ENS visa applications require the nominating employer to demonstrate that there is a genuine need for the position. In assessing the genuine need, the Department of Immigration and Border Protection will consider the following:
- Attempts made by the employer to employ an Australian Citizen or Permanent Resident
- The need for a full time position given the size of the business and the number of employees
- The skill level of the occupation – lower skilled occupations such as Customer Service Manager or Restaurant Manager may be considered low skilled and assessed as high risk by DIBP due to the availability of suitably skilled local workers
- The need of the nominated occupation for the type of business.
- For example, a good occupation for a successful restaurant may be a cook. However, the nomination of an accountant for a busy restaurant is usually not a good match for the genuine need.
Applications that are considered to be high risk based on occupation skill levels are likely to be asked for further information by the Department to ensure:
- that the position is genuine
- the applicant meets the requirements for the position with the business
Further requests for information can result in extensive delays in processing times.
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Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.
Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.
