Direct Entry employer nomination

  • Evidence that you are actively and lawfully operating:
    • certificate of registration for tax purposes (ABN) for all businesses
    • certificate of registration of business name (if operating under a trading name)
    • certificate of registration with ASIC (if a company)
    • relevant pages of the trust deed specifying the parties to the trust (if you are a trust or trustee of a trust)
    • current lease agreement
    • letter of support from the accountant of your business
    • audited balance sheet (statement of position) for the most recently concluded fiscal year with comparative figures for previous fiscal year, and profit and loss statement (statement of performance) for the most recently concluded fiscal year with comparative figures for the previous fiscal year, or:
      • business tax returns for the most recently concluded fiscal year and associated tax assessment notice, and
      • if the fiscal period to which the financial statements or tax returns submitted relate ended more than three months before the application was lodged – a business activity statement (BAS) for each complete quarter between the end of the fiscal period and the date of application lodgement
    • if you are a start-up business (a business that has been operating less than 12 months), you must provide:
      • business activity statements (BAS) for each complete quarter from commencement of operations to time of lodgement of the nomination, and
      • statements for the business bank account for the period from commencement of operations to time of lodgement of the nomination.
  • Your need for a paid employee:
    • detailed organisational structure chart
    • detailed position description including specified tasks and duties of the position
    • as applicable:
      • evidence that the position has existed and been previously occupied but has become vacant through attrition
      • evidence that the position is currently occupied by a temporary resident
      • evidence of an increase in business activity (e.g. new contracts won) requiring workers in the nominated occupation
      • evidence of overtime work or increase in overtime work for employees currently in the nominated occupation
      • if your business is diversifying, evidence of appropriate market research, business plans detailing proposed expansion and timelines, financial budgets covering expenditure and anticipated revenue and evidence of availability of funding (such as own funds or bank loans).
  • Training benchmarks:
    • if your business has operated for at least 12 months:
      • evidence of payroll, and
      • evidence of expenditure in the last 12 months to the equivalent of at least 2 per cent of the payroll of your business, to an industry training fund, or
      • evidence of expenditure in the last 12 months to the equivalent of at least 1 per cent of the payroll of your business, in the provision of training to employees in your business
    • if your business has operated for less than 12 months:
      • evidence of an auditable plan which clearly identifies how you intend to meet one of the above training benchmarks and articulates the forecast payroll for the next twelve months.