Overview

The ENS (subclass 856) onshore visa is appropriate for persons currently living and/or working in Australia on a qualifying visa.

The ENS (subclass 121) offshore visa is appropriate for persons currently outside Australia.

Visa Entitlements

An ENS visa (subclass 856 and 121) permits you along with any secondary applicants included in your application to reside in Australia as permanent residents.

Permanent residents of Australia are able to:

• work and live in Australia permanently
• study at Australian academic institutions such as schools, tafes or universities
• claim healthcare which is subsidised under the Australian Medicare system and the Pharmaceutical Benefits Scheme (PBS)
• apply for applicable social security payments (subject to specific conditions and waiting periods)
• apply for Australian citizenship (subject to specific conditions and residency eligibility criteria)
• become sponsors for others wishing to obtain permanent residence in Australia

Eligibility Requirements

ENS (subclass 856)

To be eligible for permanent residency under an ENS (subclass 856) onshore visa you must meet the following conditions at the time of lodging your application:

• you must hold a current qualifying visa
• your nominated occupation must be listed on the Employer Nomination Scheme Occupation List (ENSOL)
• you must have an authorised and lawful employer willing to sponsor you for permanent residency in Australia
• you must demonstrate that you have the appropriate skills, qualifications and/or experience to undertake your nominated occupation
• you must meet any mandatory licensing, registration or professional membership requirements pertaining to your nominated occupation
• you must be under 45 years of age
• you must provide documentation of a letter of appointment or a contract signed by both yourself and your employer
• you must possess adequate vocational English language abilities.

Additional Requirements

In addition to this, you must also meet at least one of the following requirements;

• you have worked in Australia full time in your nominated occupation under a subclass 418, 421, 422, 428, 444, 457 or 461 temporary residence visa for the last two years prior to lodgement of your visa application (this must include at least the last 12 months working with the employer nominating you)
• you have been nominated to undertake a highly paid executive position which pays a salary of no less than $250,000 per year (note that this excludes superannuation and extra allowances)
• your skills have been assessed as suitable by the relevant skills assessing authority and you have at least three years full-time work experience in your nominated occupation before the visa application is lodged (barring some exceptional circumstances)

Note: It is possible in some cases for applicants to apply for an exemption from the skill, language or age requirements. Haag Walker Lawyers can help you determine if this applies to you.

ENS (subclass 121)

To be eligible for permanent residency under an ENS (subclass 121) offshore visa you must meet all of the following conditions at the time of lodging your application:

• your nominated occupation must be listed on the Employer Nomination Scheme Occupation List (ENSOL)
• you must have your skills assessed and passed as suitable to your nominated occupation by the relevant skills assessing authority
• you must have at least three years full-time work experience in your nominated occupation before the visa application is lodged (barring some exceptional circumstances)
• you must have an authorised and lawful employer willing to sponsor you for permanent residency in Australia
• you must demonstrate that you have the appropriate skills, qualifications and/or experience to undertake your nominated occupation
• you must meet any mandatory licensing, registration or professional membership requirements pertaining to your nominated occupation
• you must be under 45 years of age
• you must provide documentation of a letter of appointment or a contract signed by both yourself and your employer
• you must possess adequate vocational English language abilities.

Note: It is possible in some cases for applicants to apply for an exemption from the skill, language or age requirements. Haag Walker Lawyers can help you determine if this applies to you.