Applying For Subclass 121 / 856 Employer Nomination Scheme Permanent Visas Australia
The Subclass 457 visa permits a migrating worker to work in Australia for up to 4 years as long as the worker fulfills the standards set by the sponsoring employer.
The Subclass 418 Educational visa permits educators to retain residence in Australia through an Australian educational sponsorship.
The Subclass 119/857 visa is a permanent visa for workers that want to work in a certain region through the Regional Sponsored Migration Scheme.
The Subclass 121/856 visa is a permanent visa for highly skilled workers through the Employer Nomination Scheme.
Subclass 121 / 856 Employer Nomination Scheme Permanent Visas
The visas Subclass 121 and Subclass 856 use the same criteria to be granted the visa. The difference between the two is that the Subclass 121 application would be made by an applicant outside Australia and the subclass 856 would be made by an applicant living inside Australia.
Both the 121 visa and 856 visa are devised for highly skilled migrants who are working in skilled professions or jobs which are desired by Australian companies and employers. The employer must first comply with specific conditions to be able to successfully nominate an applicant.
The conditions include proof of:
Being active and legal operators within Australia
Having a genuine need for an employee to fill the vacancy
Compliance to all immigration laws
Training provisions for existing Australian employees
Also the employment position offered must:
Be for a minimum of 3 years
Be full time
Comply to all working conditions under Australian labor laws
Coincide to an occupation on the ENS list of occupations, as published by a Government Gazette Notice
Pay a minimum salary as set by Australian immigration law.
121/856 visas have a couple of approaches that can be used for a successful application.
An Applicant that has been working full time in Australia using a 457 visa for 2 years or more using with a minimum of 12 months of the working time with the nominating employer can lodge an application inside Australia.
Applicants for senior executive positions with a salary of $ 165,500 minimum can also have a positive visa application outcome.
If you are the applicant and the 2 above approaches are not an option for then you will be required to have you skills assessed by a suitable skills assessing authority together with have 3 or more years experience in the appropriate occupation. In exceptional circumstances the 3 years work experience can be waivered.
When an application for a 121/856 visa is made some special circumstances and exemptions can be taken into consideration. These special circumstances and exemptions are to do with the applicant’s age, skills and English speaking ability.
A good example of this would be an applicant who is not in the 45 – 50 year old bracket. It would have to be demonstrated that the position is vital to the running of the business or the employer would have to show that it isn’t possible to find an applicant who is younger than 45 and suitable qualified to handle the job responsibilities. In these circumstances it is probable that the application would be successful.
When an application is made it would be in the applicant’s best interests to meet all the requirements required by the Australian Government of Immigration and Citizenship even though there are some exceptions. An applicant regardless of their situation is strongly advised to find professional assistance from lawyers who specialize in immigration. Most are situated in Australia’s major cities such as Sydney or Melbourne.
All applicants for an Australian Subclass 121/856 ENS visa should at least take an initial consultation with specialist Australian immigration lawyers, to understand the strategies available to them and the strengths and weaknesses of their own specific circumstances. This will ensure that when the application is lodged it is given the strongest possible chances of success.
Contact Turner Coulson for advice on applying for ENS Visas