Faram Ritchie Davies | 
		lawyers & migration agents | Client Focussed

EMPLOYER SPONSORED PERMANENT RESIDENCE VISAS

1. Subclass 121/856 Employer Nomination visas

Doctors

These are popular visas for visa applicants who have post secondary qualifications, and who have an Australian employer who is willing to sponsor them.

The subclass 121 ENS visa is applied for by visa applicants who are outside Australia.

The subclass 856 ENS visa is applied for by visa applicants who are in Australia.

To qualify for the visa, you must:

  • Be under 45 years of age;
  • Show that you have vocational English language skills, meaning that you have a score of at least 5 on all of the 4 components of the IELTS test;
  • Please note that if you have a partner or any other dependent applicants who are over 18 years of age, they must also show that they have at least functional English, meaning an average score of at least 4.5 on the IELTS test. If your dependants do not have functional English, then for each dependant that fails to meet that requirement, the Department will impose an additional visa fee of (currently) $3,510 per applicant ;

  • Show that you have appropriate skills, qualifications and/or experience to be employed in a nominated position which is recognised by the Department of Immigration on either its skilled occupation list or its employer nomination scheme occupation list;
  • (link – ENSOL/SOL );

  • You must have your skills assessed by one of the Department of Immigration’s authorised assessing bodies.
    (link – Assessing Bodies)
    This assessment is to confirm that your qualifications and experience are relevant to your nominated occupation;
  • If your nominated occupation requires any form of compulsory licensing, registration or professional membership here in Australia, you must be eligible to be licenced or registered;
  • Have at least 3 years full time work experience in the job for which you are being nominated;
  • If you are applying for the visa onshore, you must have either worked full time in Australia in your nominated occupation for the 2 years prior to your visa application, and including at least 12 months with your nominating employer, or have had your skills assessed and have had at least 3 years full time work experience in your occupation;
  • You must have an employer who is willing to sponsor you;

    The employer must be willing to employ you in the nominated occupation, for a period of not less than 3 years and at a salary not less than that stipulated by the Department of Immigration;

    Pay you at least the prescribed minimum salary;
    (link - Minimum Salary)

    You must pass both medical and x-ray checks;

    You must provide police clearance certificates from all countries that you have lived in for 12 months or more in the past 10 years.

    The grant of the visa gives you permanent residence, with access to Medicare and full travel rights. You are expected to meet your undertaking to work with your nominating employer for a period of not less than 3 years.

    If you would like further information about this visa and your particular circumstances, please click here for email contact with our office.

    2. Subclass 119/857 Regional Sponsored Migration Scheme visas

    This visa is designed for skilled applicants who have an Australian employer sponsor, and who are willing to commit to working in regional Australia. This visa is not suitable for applicants who intend to work in Brisbane, Gold Coast, Sydney, Newcastle, Wollongong, Melbourne and Perth.

    To be eligible for this type of visa you must:

    Be less than 45 years of age (although there is some flexibility in terms of age);

    Hold post secondary qualifications equivalent to at least an Australian diploma. A trades certificate if completed with a full apprenticeship, is accepted as equivalent to a diploma qualification. Again, there are some exceptions to the skill level;

    Show that you have vocational English language skills, meaning that you have a score of at least 5 on all of the 4 components of the IELTS test;

    Please note that if you have a partner or any other dependent applicants who are over 18 years of age, they must also show that they have at least functional English, meaning an average score of at least 4.5 on the IELTS test. If your dependants do not have functional English, then for each dependant that fails to meet that requirement, the Department will impose an additional visa fee of (currently) $3,510 per applicant;

    Have an employer sponsor who nominates you for a specific position that is:

    • located in a regional area of Australia;
    • cannot be filled by an Australian employee;
    • is a genuine position;
    • is available for at least 2 years;
    • requires a skilled person with qualifications of at least a diploma level;
    You must pass medical and x-ray checks;

    You must provide police clearance certificates from all countries that you have lived in for 12 months or more in the past 10 years.

    Rural Setting

    This visa is essentially processed in 2 parts. Firstly the employer’s nomination is assessed by a regional certifying body. That organisation will assess the nominated position and the terms and conditions of employment offered by the employer. Regional certification of the employer’s nomination is mandatory. Once certification is obtained and the application is lodged, the Department of Immigration then assesses the employer nomination and if approved, then assesses the applicant’s personal application.

    If granted, the visa gives you permanent residence with access to Medicare and travel rights. You are expected to remain in the employment of your sponsoring employer for a period of not less than 2 years. You are required to sign an acknowledgment that, should you leave the employer’s employment within that time, it is open to the Department of Immigration to cancel your visa.

    If you would like further information about this visa and your particular circumstances, please click here for email contact with our office.

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