Employer Eligibility

Employer requirements

To participate in the Employer Nomination Scheme, the employer must:

• be actively and lawfully operating a business in Australia
• have a genuine need for a paid employee to fill a position in their business
• follow all relevant Australian laws and have a satisfactory record of meeting immigration laws (if applicable)
• have a current training strategy for existing Australian employees, or if a newly established business, have a training plan for future training of Australian employees
• provide the employee with an offer of permanent employment.

Position requirements

The nominated 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)
  Note: An employer cannot nominate a position which does not relate to an occupation on the ENSOL.
• meet the minimum salary level for ENS.

Minimum salary level

For a position to be considered for ENS, it must meet minimum salary levels. These levels are subject to change. Updated figures are published annually in a Gazette Notice.
See: Employer Nomination Scheme - Occupations, Locations, Salaries and Relevant Assessing Authorities – June 2011

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 or 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.

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