ENS & RSMS (Permanent Residency)

Are you unsure about how permanent residency fits into your business plan?  

What are the implications of staff moving from 457 to PR, or hiring directly onto permanent residency?  

Don't know which visa is best for your business needs?

iVisas assists businesses to approach the visa status of their employees with the same level of strategic planning you apply to the rest of your business by answering your questions and filling the skill gap in your HR and management team when it comes to immigration law.

Employer sponsored permanent residency has 2 visas:
  • 186 Employer Nomination Scheme Visa (ENS)
  • 187 Regional Sponsored Migration Scheme visa (RSMS)
Each of these visas has a transitional stream (for existing 457 employees who have been with the nominating business 2 years in the nominated occupation), and a direct entry stream (for everyone else).

Both visas have minimum requirements for skills, English and age.  For both visas in both streams, applicants will need to be under 50 years of age unless they meet a very narrow exemption criteria.

The transitional stream has concessions for visa applicant skill and English levels, but requires Sponsors to demonstrate they complied with the Sponsorship obligations for 457.

Unlike 457 visas, there are currently no ongoing monitoring or sponsorship obligations above the existing workplace law for Australians for permanent residency visas sponsored by employers.  The is also no requirement for employers to pay for any part of the nomination or visa application, meaning that it is entirely a matter between the employer and employee who pays for the process.

187 RSMS 

We often recommend this visa to employers as the best option for their business in terms of liability, cost and retention.

The visa is for businesses to sponsor staff whose roles will be based in a designated regional area.  All of Western Australia, Northern Territory, South Australia, Tasmania and the Australian Capital Territory is designated regional for this visa (regional Australia does not include the Gold Coast, Brisbane, Newcastle, Sydney, Wollongong or Melbourne).

The visa is not restricted to an occupation list, but rather the occupation must have an ANZSCO rated skill category of Level 1, 2 or 3.

This means for instance that for your organisation’s field of operations, you may sponsor the occupations normally deemed not able to be sponsored, but allowable for this visa class.

Businesses wishing to qualify need to nominate the position within skill level 1 -3.  The position must be advertised within the three months prior to lodgement in order to demonstrate to the State Government who signs off on the Regional Certification that there is a genuine need for the person not available within the local workforce.  The State Certification is an opinion only and case officers at Immigration are not bound by that opinion.

Once all the documentation for the business is available, we submit to the State Government for certification and lodge the nomination and visa applications.

Visa applicants for this subclass must have the appropriate skills and experience as per the ANZSCO.  It gives more flexibility as unless it is a trade occupation, there is no skill assessment, and no minimum work experience.  You can also employ graduates on this visa for most occupations.

The employer must make an offer of employment for at least the next 2 years, for a full time position which meets the appropriate skill level criteria, and is remunerated at least equal to or great than the market salary rate for the position (eg they cannot earn less or have less favourable conditions than an Australian within the business doing the same role).  Once the visa is approved the worker becomes an Australian employee.  The employer retains all their rights and responsibilities as for any other employee under Australian State and Federal laws.

The employee accepts the position and commits to remain in the role for at least 2 years from visa grant.  The means that if they leave the role within the two year period, Immigration will consider whether or not to cancel their visa.  The employee is an Australian permanent resident from date of visa grant and has access to all the rights, and responsibilities of an Australian employee from that moment.  They have full medicare, and access to social services (though waiting periods may apply for some payments).

186 ENS 

This visa is about fleixiblity, and also being able to nominate occupations which may sit on the Consolidated Skilled Occupation List (CSOL) but have a lower skill level.  Businesses anywhere in Australia can nominated employees for this visa.
The visa is restricted to the CSOL  unless applying for transitional stream in which case the existing 457 occuaption may be nominated even if it is no longer on the CSOL.

This means being able to secure employees in occupations who you no longer have access to nominate for further 457 visas.

Visa applicants for Direct Entry stream of this subclass must have the following:

  • Minimum prescribed English
  • Migration Skills Assessment
  • Minimum 3 years post qualification work experience

Again, transition stream applicants have concessions for skill and a lower English threshold, but employer must deonstrate they met their 457 sponsorship obligations.

The employer must make an offer of employment for at least the next 2 years, for a full time position which meets the appropriate skill level criteria, and is remunerated at least equal to or great than the market salary rate for the position (eg they cannot earn less or have less favourable conditions than an Australian within the business doing the same role).  Once the visa is approved the worker becomes an Australian employee.  The employer retains all their rights and responsibilities as for any other employee under Australian State and Federal laws.

The employee accepts the position and commits to remain in the role for at least 2 years from visa grant. Unlike the 187 howver there is currently no mandatory consideration for cancellation if during the two years the employer and employee part company.  The employee is an Australian permanent resident from date of visa grant and has access to all the rights, and responsibilities of an Australian employee from that moment.  They have full medicare, and access to social services (though waiting periods may apply for some payments).

Testimonials

Thank you soooo much for everything you've done for us bonnie! Its been great working with you.  Words cant express how happy I am right now... woohooooo!

J.P. & P.P. (Mauritius)



Dear Bonnie

I'm very grateful and thank you very much for your effort and help to grant my visitor visa.  I was overwhelmed and excited; I didnt expect to obtain it so promptly as Im used to everything to be delayed where I am.

D.A. (FYROM)



Dear Bonnie
We are very grateful for everything that you did - Thank you so much from both of us!!! I think that now we are fiunally over the excitement of the news.  There cannot be any better timing also, as we were just planning a holiday back home and now we can go ahead with our plans. Again, thank you!

M.M. (Estonia)



Hi Bonnie, just to let you know that I achieve citizenship on the 9th of May and the long process has come to a successful conclusion. All of this was only possible due to your work and I am very very grateful.
 
B.H. (Ireland)

Dear Bonnie

I want to thank you personally for your service regarding our employee... The service we received was erudite, professional and prompt.  I understand the intricacies that can be involved in any visa process, however using your services erased any difficulties we would have faced.  From a business point of view I would highly recommend your services to any other companies who are seeking to sponsor an employee.  

(Director - Resources Company, Perth)


Hi Bonnie, That must have been the fastest processing in human history. Thank you a million times for your excellent and professional help! Thanks again.Thank you a million times...

Regards, Clemens


Bonnie!!

I want to thank you for all the additional effort you have gone to on this with us.  I won't forget that, you really nailed it, home run.. decision ready first time.

(Student Visa AL-3 applicants - United Arab Emirates)