Employer Nomination Scheme (Subclass 121/856)
Definitions
These definitions will help you to understand the terms used in this visa package.
Dependent child
A dependent child is the child or stepchild, of the employee or their partner who:
- is not married, engaged to be married or in a de facto relationship and
- has not turned 18
or - if they have turned 18, are wholly or substantially reliant on the employee or the employee's partner for their basic needs, or are incapacitated for work.
Eligible position
An eligible position must meet the following requirements:
- be full-time, ongoing and available for at least three years
- provide working conditions that are no less favourable than provided for under the relevant Australian legislation and awards
- be a highly skilled occupation that is on the Employer Nomination Scheme Occupation List (ENSOL)
See: Skilled Occupation Lists (formerly known as Form 1121i) - the minimum salary level for ENS.
See: Employer Nomination Scheme - Occupations, Locations, Salaries and Relevant Assessing Authorities – June 2011
Employee
An employee is a foreign national who:
- meets the age, skill and language requirements
- has an employer that is willing to sponsor them for this visa.
Employer
An employer is an Australian business that is seeking to fill a vacancy for an eligible position.
Other dependent relatives
Other relatives may be included in the application if they are wholly or substantially reliant on the employee for financial support for their basic needs of food, shelter and clothing and they have been reliant on the employee for that support for a substantial period.
They must also be more reliant on the employee for support than on any other person or source. A relative may also be considered dependent on the employee if they are reliant on them for financial support because they have a mental or physical disability which stops them from earning a living to support themselves.
Other relatives dependent on the employee or employee's partner may include, for example, an aged, unmarried relative.
Dependent family members who are 18 years of age or over, should obtain form 47A and attach it to the visa application.
See: Form 47A Details of child or other dependent family member aged 18 years or over (248KB PDF file)
Details of child or other dependent family member aged 18 years or over must be completed for each dependent 18 or over, whether migrating or not.
Partner
A partner is your spouse (the person you are married to) or de facto partner (including same-sex partners).
