Subclass 121 856 ENS Visa
The subclass 457 visa allows a migrant worker to work in Australia for up to 4 years as long as the worker meets the standards set by the sponsoring employer.
The subclass 418 education visa allows educators to maintain residency in Australia through Australian education sponsorship.
The subclass 119/857 visa is a permanent visa for workers who want to work in a specific 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
Subclass 121 and Subclass 856 visas use the same criteria for obtaining a visa. The difference between the two is that a subclass 121 application will be made by an applicant outside Australia and a subclass 856 application will be made by an applicant resident in Australia.
Both the 121 visa and the 856 visa are intended for highly skilled migrants who work in skilled occupations or jobs desired by Australian companies and employers. The employer must first fulfill specific conditions in order to successfully nominate a candidate.
Conditions include proof of:
- Be an active and legal operator in Australia
- You have a real need for an employee to fill the vacancy
- Compliance with all immigration laws
- Training provisions for existing Australian employees
Also, the proposed job position must:
- Be for a minimum of 3 years
- Be full time
- Comply with all conditions of employment under Australian employment law
- Match an occupation in the ENS occupation list published in the State Gazette
- Pay a minimum wage set by Australian immigration law.
121/856 visas there are several approaches that can be used for successful application.
An applicant who has worked full-time in Australia using a 457 visa for 2 or more years using a minimum of 12 months of working time with the nominating employer can apply in Australia.
Applicants for senior management positions with a minimum salary of $165,500 can also have a positive visa application result.
If you are the applicant and the above 2 approaches are not an option, then you will be required to have your skills assessed by an appropriate skills assessment body together with 3 or more years of experience in the relevant occupation. In exceptional circumstances, the 3-year work experience can be waived.
When applying for a 121/856 visa, some special circumstances and exceptions may be considered. These special circumstances and exceptions relate to the applicant’s age, skills and English language proficiency.
A good example of this would be a candidate who is not in the 45 – 50 age bracket. It must be demonstrated that the position is vital to the running of the business or the employer will have to demonstrate that it is not possible to find an applicant who is under the age of 45 and has the appropriate qualifications to handle the job responsibilities. In these circumstances the application is likely to succeed.
When applying, it would be in the applicant’s best interest to meet all requirements required by the Australian Government for Immigration and Citizenship, although there are some exceptions. Applicants, regardless of their situation, are strongly advised to seek professional assistance from attorneys who specialize in immigration. Most are located in major Australian cities such as Sydney or Melbourne.
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