186 ENS VISA

Employer Nomination Scheme (ENS) visas, or subclass 186 visas, are permanent residency visas for skilled workers. They are available both to applicants who are already living and working in Australia as temporary residents, and for offshore Skilled workers. To be eligible for this visa, a skilled worker must be nominated by an Australian employer and occupation should be under MLTSS List (Unless applicant belongs to Grandfathering Cohort).
Subclass 186 visa provides Australian permanent residency with no conditions and dependent family members may be included. The visa holder can live and work wherever they like in Australia.

Visa Streams
Direct Entry (DE) Stream:
For applicants, either in Australia or overseas, who are seeking employment through a nomination by an Australian employer.

Temporary Residence Transition Stream:
For applicants who had already been sponsored for employment by an Australian employer on 457 or 482 temporary visas and who are now seeking permanent residence through a nomination by the same employer.

Labour Agreement stream:
for applicants, either in Australia or overseas, who are seeking employment through a nomination by an Australian employer under a Labour Agreement.

  • This visa involves a two-step process, firstly, nomination by an Australian employer and then a Visa application under the nominated stream.
  • Applicant can be in or outside Australia when lodging application. If applicant is in Australia, he/she must hold a substantive visa or a bridging visa A, B or C.

REQUIREMENTS – THE NOMINATOR (EMPLOYER) for DE Stream

  • Business must be actively and lawfully operating in Australia
  • Business must have a genuine need for a paid employee in an occupation specified in the nomination, under the direct control of the nominator.
  • Business must enter into an employment contract with the nominee for at least 2 years, which must not include any express exclusion of the possibility of extension.
  • Business must employ the nominee on the same condition as other Australian employees working in an equivalent position at the same workplace and at the same location.
  • Business must have the capacity to employ the nominee for 2 years, and to pay the nominee at least the Annual Market Salary Rate (AMSR) each year.
  • Business must have a satisfactory record of compliance with Australia’s immigration and industrial relation laws, and not subject to any sanctions as a result of previous breaches of sponsorship undertakings.
  • Business must have no adverse information about the nominator or an associated person.

REQUIREMENTS (DE)– THE NOMINEE (VISA APPLICANT)

  • Applicant must be qualified for any mandatory licensing, registration, or membership requirements for the nominated occupation in Australia.
  • As from March 2018, applicants in the Direct Entry stream for the ENS (186) visa are subject to the MLTSSL only (persons whose occupation appears only on STSOL will not be able to apply).
  • Applicant must have successfully completed skills assessment within the last 3 years.
  • Applicant required to have 3 years relevant post-qualification working experience.
  • Applicant must be aged less than 45 at time of application (Unless exempt)
  • Applicant must have ‘competent English (Unless exempt)

REQUIREMENTS – THE NOMINATOR (EMPLOYER) for TRTS Stream

  • Must be the same employer who had nominated the visa applicant for the latest 457 or 482 visa.
  • Must be actively and lawfully operate a business in Australia.
  • Must have a genuine need for a paid employee in an occupation specified in the nomination, under the direct control of the nominator.
  • Must enter into an employment contract with the nominee for at least 2 years, which must not include any express exclusion of the possibility of extension.
  • Must employ the nominee on the same condition as other Australian employees working in an equivalent position at the same workplace and at the same location.
  • Must have the capacity to employ the nominee for 2 years.
  • Business must have a satisfactory record of compliance with Australia’s immigration and industrial relation laws, and not subject to any sanctions as a result of previous breaches of sponsorship undertakings.
  • Business must have no adverse information about the nominator or an associated person.

REQUIREMENTS (TRT Stream)– THE NOMINEE (VISA APPLICANT)

  • Applicant must be nominated by the same employer for which the latest 457 or 482 visa was granted.
  • Applicant must be nominated for an occupation similar (with the corresponding 4-digit ANSZCO code in the same occupational unit group) to that for which the person had been nominated under the 457 or 482 visa.
  • Applicant may need to have successfully completed skills assessment within the last 3 years.
  • Applicant required to have 3 years relevant post-qualification working experience.
  • Must be aged less than 45 at time of application (reduced from 50 as from March 2018), unless exempted)
  • Applicant must have ‘competent English’, unless exempted).

Note: There are Transitional arrangements available for those who held or applied for 457 Visa on 18th April 2017 (Please contact Registered Migration Agent for more information)

REQUIREMENTS – THE NOMINATOR (EMPLOYER) for Labour Agreement (LA) stream:

  • Business must be a party to the Labour Agreement.
  • Business must have a satisfactory record of compliance with Australia’s immigration and industrial relation laws, and not subject to any sanctions because of previous breaches of sponsorship undertakings,
  • Business must have no adverse information about the nominator or an associated person.
  • Business will employ the nominee on the same condition as other Australian employees working in an equivalent position at the same workplace and at the same location.
  • The labour agreement is in effect, and specifies the occupation for which a nomination may be made for the ENS visa,
  • The requirements of the labour agreement have been met.
  • The number of nominations permitted under the labour agreement has not been exceeded.

REQUIREMENTS (LA Stream)– THE NOMINEE (VISA APPLICANT)

  • Applicant must be aged under 45 (reduced from 50 from March 2018), unless it is specifically waived by the labour agreement.
  • Are to be employed by the nominator in an occupation specified in the labour agreement.
  • Have qualifications, experience, and other attributes suitable for the position.
  • May have to demonstrate that the person has the necessary skills for the position (which may include a skills assessment),
  • Have sufficient English skills suitable to perform the duties of the position (there are no specifically prescribed English proficiency standard for Labour Agreements).
  • Have worked in the nominated occupation or a related occupation for at least 3 years, unless the Minister considers that in the circumstances that this can be waived.

https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list

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