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December 6, 2010 – Changes to the Australian Employer Nomination Scheme (Residency)
The Minister of Immigration & Citizenship announced changes to the Employer Nomination Scheme today which have effect from December 5, 2010.
Increase in High Income Threshold
It is possible to apply for residency under the Employer Nomination Scheme in three ways:
1) Satisfy gazetted high income threshold; or
2) Positive skill assessment in relevant occupation plus three years appropriate experience in the occupation; or
3) 2 years in Australia on an eligible visa and working in an eligible occupation plus minimum of 12 months employment with the employer nominator
The high income threshold has been increased with immediate effect from a base of A$165,000 p.a to A$250,000 p.a.
The high income threshold has not been adjusted since 2005. Accordingly, the increase now is significant to reflect increases in executive wages over the last 5 years.
Applications lodged from December 5, 2010 are subject to the new income thresholds. Applications lodged prior to this date will not be effected.
Changes to the Employer Nomination Occupation List
17 new occupations have been added to the occupation list. One occupation has been removed. The changes to the occupation list are positive.
Please contact your Consultant at Stirling Henry for further details on approved occupations under the Employer Nomination category.
Conclusion
The increase to the high income threshold is not completely unexpected. The previous threshold was in place without change for 5 years. However, the increase of A$85,000 is larger than one might have expected at this time.
Further occupations being added to the Employer Nomination Scheme Occupation List is positive. Most individuals in Australia on a 457 visa will be eligible to convert to residency under this category.
We advise those considering applying for residency under the Employer Nomination Scheme to not delay. The Department of Immigration & Citizenship is able to add or remove occupations from the approved list without advance notice. Accordingly, it is impossible to guarantee an individual eligible under the current regulations will qualify in the future.
Stirling Henry Global Migration
MARN: 9683856
