Employer Nomination Scheme (ENS), Regional Sponsored Migration Scheme (RSMS) and Labour Agreements (LA)
2 April 2005 - Legislation change
Client summary
Amendments to the Migration Regulations 1994 are to commence on 2 April 2005 to:
- remove labour market testing requirements for approval of a position nominated under the ENS
- introduce lists, specified by Gazette Notice, of skilled occupations and minimum salary levels in particular locations, with which a proposed nominated position must comply
- require that visa applicants under the ENS must have worked in the nominated occupation in Australia for at least 2 years as the holder of a temporary visa; or be nominated to fill a highly paid senior executive position with a salary of at least a minimum level specified by the Minister in a Gazette Notice; or have at least 3 years experience in the nominated occupation and have their skills assessed as suitable by an independent assessing authority specified by the Minister in a Gazette Notice
- enhance the integrity of the ENS and RSMS by requiring employers to be actively and lawfully operating in Australia, and to have a satisfactory record of compliance with immigration law and relevant workplace relations law
- restructure the regulations to provide for the skills levels to be met by applicant to be set out in the relevant subclasses 119, 120, 121, 855, 856 and 857, rather than in the provisions relating to approval of a nominated position under the ENS, RSMS or a LA
- require that all applications for the relevant subclasses must be made in Australia, irrespective of whether the applicant is offshore or onshore at the time of applying.
Technical details
The following provisions of the Migration Regulations 1994 have been amended:
- Regulation 5.19
- Items 1114 and 1121 in Schedule 1
- Parts 119, 120, 121, 855, 856 and 857 in Schedule 2.
Additional information: Nil.
Transitional arrangements: The amendments apply to applications for relevant visas made on and after 2 April 2005, and to applications for approval of a nominated position made on and after 2 April 2005.
Forms: Amended forms 47ES, 785, 1054, 1121i, 1131 (Book 5) and 1192 will be available from 2 April 2005.
Instructions: PAM3 will reflect these legislative amendments from 2 April 2005.
Effect on delegations: No changes to existing delegations or new delegations are required by these legislative amendments.
Effect on systems: ISCE will reflect these legislative amendments from 2 April 2005.