2) years.
- The Agreement stream. This stream is for applicants who are being sponsored by a nominating employer via a Labour Agreement.
Stage 1: The Nomination
The nominating employer will need to show that:
- They are actively and lawfully operating their business in Australia.
- They have a genuine need for a paid employee in Australia.
- Are offering a skilled position that is full time and ongoing for at least two (2) years.
- The terms and conditions of employment offered to the visa applicant are no less favourable than for an Australian employee. For example, the salary needs to be at the market salary rate.
- They are nominating a skilled position that is on the Consolidated Skilled Occupation List (for Direct entry). Otherwise the position must be in the same skilled occupation for which the applicant was sponsored for the 457 visa (for Temporary Residence Transition or Labour Agreement streams).
- They are meeting the training requirements that apply to the respective streams:
- Temporary Residence Transition stream. The business is meeting the Standard Business Sponsorship (SBS) commitments.
- Direct Entry stream. They meet the training benchmarks A or B as per 457 requirements. For businesses that have operated for less than twelve (12) months, they must meet the auditable training plan.
- Agreement stream. The business meets the training requirement as set out in the Labour Agreement.
Stage 2: The Visa Application Process
Once they have been nominated by their employer in Australia, applicants may then apply for the visa application. This must occur within six (6) months of the nomination being approved.
The applicant will need to show:
- That they meet the age requirement of being younger than 50 years of age, unless they have been exempted from this.
- That they meet the skills, qualifications and English language requirements, unless they have been exempted from these requirements.
- That they meet the health and character requirements.
Under each relevant stream, there are also specific requirements that the visa applicant will need to meet:
- The Temporary Residence Transition stream. You must have at least Vocational English, hold a subclass 457 visa and have worked for at least two (2) years in the same position as on your 457 visa.
- The Direct Entry stream. Applicants must have at least Competent English, at least three (3) years of relevant work experience, and a Positive Skills Assessment Outcome letter in the nominated occupation.
- The Agreement stream. You must meet the qualification and skills outlined in the relevant labour agreement.
The Regional Sponsored Migration Scheme (RSMS) Visa
A permanent residence visa for skilled workers, the Regional Sponsored Migration Scheme (RSMS) visa is for workers who have received a job offer to work in regional or low population areas of Australia. The aim of this visa program is to attract skilled workers to fill employment vacancies in skilled positions where local Australian workers are not available. There must be a genuine need for a paid employee, the position must be full time and it must last for at least two (2) years.
The visa comprises three streams:
- The Temporary Residence Transition stream. Designed for applicants who are Subclass 457 visa holders and have worked for their nominating employer in the same occupation for two (2) years.
- The Direct Entry stream. This stream is for applicants who have briefly or never been employed in Australia. Applicants should not have held a Subclass 457 visa with the nominating employer for the last two (2) years.
- The Agreement stream. A stream for applicants who are sponsored by their nominating employer via a Labour Agreement.
Generally, there are three (3) stages to an RSMS application:
Stage 1: RCB Certification
If an employer wants to nominate a visa applicant under the Direct Entry stream, they will need to apply to the Regional Certifying Body (RCB) in their local area. The employer will need to obtain advice from the regional certifying body about the position they wish to fill. They must demonstrate that there is a need for the nominated position within their business. Before they issue their approval, each RCB office will make an assessment using its own terms and requirements that need to be fulfilled.
Under the Temporary Residence Transition stream, no RCB certification is required.
Stage 2: The Nomination
In stage 2, the nominating business will must demonstrate that:
- The business is actively and lawfully operating in regional Australia (excluding the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne).
- It has a genuine need for a paid employee to fill the nominated skilled position.
- It has offered a full-time and ongoing nominated skilled position for at least two (2) years.
- It is offering a wage at a market salary rate.
- It is nominating a skilled position that applies to one of the streams:
- The Temporary Residence Transition stream. In this stream, the position must be the same position as the one that was sponsored for the 457 visa.
- The Direct Entry stream. The nominated occupation should be classified within Skill Level 1-3 in the ANZSCO.
- The Agreement stream. The position must be the same position as the one that was sponsored for the 457 visa.
- It meets the training requirements that apply to one of the respective streams:
- The Temporary Residence Transition stream. The business needs to meet their Standard Business Sponsorship (SBS) commitments.
- The Direct Entry stream. There are no training requirements to be met.
- The Agreement stream. The business must meet the training requirement as set out in the Labour Agreement.
Stage 3: The Visa Application
Once they have been nominated by their employer in Australia, applicants will be able to make the visa application. The visa applicant will need to demonstrate:
- That they meet the age requirement of being younger than 50 years of age, unless they have been exempted;
- That they meet the skills, qualifications and English language requirements, unless they have been exempted;
- That they meet the health and character requirements.
Under each relevant stream, there are specific requirements that visa applicants need to meet:
- The Temporary Residence Transition stream. You must have at least Vocational English, hold a subclass 457 visa and have worked for at least two (2) years in the same position as the 457 visa.
- Direct Entry stream. Applicants must have at least Competent English, as well as relevant skills and qualification according to ANZSCO requirements. Applicants in the trade occupation with overseas qualifications may need to undergo a formal skills assessment.
- Agreement stream. You must meet the qualification/s and skills outlined in the relevant labour agreement.