Employee Eligibility – Subclass 856 Visa

This page outlines the eligibility requirements for the Employer Nomination Scheme (subclass 856) visa.

Eligibility requirements

To be eligible for permanent residency under this visa, you must meet all of the following requirements at the time of lodging an application:

• you must hold a qualifying visa
  See: Qualifying Visas
• the nominated position must relate to an occupation listed on the ENSOL.
  See: Form 1121i - Skilled Occupation List (SOL) and Employer Nomination Scheme Occupation List (ENSOL) ( 124K B PDF file)

You must also meet one of the following requirements:

• have worked full-time in Australia in the nominated occupation on a Subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to the visa application being made (including at least the last 12 months with the nominating employer)
• have been nominated to fill a highly paid senior executive position with a salary of more than $165 000 per annum (excluding superannuation or allowances)
• have had your skills assessed as suitable by the relevant skills assessing authority and, unless exceptional circumstances apply, have at least three years full-time work experience in the occupation before the visa application is lodged. A list of assessing bodies can be found in the Employer Nomination Scheme Occupation List (ENSOL).

You must also:

• have an employer who is willing to sponsor you for permanent residency
• demonstrate that you have the appropriate skills, qualifications and/or experience to fill the position
• meet any mandatory licensing, registration or professional membership requirements which allow you to work unsupervised and without further training
• be under 45 years of age
• provide a letter of appointment or a contract signed by both the employer and yourself
• have vocational English language ability.
  See: Vocational English Language Requirement

Exemption from eligibility requirements

Under some circumstances, visa applicants may seek exemption from skill, language or age eligibility requirements.
See: Exemption from Eligibility Requirements

Health and character requirements

You and all dependent family members must meet the health and character requirements.
See:
Information form 1071i - Health requirement for permanent entry to Australia ( 56KB PDF file)
Character Requirement

Minimum salary level

There are minimum salary levels which must be met. The minimum salary is:

• $61 920 for the following occupations:
  • 2231-11 Systems Manager
  • 2231-13 Systems Designer
  • 2231-15 Software Designer
  • 2231-17 Applications and Analyst Programmer
  • 2231-19 Systems Programmer
  • 2231-21 Computer Systems Auditor
  • 2231-79 Computing Professionals (not elsewhere classified)
• $45 220 for all other gazetted occupations.

The minimum salary levels are for gross annual salary and must not include:

• accommodation or rental assistance, board, upkeep, meals or entertainment
• incentives, bonuses or commissions
• shares or bonus shares
• travel, holidays, health care/insurance
• vehicles or vehicle allowances
• communications packages
• Living-Away-from-Home-Allowance
• superannuation contributions (either voluntary employee or compulsory employer contributions)
• any other non-salary benefits not included in the above, with the exception of Medicare rebates.

Employers can offer any of these benefits to employees provided they are above and beyond the minimum salary.
Note: The minimum salary level is subject to change. Updated figures are published annually in a Gazette Notice.
See: Gazette Notice (866KB PDF file)

Limitation of applications

Applicants who are already in Australia may have a restriction on their current visa that prevents them from making an application for another visa.
See: Information form 1026i - Limitation on applications in Australia ( 52KB PDF file)

Australian Values Statement

All visa applicants aged 18 years or over, are required to sign an Australian values statement. The statement is included in the visa application form and all applicants aged 18 years and over will need to sign it. Before signing the statement, applicants for this visa are required to have read, or had explained to them, material made available by the government on life in Australia which is contained in the Life in Australia book.

The Life in Australia book provides more information on the values that Australians share and their way of life.
See:
Australian Values - Overview
Life in Australia Book

 

Before lodging an application, please read all related eligibility requirements.
See: Other eligibility