The ENS has been developed for Australian employers to recruit permanent, highly-skilled staff from overseas (or temporary residents currently in Australia), when they have been unable to fill a vacancy from within the Australian labour market or through their own training programs.
The ENS process has two stages
- nomination by an employer and
- The nominee's application for a visa.
General details of the process are given below.
Requirements for an employer
In brief, an employer must be able to demonstrate that:
- they have a need for a paid employee, that the business is located in Australia and that it is operated by the employer
- the vacancy requires the appointment of a 'highly-skilled person'
- if applicable, the highly-skilled person is eligible for any mandatory licensing, registration or professional body membership where required;
- the position is a full time, fixed-term appointment of at least 3 years, which does not exclude the possibility of renewal
- the employer has a satisfactory training record, or for a new business, must make satisfactory provision for future training
- the employer must have demonstrated that the position cannot be filled through the Australian labour market, unless the position is on the Migrant Occupations in Demand List (MODL); and
- The terms and conditions of employment must be in accordance with the standards for working conditions provided under Australian industrial laws.
Requirements for visa nominee
In general terms, the visa application will be assessed against the following:
- the nominee has the skills relevant to the nominated position
- the nominee meets the definition of a 'highly-skilled person'
- the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements
- the employment as outlined in the approved nomination is still available
- the nominee is less than 45 years of age
- the nominee has vocational English language ability; and
- The nominee and all family unit members meet mandatory health and character requirements.