This visa is for skilled workers that want to live and work in Australia permanently. This is a two-step process where the position of the worker is nominated by the employer and once approved, they are able to apply for permanent residency.
A business is able to nominate an employee under 3 streams:
- Direct Entry Stream – Where the employer nominates the employee to directly apply for this visa. There is a requirement for the applicant to have 3 years of experience in the nominated occupation and have a positive skills assessment in their occupation (provided they are not exempt)
- Temporary Residence Transition Stream – Where employees who hold a 482 TSS visa, or a 457 visa, which are temporary visas, can then apply for a the ENS permanent visa after working for their nominator for a period of 3 years, as a holder of a TSS or 457 visa.
- Labour Agreement Stream – Where employers are party to a labour agreement with the Australian government can nominate employees, who currently work or will work for the business, when no Australian workers can be found for the position.
The following is a list of key benefits of the ENS visa, appealing to both, employees, and employers:
- An ENS visa application is not limited by location. This is advantageous in cases where the nominating business has several locations across Australia.
- There are no sponsorship obligations applicable to business upon grant, meaning employers have a more flexible approach to the terms and conditions as agreed with their nominees.
- This is a permanent visa, a very appealing feature of this visa to attract the interest of skilled workers. Being a permanent resident grants access to domestic fees in education, which are significantly lower when compared with fees for temporary residents. Further, holders of ENS visas have access to Medicare and can sponsor family members to join them in Australia.
- If applying under the Temporary Residence Transition stream, nominees are required to hold a TSS visa whilst working for their nominated employer for at least 3 years, thereby incentivising employees to remain with the same business.
- The Skilling Australia Fund Levy (SAF Levy) is payable as a one flat fee, as opposed to a fee per annum that applies for temporary visas. The SAF levy fee for the ENS program is AUD$3,000 if the business has an annual turnover less than 10 million, and AUD$5,000 if the business has a turnover above 10 million.
In summary, ENS visas possess advantages which benefit businesses and foreign workers, particularly important to assist in attracting and retaining skilled workers given the current labour market conditions.
If you have any questions in relation to the current legislation applicable to the ENS visa program, please do not hesitate to contact us at ross@crystalmigration.net or on (02) 9189 2988.