How to apply for a skilled visa to Australia

1. HOW TO APPLY FOR A SKILLED VISA TO AUSTRALIA www.aylwardgame.com.au Disclaimer: This eBook is for information purposes only, and must not be relied on as a substitute for legal advice. You should always consult your own legal advisors to discuss your particular circumstances. Aylward Game make no war- ranties or representations regarding the information and exclude any liability which may arise as a result of the use of this information. This information is the copyright of Aylward Game.

2. SKILLED OCCUPATION LIST (SOL) 01 03 02 04 REQUIREMENTS EMPLOYER NOMINATED SCHEME (ENS) What does a company and an employee need before they can apply for an ENS? What is an ENS visa? APPLICATION PROCESS FILING AN APPLICATION Filing the application with Dept of Home Affairs ENS 2 www.aylwardgame.com.au CALL 1800 217 217

3. 01 ENS DEFINED What is an ENS visa? SPECIALTY OCCUPATION DEFINED The ENS lets skilled workers, who are nominated The ENS category is for occupations whose by their employer, live and work in Australia occupation is on the relevant list of eligible skilled indefinitely. occupation. WHAT IS THE ELIGIBLE SKILLED OCCUPATION LIST (DIRECT ENTRY STREAM)? The H-1B is a temporary nonimmigrant visa category. It has dual intent, meaning the visa holder can either stay temporarily or have intent to immigrate (apply for green card). instrument(s), all the following criteria must be To establish that a job qualifies as an eligible skilled occupation as per the formal legislative met: 1. The occupation is listed on the relevant list of eligible skilled occupations. 2. The applicant must have at least Competent English. 3. The applicant needs to have relevant work experience. 4. The applicant must be licensed, registered or be a member of a professional body. 5. The applicant must have a positive skills assessment. 3 www.aylwardgame.com.au CALL 1800 217 217

4. 02 What does a company and an employee need before they can apply for an ENS? ENS REQUIREMENTS REQUIREMENTS NOMINATED POSITION The applicant must be nominated by an Australian employer whose business is actively and lawfully operating. AGE The applicant must be under 45 years of age when applying. HEALTH AND CHARACTER REQUIREMENTS The applicant and his/her family members who apply for the visa must meet Australian health and character requirements. CALL NOW FOR IMMEDIATE ASSITANCE AND A FREE INTRODUCTORY CONVERSATION (1800) 217 217 BOOK AN APPOINTMENT OR 4 www.aylwardgame.com.au CALL 1800 217 217

5. 03 ENS PROCESS BEFORE YOU APPLY Get your skills assessed Organise English Exams (if you need to) Organise Health Assessments AFTER YOU APPLY • The applicant receives an acknowledgment that his/her application has been received. • The applicant will be notified if he/she did not not have heath assessments before he/she applied. • The applicant might be asked for biometrics (fingerprints and photo). • The applicant might be asked to provide more information. • The applicant may add family members to his/her application after he/she applies but before the Department of Home Affairs decide on his/her visa application. • The applicant whether, inside or outside Australia when the decision is made will be notified of the outcome in writing. 5 www.aylwardgame.com.au CALL 1800 217 217

6. 04 FILING AN APPLICATION Filing the application with Dept of Home Affairs IMPORTANT MILESTONES SKILLS ENGLISH EXAMS UNDERTAKEN HEALTH ASSESSMENTS UNDERTAKEN ASSESSMENT OBTAINED NOMINATION APPLY FOR THE VISA APPROVAL NOTICE FROM DEPARTMENT OF HOME AFFAIRS TRANSACTION REFERENCE NUMBER SUBMITTED BY EMPLOYER WHEN YOU HAVE OBTAINED AN ENS VISA • The applicant and family members must obey Australian laws. • The applicant agrees to begin his/her employment within 6 months of entering Australia if the visa is granted while the applicant is outside Australia or the date of grant of visa if the applicant is in Australia. • Subject to COVID-19 restrictions, the applicant and family members can travel to and from Australia for up to 5 years. After that period, the applicant will need a Resident Return Visa (RRV) to re-enter Australia as a permanent resident. • When working in Australia, the applicant is protected by Australian workplace law. • After a certain time, the applicant might be eligible for Australian citizenship. 6 www.aylwardgame.com.au CALL 1800 217 217

7. SALARY REQUIREMENTS TO NOMINATE A WORKER • The employers who wish to nominate workers for ENS (subclass 186) visas must meet certain salary and employment condition requirements • The Temporary Skilled Migration Income Threshold (TSMIT) is currently AUD53,900. This is a minimum salary required to meet one of the eligibilities to apply under this category. • The Annual Market Salary Rate (AMSR) is determined, amongst other things, by looking at what an employer would pay equivalent Australian workers, enterprise agreements or industrial awards • An Australian worker who is more or less experienced than the nominee worker and does smilar work at a different pay grade is not considered equivalent to the nominee. • If the nominated overseas worker will be paid less than the equivalent Australian worker, the Department will refuse the nomination. Aylward genuine and meaningful support in assisting you with lodging your ENS visa application. Game Solicitors provide We navigate your visa application with you from the nomination by an eligible business to the outcome of your application. We immigration laws and regulations for you. simplify the often complex 7 www.aylwardgame.com.au CALL 1800 217 217

8. FEES* GOVERNMENT FILING FEES OUR LEGAL FEES • $440 (inc GST) for initial advice • From AUD4,115 • $2,100 (inc GST) for skills assessment • $3,000 (inc GST) for assistance with the application form per the primary applicant plus $550 (inc GST) per additional family member • The above fees exclude any third party fee(s)/disbursement(s) • $1,000 (inc GST) for online submission of the application • Any enquiry post submission from the Department of Home Affairs requiring response from us will be charged at a rate of $489.50 (inc GST) per hour *Subject to change with prior notice.

9. OUR OFFICE LOCATIONS Brisbane office office 07 3236 0001 United Service Club 4th Floor, 183 Wickham Terrace Brisbane Q 4000 GPO BOX 1257, Brisbane QLD 4001 Gold Coast office office 07 5655 4474 2/20 Grice Ave Paradise Point Q 4216 PO BOX 229 Paradise Point Q 4216 Sunshine Coast office office 1800 217 217 T2.101 The Hive 55 Plaza Parade Maroochydore Q 4558 GPO BOX 1257, Brisbane QLD 4001 IN ASSOCIATION WITH This content is for information purposes only, and must not be relied on as a substitute for legal advice. You should always consult your own legal advisors to discuss your particular circumstances. Aylward Game make no warranties or representations regarding the information and exclude any liability which may arise as a result of the use of this information. This information is the copyright of Aylward Game Solicitors. By accessing and browsing Aylward Game Solicitors Website (i.e. www.aylwardgame.com.au), or using any of its products or services, you irrevocably agree to be bound by these Terms of Use. The Aylward Game Logo, The AG Polygon Symbol, “Aylward Game Solicitors”, “Ahead of the Game” and “We’re All The Suits You Need” are registered trademarks of Aylward Game Solicitors Pty Ltd (2021). LIABILITY LIMITED BY A SCHEME APPROVED UNDER PROFESSIONAL STANDARDS LEGISLATION | ABN 72 837 422 823 www.aylwardgame.com.au CALL 1800 217 217