|The provider of this information is Willis & Bowring Solicitors & Attorneys|
SPONSORING A PERMANENT OVERSEAS EMPLOYEE TO AUSTRALIA -
SUBCLASS 856 & 121
The Employer Nomination Scheme (ENS) is for Australian employers to recruit, on a permanent basis, 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:
STAGE 1: Nominating Employer
The nominating employer must be able to demonstrate that:
* Highly Skilled Person
A person has to be highly skilled in relation to the work to be performed. The person is required to complete at least three years formal training or equivalent experience and, unless the appointment is exceptional, the person has been employed in work of that kind for at least three years after completing the period of training or experience. The person must also hold, or be eligible to hold, any qualifications necessary to perform the work in Australia.
STAGE 2: Visa Application
The Nominee must demonstrate, to the satisfaction of DIMIA that:
Upon approval of the application, the nominee will be granted a permanent resident visa.
To become an Australian citizen a permanent resident must generally have been physically present in Australia as a permanent resident for a total of two years in the last five years. Applicants must also generally have been physically present here for a total of 12 months in the two years immediately before he/she apply.
However, in special circumstances, where a permanent resident's activities overseas have been of great benefit to Australia, their time overseas can be counted as time in Australia.
Applicants must usually be at least 18 years old. Children under 16 may be included in their parent(s) application, or parent(s) may apply on their behalf. Children aged between 16 and 18 should apply in their own right, but they must have the written consent of their parent(s).
Applicants must be of good character and must understand the application, unless they are mentally or physically incapacitated.
Applicants must usually have a basic knowledge of English. This means applicants must be able to speak and understand it sufficiently to be able to work, to obtain the necessities of life and to demonstrate an understanding of the responsibilities of citizenship. Applicants don't have to do an English test. Their language ability will be checked when he/she has their interview.
The following people don't have to have a basic knowledge of English:
Knowledge of rights and responsibilities:
Have an adequate knowledge of the responsibilities and rights of a citizenship. However applicants don't have to meet this requirement if they are:
This Information Outline is
provided courtesy of Yandell Wright Stell
who are experienced in this area of law. They are located at Level
5, 139 Macquarie Street SYDNEY NSW 2000 or call them on (02) 9252-2278 if you would like more information
on the legal topic, or you wish to obtain formal advice regarding your
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