Proposed reforms to the work visa (employer nomination) scheme - Migration Place

DIAC have announced significant changes to the employer nomination scheme, effective 1 July 2012.

Applicants for the newly named Subclass 186 Employer Nomination Scheme visa (Subclass 186 visa) must apply under one of the three below visa streams –

Stream 1 results in Temporary Residence, and to be eligible you need:

  1. To hold a subclass 457 visa (also known as the work visa).
  2. To be in Australia.
  3. To have worked for their nominating employer for at least two years in the same or a closely aligned position during this period.
  4. To secure an average IELTS score of five, although exemptions are available depending on nationality or previous study in English.

Stream 2 is available to applicants who are unable to meet Stream 1 requirements because they are outside Australia or in Australia on another type of visa.

Applicants must provide:

  1. A positive skills assessment.
  2. Evidence of three years employment experience (unless the employee is earning executive level salaries of AU$250,000 or more).
  3. An IELTS score of six in each of the four components, unless an exemption is granted (see .

Stream 3  is available where:

  1. The applicant is sponsored under Labour Agreements or Regional Migration Agreements.
  2. For applicants up to 50 years of age, although the age limit can be waived for certain applicants on Subclass 457 visas or applicants in particular occupations.

General comments:

  1. Exemptions:
    1. As with all applications for exemptions, the submissions must be carefully drafted as they involve persuading the DIAC to exercise its discretion.
    2. The Migration Place are experienced in drafting submissions to secure DIAC’s approval to waive English requirements, age limits and criminal records.
  2. Market rate and training requirements:
    1. There will also be a requirement (in line with the Subclass 457 visa program):
      1. To demonstrate that the applicant is being offered equivalent terms and conditions of employment as what would be offered to an Australian employee in a similar position (the ‘market rate’ requirement).
      2. to meet specific training requirements in relation to their existing Australian staff.
  3. The migration rules change constantly, and the process is getting harder each year so we highlight the need to act quickly, and with assistance of a registered and experienced migration lawyer.
  4. New rules usually mean new queues so visas lodged in July are likely to be processed quickly, and with minimal scrutiny whilst the DIAC formulate their procedures.

Zeke Bentley has been a solicitor since 1996, and a registered migration agent since 2002.

By engaging Zeke as your migration agent, you can take comfort that your application is being handled professionally and will therefore be processed quickly, with minimal fuss, and guaranteed success.


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