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Can you sponsor a foreign worker? – 186 Employer Nomination Scheme (Direct Entry)

4 February 2016

As a diverse nation, Australia has been welcoming foreign workers to serve its residents with diverse backgrounds.  In order to attract highly-skilled and experienced overseas workers, a specific stream, Direct Entry under Employer Nomination Scheme (ENS), is now offered by Department of Immigration and Border Protection (DIBP) as a direct pathway to obtain Australian permanent residency. 

In brief, you can nominate a skilled worker for this visa if:

  • you actively and lawfully operate a business in Australia

To prove the business has the capability to provide a job to foreign worker, the business must prove it has been operating in Australia for a period of time. 

  • you have a genuine need for a paid employee to fill a skilled position 

The nominated position has to be “genuine” for this business, meaning this position must be in line with the business’s operation, and there is a need for the business to employ such position.

  • you offer a skilled position in the applicant's field that is full time and ongoing for at least two years

Not only the position has to be “genuine”, but the position must match the applicant’s existing skillset, and, assessed by DIBP, at a certain skilled level that is not easy to source in Australia. 

  • you pay a market salary rate 

You must provide terms and conditions of employment that are no less favourable than those that would apply to an Australian citizen or Australian permanent resident doing equivalent work in the same workplace.

  • you meet the training requirements 

A specified policy implemented by DIBP to protect Australian local workers. The business is required to have devoted certain business resource in providing trainings to its existing local workers, at time of applying for sponsorship.

Maintaining the integrity of the positions and business operation is very crucial in the ENS program. DIBP conducts regular monitoring procedures to existing sponsors. Even though your employee has become an Australian permanent resident, it does not mean you are free from the responsibility. Call us to find out more. 

To make sure your business is eligible to nominate an overseas worker under ENS, give us a call on +61 3 9078 6819 or email us on team@thinkvisa.com.au to discuss your situation or visit our website on www.thinkvisa.com.au.

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