Migration law is continually being updated and changed. This page contains some information on recent announcements and developments.

As a professional it is necessary for me to be up to date with  changes to legislation and policy. Some of the current "hot topics" are outlined below.

Changes to the Employer Nomination Scheme ("ENS") effective on 2 April 2005

Significant changes were made to ENS on 1 April 2005. These changes included the abolition of the "highly skilled" requirement and also of labour market testing. Changes have also been made to facilitate current 457 visa holders in obtaining permanent residence. 

ENS is a two stage process – the employer nominates the position to be filled, and the nominee applies for the grant of a visa. 

 Nomination Requirements

For the nomination to be approved:

§         there is a need for a paid employee in a business that is actively and lawfully operating in Australia and is operated by the employer;

§         there is nothing adverse known to DIMIA about the employer or any officer of any of the entities that constitute the employer;

§         the employer has a satisfactory record of compliance with immigration and workplace relations laws;

§         the employer has made adequate provision for training Australians (or, in the case of a newly established business, must make adequate provision for future training);

§         the position must be full-time, and available to the nominee for at least 3 years, with no express exclusion of the possibility of renewal;

§         the terms and conditions of employment must be no less favourable than the working conditions provided for under relevant Australian legislation and awards and the position must pay a salary not be less than $39,100 for most occupations or $50,775 for IT occupations.;

§         the tasks of the position correspond to the tasks of an occupation that is on the ENS Skilled Occupation List;

Visa Requirements

For the visa application to be approved, the Minister’s delegate must be satisfied that, at the time they make their application, the visa applicant:

§         has been nominated by an Australian employer for a position in the employer’s business;

§         meets the skill requirements, that is:

§         has already been working full-time in the occupation in Australia for at least the last two years, including at least the last one year working for the nominating employer, while holding a specified temporary residence visa (including the 457 visa, medical practitioner visa, religious worker visa, sport visa, educational visa and special category visa); or

§         has skills and qualifications have been assessed by the relevant assessing body in Australia, and unless exceptional circumstances apply, has 3 years work experience in the nominated occupation; or

§         has been nominated to fill a position that attracts a base salary in excess of $151,500.

§         unless exceptional circumstances apply, is under the age of 45;

§         unless exceptional circumstances apply, is able to speak vocational English.

Health and character requirements will also apply.

There is more information available in the ENS Factsheet.