The Revamp of the ENS Regime Which Came into Force on 1 July 2012

 
 

The biggest change is the wide occupations list. Now even occupations like ‘jockey’ can be sponsored for permanent residence.  There is no need to ensure that a job on the 457 list is also on the ENS list, now they are both the same.

Secondly the minimum salary requirements no longer apply. For the ENS market rates must be paid.

The irony of this is that in the example of commercial cook, one could pay a permanent resident ENS visa applicant (obviously coming via the independent stream) less than a subclass 457 visa applicant!

However the market rate requirement does not apply to the RSMS visa.

There is no invitation to apply requirement and there is no state or territory sponsorship requirement anywhere in the ENS/RSMS regime.

For RSMS the role of the regional bodies has been down-graded.

Applications can be made while holding a Bridging visa A, B or C.  A BVC is interesting as one can be illegal when applying for this bridging visa.

The 4007 waiverable health criteria applies to the 457 entry regime

There is no 3 year ban on applying for these visas if a person left Australia on a BVE or as an unlawful.  Plus there is no schedule 3 criteria.

There are some arcane restrictions that apply to the occupations list like for a Chef where the however the limitation on chefs being the footnote in the Skilled Occupation List (SOL) *** as follows:

*** indicates that for a nomination or visa application for a Subclass 457 visa or a Subclass 186 visa[2], the occupation excludes positions in Fast Food or Takeaway Food Service[3]

This is found in the SOL set out in Legislative Instrument  IMMI 14/048.

However this limitation does not apply to the subclasses 187 RSMS visa or the 2 skilled visas the Subclass 189 – Skilled — Independent and the Subclass 190 – Skilled — Nominated.

Barbara DavidsonThe Revamp of the ENS Regime Which Came into Force on 1 July 2012