This scheme is designed for Australian employers to recruit workers to satisfy genuine shortages for specific skills that cannot be filled from the Australian labour market, at the same time enabling Australia to compete globally. Employees can be either overseas or temporary residents currently in Australia, but they need to be highly skilled workers.
The ENS process comprises two steps:
- employer nomination of the applicant
- nominee’s application
The nomination must be lodged before the nominee’s application.
In addition to other criteria, the position must correspond to a skilled occupation that appears on a list of occupations gazetted for the purposes of the ENS (it is called the CSOL list – 2014).
The nominee must meet all the eligibility criteria, the most important of which is that:
In the “Direct Entry” pathway, the nominee must obtain a full skills assessment and have three years of work experience in the relevant occupation.
In the “457 Transitional” pathway the nominee must have been working full-time in Australia in the nominated occupation AND with the same nominating employer on a temporary residence “457” or similar visa for at least 2 years prior to the visa application.
Nominees also need to be under 50 years of age and have vocational English.
In case the nomination is not approved, the decision is reviewable by the Administrative Appeals Tribunal (AAT). We provide services and representation at the AAT. Find out how we can assist you in the AAT process.
If the nominee fails to meet the regulatory criteria for a visa, the employer will be not be able to recruit someone else using the same “approved” nomination i.e. a fresh nomination will need to be submitted for the new employee (nominee). The new nominee must lodge their application within 6 months of the approval of the original nomination.