There are five categories for employer or state/territory sponsored migration to Australia:

EMPLOYER NOMINATION SCHEME (ENS)

The Employer Nomination Scheme has been developed to allow Australian employers to recruit permanent, highly-skilled staff from overseas or from people temporarily in Australia, when the employers have been unable to fill a vacancy from within the Australian labour market or through their own training programmes.

The ENS process has two stages:

• 1.Nomination by an employer.
• 2.The nominee’s application for a visa.

Requirements for an employer

• They have a need for a paid employee, the business is located in Australia and it is operated by the employer.
• The vacancy requires the appointment of a ‘highly-skilled person’.
• If applicable, the highly-skilled person is eligible for any mandatory licensing, registration or professional body membership where required.
• The position is a full-time, fixed-term appointment of at least three years, which does not exclude the possibility of renewal.
• The employer has a satisfactory training record, or for a new business, must make satisfactory provision for future training.
• The employer must have demonstrated that the position cannot be filled through the Australian labour market, unless the position is on the Migrant Occupations in Demand List (MODL).
• The terms and conditions of employment must be in accordance with the standards for working conditions provided under Australian industrial laws.

Requirements for visa nominee

In general terms, the visa application will be assessed against the following:

• The nominee has the skills relevant to the nominated position.
• The nominee meets the definition of a ‘highly-skilled person’.
• The nominee is able to satisfy any mandatory licensing, registration or professional membership requirements.
• The employment as outlined in the approved nomination is still available.
• The nominee is less than 45 years of age.
• The nominee has vocational English language ability.
• The nominee and all family members meet mandatory health and character requirements.

REGIONAL SPONSORED MIGRATION SCHEME (RSMS)

This scheme is designed to help employers in regional or low population growth areas of Australia, who have been unable to fill skilled vacancies from the indigenous labour market.

An employer can take part in the scheme if their business is in any area except Brisbane, Gold Coast, Newcastle, Sydney, Wollongong, Melbourne and Perth.

Employers considering nominating persons under the RSMS may identify suitable nominees in various ways, including:

• through their efforts in testing the local labour market
• personal contact and/or experience with the nominee
• recommendation from third parties
• through the department’s skill matching programme.

Skill Matching Database

Skill matching is made possible by the Skill Matching Database. It contains the educational, occupational and personal details of skilled – independent category applicants and skill matching visa applicants.

The Skill Matching Database is updated monthly and distributed to all State and Territory governments and to a network of regional development authorities.

Employers can use the database to identify suitable applicants for nomination under the RSMS or Labour Agreements. Applicants nominated from the database do not need to lodge a further visa application.

The RSMS process

This consists of three stages:

• 1.Certification of the nomination/vacancy.
• 2.Nomination by the employer.
• 3.Nominee’s application for a visa.

1. Requirements for certification

In general terms, the employer must be able to demonstrate to a certifying body that:

• the position is a genuine full-time vacancy
• it is available for at least two consecutive years
• it requires qualifications equivalent to at least Australian diploma level (this includes trade certificates)
• the position cannot be filled from the local labour market
• employment and remuneration is in accordance with Australian industrial laws
• there is, or will be, an employment contract or letter of appointment covering the position.

2. Employer nomination assessment

The completed and certified nomination needs to be forwarded to the relevant department business centre, which needs to be satisfied that:

• the nomination has been certified by a regional certifying body;
• all the above conditions were met.

3. Visa nominee requirements

In general terms, the visa application will be assessed against the following:

• the nominee has the relevant qualifications equivalent to at least an Australian diploma
• the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements
• the position is for a fixed term of at least two years (supported by evidence of a contract)
• the nominee is less than 45 years of age
• the nominee has functional English language ability
• the nominee and all family members meet mandatory health and character requirements.

Visa cancellation provisions

Since 1 July 2001, visa cancellation provisions apply where:

• the employee has not commenced employment with the employer within six months of arriving in Australia (or after visa grant if already in Australia); or
• the employee has left the employer within the two year period for reasons within their control.

Cancellation of a visa will not occur where a nominating employer terminates an employee’s contract within the two year period, provided the employee has made a genuine effort to complete the two years with the approved employer.

If the employee’s visa is cancelled, the visas for people who accompanied the employee to Australia, such as family members, will also be cancelled.

LABOUR AGREEMENTS (LA)

Labour Agreements allow Australian employers to recruit (either permanently or temporarily) a specified number of workers from overseas in response to identified or emerging labour market (or skill) shortages in the indigenous labour market. They provide an avenue for either permanent or temporary entry to Australia.

They are also designed to ensure that overseas recruitment supports the longer-term improvement of employment and training opportunities for Australians. Employers or industrial associations are required to make commitments to the employment, education, training and career opportunities of Australians as part of the agreement.

After the agreement has been negotiated, the process consists of two stages:

• 1.Nomination by the employer.
• 2.Nominee’s application for a visa.

1. Nomination by the employer

In the cases of both temporary and permanent entry, the employer submits the relevant application form to the business centre managing that labour agreement.

The nomination will be assessed to determine:

• the nomination is in accordance with the relevant Labour Agreement
• the vacancy falls within the agreed ceiling for the Agreement
• the terms and conditions of employment are in accordance with the Agreement
• the nominee is under 45 years of age
• the nominee has the qualifications and skills (including English language skills) specified in the Labour Agreement.

2. Nominee’s application for a visa

In general terms, the visa application will be assessed against the following:

• the nominee has the qualifications, skills (including English language skills) and experience specified in the Agreement
• the nominee is able to satisfy any mandatory licensing, registration or professional membership requirements under the Labour Agreement
• the nominee is less than 45 years of age
• the nominee and all family members meet mandatory health and character requirements.

Skill Matching Database

Employers wishing to nominate visa applicants under a Labour Agreement can utilise the Skill Matching Database to identify suitably qualified workers.

The Skill Matching Database contains the educational, occupational and personal details of skilled – independent category applicants and skill matching visa applicants.

Applicants nominated from the database under a Labour Agreement do not need to lodge a further visa application.

The database is updated monthly and distributed to all State and Territory governments and to a network of regional development authorities.

INVEST AUSTRALIA SUPPORT SKILLS (IASS)

This programme is designed to encourage international firms to choose Australia as a location for foreign direct investment. It allows companies that make a significant investment in Australia to bring out essential key expatriate managerial and specialist employees from within the company group (this programme replaced regional headquarters agreements from 1 July 2002).

Agreements are for three years, although individual visas, once granted, may extend beyond the period of the agreement.

IASS agreements are for permanent and/or temporary entry of key managerial and specialist employees. Companies wishing to obtain visas for very small numbers of personnel, or which are seeking staff for existing investments, should access other business immigration programmes.

Applicants must meet at least one of the following four criteria for investments of strategic significance to be eligible for the IASS programme:

• The project will boost Australian industry innovation through increasing research, development and commercialisation capability, the new application of skills and knowledge technology transfer, and cluster development.
• The project will have significant economic benefit to regional Australia taking account of a region’s investment needs.
• The project’s estimated investments are in excess of A$50 million and thus inherently make a significant contribution to economic growth, employment and/or infrastructure.
• The company is establishing a regional headquarters or regional operating centre in Australia.

The purpose for the establishment of IASS agreements is different from standard labour agreements in that:

• visas granted under IASS agreements are to enable the transfer to Australia of key managerial and specialist employees of the company group
• visa applications to which an IASS agreement applies receive priority over applications made under standard Labour Agreements.

IASS agreements provide for either permanent or temporary entry to Australia.

The company submits its proposal to Invest Australia in the Department of Industry, Tourism and Resources (DITR).

Invest Australia will liaise with DIMA (and other government departments, if necessary) if it decides to proceed with the company’s application.

An IASS agreement becomes effective once it has been signed by all parties to the agreement – the manager of Invest Australia, a company representative, and finally, a delegate of the Minister for Immigration and Multicultural Affairs.

After an agreement has been negotiated, the process consists of two stages:

• 1.Lodgement of the nomination form.
• 2.Nominee’s application for a visa.

SKILLED – STATE/TERRITORY NOMINATED INDEPENDENT (STNI)

This category is for people who are highly skilled and have education, skills and employability which will contribute to the Australian economy, and are willing to settle in states and territories where their skills are in demand.

To apply for this category you must:

• satisfy basic requirements
• nominate a skilled occupation from the Skilled Occupations List
• meet the pool mark for the skilled – independent category
• be nominated by a participating state or territory.

Participating states and territories select nominees to meet a skill shortage in their area.

The State or Territory is not the employer. However, as a shortage of skills has been identified, it is anticipated a job may be found quickly.

Successful applicants have a number of obligations, including to:

• remain in the State or Territory for at least two years
• keep authorities informed of changes in address
• take part in surveys as required.