Employer Nomination Scheme – questions for employers

Q: Do I, as an employer, have sponsor’s responsibilities when nominating for permanent residence?

If you are employing subclass 482 visa holders who are being in nominated for permanent residence, the sponsor’s obligations remain in place until after the visa holder obtains permanent residence. For more information, check here for details of your obligations.

Q: As an employer, am I obliged to nominate my employee for permanent residence via ENS?

There is no legal obligation for you, as an employer, to nominate your employee for permanent residence. However, you should, as an employer, reflect on how your decision will affect the relationship between you and your employee given that most migrants coming to Australia aim to become citizens of this country and you putting up barriers to that may result in you losing your employee.

Q: What are my obligations relating to fees?

If you have been asked to nominate an employee for the subclass 186 visa, unlike the subclass 482 visa application, there is no obligation for you to pay the fees or charges relating to the applications other than the Skilling Australian Fund levy which is currently $3000 or $5000 depending on your turnover. All the other costs and fees can be the responsibility of your employee.

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