Subclass 186 - Employer Nomination Scheme (ENS)
The Employer Nomination Scheme visa (subclass 186) is for skilled workers who want to work in Australia. This visa
In order for you to be eligible for the Employer Nomination Scheme visa-ENS (subclass 186), you should be a skilled worker. The visa involves a two-step process, firstly, nomination by an approved Australian employer and then an application under the nominated stream. The Subclass 186 Employer Nomination Scheme visa is a permanent residency visa that requires the sponsorship of a nominating employer.
You can apply for this visa while you are in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C. Visa grant will result in a permanent visa.
The visa has three streams:
There are three separate pathways or streams for the 186 visa. Depending on your circumstances, you may fall may be eligible for one of the following;
· Direct Entry stream
· Temporary Residence Transition stream.
· Agreement stream
The Temporary Residence Transition stream is for subclass 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer (who is not subject to a labour agreement and who has lodged a valid nomination with us under the Temporary Residence Transition stream), who wants to offer them a permanent position in that occupation.
The Direct Entry stream is for people who have been nominated by their employer under the Direct Entry stream. This pathway of the ENS, you can be eligible, if you have never or only briefly worked in Australia or you are temporary residents who do not qualify for the Temporary Residence Transition stream.
The Agreement stream is for subclass 457 visa holders sponsored by an employer through a labour agreement.
Main eligibility requirements for 186 visa
· In order to obtain a 186 visa, the visa applicant and the employer will need to satisfy a number of requirements, including the following key requirements:
· Employer will need to satisfy the ‘training benchmark’ requirement, which generally means that it will need to provide training to its Australian citizen and permanent resident employees
· If the visa applicant is applying under the Temporary Residence Transition stream, then the applicant needs to complete 2 years of full-time work as a 457 visa holder
· If the visa applicant is applying under the Direct Entry stream, then generally speaking the visa applicant will need to obtain a positive skill assessment for the nominated occupation and have 3 years of relevant work experience
· Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the role available to the visa applicant for that period
· The role that the visa applicant is nominated to perform needs to align with an eligible occupation on the Consolidated Sponsored Occupation List
· Visa applicant must satisfy the English requirement for this visa, or one of the available exemptions
· Visa applicant’s salary must be consistent with the ‘Australian market rate’ for the nominated role
· Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 186 visa. The above does outline the key requirements.
The age cut off for this visa is 50 years at the time that you lodge your application. There are only a few allowed exceptions to this requirement for those applicants that are 50 years of age or over