Employer Nomination Scheme (ENS) visas, or subclass 186 visas, are permanent residency visas for skilled laborers. They are accessible both to candidates who are as of now living and working in Australia as temporary residents, and to those living outside Australia. To be qualified for this visa, a skilled person must be nominated by an Australian employer.
What does this visa allow you to do?
This visa gives the holder with Australian permanent residency with no conditions. Dependent family members may be included. The holder can live and work wherever they like in Australia. In spite of the fact that the visa is allowed based on the holder being skilled in a particular occupation, once allowed, the visa doesn’t require you to look for or keep up business in this occupation.
Who can apply for the Subclass 186 visa?
The subclass 186 visa has two streams, the Temporary Residence Transition (TRT) Stream and the Direct Entry (DE) Stream. Each stream has distinctive criteria.
To apply within the TRT stream, you must be the holder of a subclass 457 visa, a 482 visa, or a bridging visa allowed in affiliation with one of these subclasses.
186 Visa Eligibility Requirements
The Subclass 186 visa has six general requirements for all applicants, and more specific requirements dependent on which stream you apply under.
The general requirements are:
- have been nominated by an Australian employer and this nomination has been approved within the six months before you apply
- are under the age of 45 at the time of application
- have the required skills and qualifications for the position you have been nominated for – including holding (or being eligible for) any mandatory registration, license or professional membership
- have appropriate English language skills
- meet health and character requirements
- meet the requirements of the stream in which you apply
186 Visa Pathways
There are three possible application pathways for an ENS visa:
Temporary Residence Transition (TRT):
- Where candidates have worked with the employer on a 457 visa and/or a 482 visa for the last two years (in case candidates held or have applied for a 457 visa on or before 18 April 2017); or three years under an occupation listed on the Medium to Long term List. In this case, no skills assessment is required, and a competent English level is required.
- Those who applied or held a 457 visa on or earlier to the changes announced on 18 April 2017 may still be qualified for permanent residency through this pathway in spite of your occupation not being on an occupation list or on the short-term list. If you held a 457 visa or had applied for a 457 on or before the 18 April 2017 you still have the opportunity to apply for Permanent Residence under ENS, under the two-year pathway.
Direct Entry Stream:
- If you do not meet the prerequisites under the TRT stream (for example, since you’ve got never, or only briefly worked in Australia), the direct entry stream may at that point be accessible if your employer includes a genuine need for a skilled worker in a permanent and progressing position. The employee will have to be compelled to give a formal skill assessment in their occupation and appear that they have worked in their occupation for a least of three years on a skilled level. The occupation can only be on the Medium Long-Term List.
- Agreement Stream:
For individuals who hold a TSS visa. Where the employer contains a Work Agreement and supports their employee.
ENS visas require an essentially higher level of documentation than a 457/482 visa. Challenges which can be encountered in applying for ENS visas include:
- Obtaining skills assessments – each skills assessing authority has different criteria
- Demonstrating that the employer has a genuine need for a permanent position
- Meet licensing and/or registration requirements
ENS 186 Visa Application stages
There are two stages to the ENS Subclass 186 application:
- Nomination: Involves review of the business’ operations as well as the position offered to the employee
- Visa Application: The applicants need to meet age, language, skills, character and health requirements.
Processing Time for ENS Subclass 186 Visa
Processing standards vary in accordance with the departmental work pressure and are updated monthly.
The current guidelines provided by The Department of Home Affairs are:
- Direct Entry Stream: 75% of applications processed within 7 months
- Labour Agreement Stream: 75% of applications processed within 6 months
- Transition Pathway: 75% of applications processed within 15 months
To nominate a skilled worker for a Subclass 186 Permanent Residence visa, a business must:
- Be enthusiastically and legally operating in Australia
- Have a genuine need for a paid worker to fill a skilled position
- Offer the visa candidate a skilled position in the applicant’s occupation that is full-time and ongoing for a minimum period of two years.
- Pay the visa applicant a marketplace salary rate
- Accomplish with Australian immigration and workplace relations laws
- Have no known contrary information about the business/anyone related with the business.