Amendments related to the Review of the Employer Nomination Scheme and Labour Agreements
November 1, 1997
These regulation amendments implement recommendations made by the Committee for the Review of the Employer Nomination Scheme and Labour Agreements.
All appointments (not just academic/scientific) must now be supported by an employment contract for a minimum of 3 years, which does not expressly preclude renewal. This replaces the previous requirement that non-academic/scientific appointments must be for permanent employment.
- employer nomination nominees must apply for their visa within six months of the nomination being approved; if the application is made after this period it must be refused. Should the nominating employer wish to proceed with the nomination, a fresh form 785 and fee must be lodged with fresh evidence of labour market testing;
- all employer nomination nominees (except RSMS applicants) must be employed under a contract for a minimum period of three years. Evidence of this contract must be sighted prior to visa grant;
- all employer nomination nominees (except RSMS applicants) must have vocational level English unless the appointment is assessed as being ‘exceptional’;
- to be a ‘highly skilled person’, applicants must be eligible for any mandatory Australian licensing (or similar); and
- the upper age limit of 55 has been lowered to 45; visa applicants must be under 45 at time of application unless the appointment is ‘exceptional’.
In addition, the previous requirement for average competence has been replaced with a requirement that the applicant meet any mandatory licensing or registration requirements or any mandatory membership of a professional group.
The maximum age for a Subclass 120 (Labour Agreement), Subclass 121 and Subclass 805 visas has been reduced from 55 to 45 - retaining the exemption.
The requirement, for Subclass 121 and 805 visas, that the nomination be approved has been moved from time of application to the time of decision - applicants can now apply for the visa before the appointment has been approved; if the nomination is approved beforehand, the visa application must be made within 6 months of the approval of the nomination. Applicants are now also required to have vocational English.
The previous provision in Part 805 which prevented temporary residents holding visas issued under the Pre-Qualified Business Skills sponsorship has been removed as has been the requirement that the applicant held a qualifying visa for more than 12 months (the requirement for a qualifying visa has been retained).
[Regulations affected from 1 November 1997: Reg. 5.19, of "highly skilled person" amended, Parts 120, 121 and 805 amended.]
