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Employer Nomination Scheme

Employer Nomination Scheme

Overview

Employer Nomination Scheme (Subclass 186) (ENS) visa

The ENS program is an employer-sponsored permanent resident visa for skilled foreign workers in certain occupations. Eligibility is dependent on a number of factors including the occupation, age, or salary of the candidate. You can read more about other employer-sponsored/assisted visas here, or the specific visas by clicking the links for TSS visas, regional employer-sponsored visas, or the 400 visas respectively.

Target Market

  • Established businesses in Australia
  • Established business overseas seeking to enter Australia
  • Employees with job offers from companies

Nomination requirements

  • The 186 visa requires the nominator to demonstrate that there is a genuine need for the nominee to work as a paid employee under its direct control, and nominate an occupation on a specified list

Stream types

  • Temporary Residence Transition stream
  • Direct Entry Stream
  • Labour Market stream

Visa Requirements

  • Various requirements depending on stream (see tabs above)

Eligibility

Employer Nomination Scheme (Subclass 186) (ENS) visa

This ENS 186 visa allows skilled workers, who are nominated by their employer, to live and work in Australia permanently. General eligibility requirements are set out on this page, but you can refer to a more detailed checklist here.

Key Eligibility Criteria

  • Must be nominated by their employer
  • Must be genuinely performing the tasks of the nominated position
  • The Temporary Residence Transition stream is typically for those who have worked for three years full-time, whilst holding a TSS / 457 visa in the same occupation with their nominating employer who is ready to offer them a role in that occupation
  • The Direct Entry stream is for applicants who have already obtained a positive skills assessment in the nominated occupation and want to apply for permanent residence directly
  • Applicants must be under 45 years of age (although the Temporary Residence Transition stream provides for some exemptions)
  • Must demonstrate at least competent English
  • Must meet relevant health and character requirements

Transitional criteria

  • If you have applied for and were granted a 457 visa before the 18th of April 2017, you can apply for the ENS subclass 186 visa in the TRT stream once you have worked for your current sponsor for two years
  • If you obtained a 457 or 482 visa after the 18th of April 2017, you must have an occupation on the Medium and Long Term Skilled Occupation List (MLTSSL) to apply for a 186 visa in the TRT or Direct Entry stream

Employer Nomination Scheme Processing Time

  • 75% of applications: 7 months
  • 90% of applications: 9 months

TRT Stream

Employer Nomination Scheme (Subclass 186) (ENS) visa

The ENS visa (also referred to as the Subclass 186 visa) allows adequately skilled workers, who are nominated by their employer, to reside and work in Australia permanently, as well as apply for Australian citizenship, if specific eligibility criteria are met. The key 186 visa requirement of this stream is to have worked with a sponsoring employer on a valid TSS / 457 visa for at least 3 of the last 4 years.

Nomination requirements

  • The business must be actively and lawfully operating in Australia
  • There must be a genuine need for the visa applicant in the nominated position under its direct control
  • The business must have the capacity to employ the individual in that position for 2 years
  • The position must be full-time and available for at least 2 years from the time the visa is granted
  • The position must be an occupation included on the current Medium to Long-term Strategic Skills List (MLTSSL) (unless transitional provisions apply)
  • The position must have a salary that is at least (a) $53,900 per annum and (b) at least the annual market salary rate for the nominated occupation
  • The position must be subject to conditions of employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa requirements

  • Must have held a 457 visa or a 482 visa to work on a full-time basis in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 3 years during the last 4 years
  • Be genuinely performing the tasks of the nominated position
  • Have competent English
  • Be under 45 years of age (unless exempt)
  • Meet any mandatory licensing, registration, or professional membership requirements
  • Satisfy the relevant health and character criteria

Direct Entry

Employer Nomination Scheme (Subclass 186) (ENS) visa

The ENS visa (also referred to as the Subclass 186 visa) allows adequately skilled workers, who are nominated by their employer, to reside and work in Australia permanently, as well as apply for Australian citizenship, if specific eligibility criteria are met. The key 186 visa requirement of this stream is that if an applicant has a positive skills assessment in the nominated occupation, they can apply for direct permanent residence.

Nomination requirements

  • The business must be actively and lawfully operating in Australia
  • There must be a genuine need for the visa applicant in the nominated position under its direct control
  • The business must have the capacity to employ the individual in that position for 2 years
  • The position must be full-time and available for at least 2 years from the time the visa is granted
  • The position must be an occupation included on the current Medium to Long-term Strategic Skills List (MLTSSL) (unless transitional provisions apply)
  • The position must have a salary that is at least (a) $53,900 per annum and (b) at least the annual market salary rate for the nominated occupation
  • The position must be subject to conditions of employment that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa requirements

  • Have their skills assessed as suitable for the occupation by the relevant skills-assessing authority
  • Have at least 3 years of post-qualification experience in the relevant occupation
  • Have competent English
  • Be under 45 years of age
  • Meet any mandatory licensing, registration, or professional membership requirements
  • Satisfy the relevant health and character criteria

Labour Agreements

Employer Nomination Scheme (Subclass 186) (ENS) visa

The ENS visa (also referred to as the Subclass 186 visa) allows skilled workers who are nominated by their employer to reside and work in Australia permanently. The Labour Agreement stream may apply to a foreign worker who either currently or, in the future, will work for an employer who is a party to a labour agreement.

Labour Agreement

  • The Labour Agreement stream is for applicants who currently work, or will work for an employer who is a party to a labour agreement and sponsored by an employer through a work contract
  • Given this is directly negotiated within your industry with the Department, please contact your Global Solicitor representative for further information.

Documents

Employer Nomination Scheme (Subclass 186) (ENS) visa

The actual documents you require for a successful ENS visa application (also referred to as the 186 visas) are dependent on your particular circumstances including (but not limited to) your family members, your health and character, your identity, and your occupation. Your Global Solicitor Advisor will provide you with a link to the Global Solicitor portal which will set out the specific documents required.

Identity, health, and character

  • Biographical pages of your current passports or travel documents
  • Full-quality passport-sized photograph of yourself
  • Evidence of your health assessment (we will advise you if this is required after we receive your completed questionnaire)
  • Police certificates for any country (including Australia) if you have lived for a cumulative period of 12 months or more

Process

Employer Nomination Scheme (Subclass 186) (ENS) visa

We’ll advise and guide you regarding your eligibility for the ENS visa (also referred to as the Subclass 186 visa) from assessing eligibility to the lodgement stage. We use an online document/information collection tool to store all your files and information in one location. You can use the Global Solicitor Portal to track the status of your matter and have a complete overview of the documents required and provided.

Step 1: Before you apply

  • Consider the requirements for English, health examinations, and police clearances and begin the process of obtaining them
  • Ensure your employer has submitted a nomination application. They will receive a Transaction Reference Number (TRN) when they do. You will require the TRN to apply for the visa
  • Understand your rights and your employer's obligations
  • For direct Entry applications you will also need to undergo and obtain a positive skills assessment in your nominated occupation

Step 2: Gather your documents

  • Identity documents
  • Evidence of any license, registration, or professional memberships mandatory to perform the nominated occupation
  • Evidence of skills and experience including CV, employment references, and qualification certificates
  • Evidence of competent English
  • Police clearances for any countries you have lived in for 12 months or more in the last 10 years
  • If you are more than 45 years old at the time of application, you will need to provide evidence of an exemption if applying for the TRT stream. Note that exemptions do not apply to the Direct Entry stream.
  • For direct Entry applications you will also need to provide a positive skills assessment in your nominated occupation
  • If you have dependents you may also need:
  • Marriage certificate or proof of de facto relationship
  • Passport and identity documents of all family members
  • English, health, and character requirements for all dependents

Step 3: Apply for the visa

  • Apply for the visa through the Immi Account
  • Fill out the relevant online form
  • Attach documents
  • Pay the visa application charge, noting the application will not be submitted until this fee is paid

Step 4: After you apply

  • The department will send you a confirmation letter (via email and/or the ImmiAccount portal messaging system) once your application and associated documentation have been submitted. You may also receive a bridging visa if you apply onshore
  • If you have any mistakes in your application, promptly update the Department through your ImmiAccount. You should also notify the Department should your circumstances change (e.g. updated passport or birth of a child)
  • Current processing times are as follows (speak to your Global Solicitor adviser for up to date information):
  • 75% of applications: 7 months
  • 90% of applications: 9 months

Step 5: Visa outcome

  • You can be inside or outside of Australia when the Department decides on your application
  • If you are approved, you will be issued a grant letter that contains your visa grant number, the date your visa starts, and the visa conditions
  • If you are refused, you will be issued with a refusal notification which will list out the reasons for your refusal and your review rights (time specific, so please contact us immediately if this is the case

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