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The Subclass 186 ENS visa (Employer Nomination Scheme visa) is a permanent residency visa that requires the sponsorship of a nominating employer. In summary:
👉 You must have an occupations on the 186 Visa Occupations List
👉 English language requirements are IELTS (or equivalent test) score of 6 in each component.
👉 A maximum age requirement of 45 at the time of application will apply to Direct Entry stream
applicants. A maximum age requirement of 50 at the time of application will continue to apply to Temporary Residence Transition stream applicants
👉 A range of amendments have been introduced to enhance the integrity of the ENS and RSMS visas, including through requiring the nominated position to be genuine, and removal of the English language and skills exemption for applicants whose nominated earnings would be over $180,000.
The purpose of the subclass 186 – Employer Nomination Scheme (ENS) is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.
The business seeking to employ you must:
👉 be actively and lawfully operating in Australia
👉 genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
👉 It is a permanent residence visa for skilled workers who have a nominating employer.
👉 The Employer Nomination Scheme (ENS) allows Australian employers to nominate skilled foreign employees to work in Australia on a subclass 186 permanent residence visa.
👉 This visa involves a two-step process; a nomination by an approved Australian employer and a visa application by the skilled overseas worker.
👉 Applicants can be in or outside Australia when they apply for this visa. Applicants must have a valid visa or a bridging visa A, B, or C to apply for this visa in Australia.
The position to be filled must be:
👉 be full-time and available for at least 2 years from the time your visa is granted
👉 be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)
NOTE: Certain occupations on this list will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position). Please contact us for further details based on your particular circumstances.
👉 have a salary that is:
➡️ at least $70,000 per year (excluding any non-monetary benefits) AND
➡️ at least the annual market salary rate (AMSR) for your nominated occupation
NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $70,000 per year.
The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.
You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.
👉 be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location
As the visa applicant, you must (unless a specific exemption applies in any case):
👉 have competent English:
➡️ hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
➡️ an IELTS test score of at least 6 in EACH test component OR
➡️ an OET test score of at least B in EACH test component OR
➡️ a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
➡️ a PTE test score of at least 50 in EACH test component OR
➡️ a CAE test score of at least 169 in EACH test component
NOTES: In each case, the test must have been undertaken within the last three years.
👉 have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority
👉 have at least three years of full-time experience in your nominated occupation
👉 be under 45 years of age
👉 meet any mandatory licensing, registration or professional membership requirements
👉 satisfy the relevant health and character criteria
This application is lodged with the Department of Home Affairs (the DOHA) on behalf of your employer, and relates to the skilled position that you have been offered, which must meet the requirements referred to above. Your employer is required to supply documents to the DOHA in support of this application, the nature and extent of which will vary depending upon the particular circumstances of the business. Employers must pay a one-off Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination lodged with the DOHA. The amount payable varies based on the employer’s annual turnover.
Note: if the nomination has already been approved by the time the visa application is made, the visa application must be made within 6 months of the nomination being approved.
Your visa application is lodged with the DOHA either at the same time as the nomination application, or within six months of the DOHA’s approval of the nomination. The main criterion is that you fulfil the above requirements, including the standard health and character checks. Once the DOHA has approved both applications, you will be granted a permanent subclass 186 – Employer Nomination Scheme visa. You may be in Australia or outside Australia when your visa is granted.
Skills Assessment Application
BEFORE lodging your visa application, you must apply to have your skills (qualifications and/or work experience) formally assessed, to show that they are to the level required to undertake the nominated skilled occupation.
For each occupation listed on the MLTSSL, the DOHA has specified an assessing authority that may carry out skills assessments for that occupation. Only a skills assessment conducted by the relevant assessing authority will be accepted by the DOHA in support of a visa application.
If you have not already obtained an acceptable skills assessment for your occupation, we can apply for this assessment on your behalf. This involves determining the correct authority to carry out your assessment; providing you with a full list of the information and documents required to support your application; preparing the application; and lodging it with the relevant authority for assessment. Please note that we charge a separate professional fee for this service. An assessment fee is also payable to the skills assessing authority.
Please contact our office for further information regarding skills assessment applications.
👉 The Temporary Residence Transition stream is for 457 visa /TSS 482 visa holders who have worked for two years/ 3 years for TSS visa (Medium term), while holding a subclass 457 visa/482 visa, in the same occupation with their nominating employer who wants to offer them a permanent position in that occupation.
👉 The Direct Entry stream is for applicants who have not worked on a 457 visa/ TSS 482 Visa with their nominating employer for two years (3 years for TSS visa holders) but who are formally qualified in their occupation and have worked for at least three years at a skilled level in their occupation and their occupation is on the 186 Visa occupations list (Direct Entry).
👉 The Agreement stream is for applicants sponsored by an employer through a labour agreement
👉 Hold a subclass 457 visa/ TSS 482 Visa.
👉 Have worked for two years with your employer while sponsored as the primary applicant on a subclass 457 visa (3 years for TSS 482 Visa holders), in the same position as your employer has nominating you for the subclass 186 visa.
👉 Have been successfully nominated by your employer for a permanent position in your nominated occupation under this stream within the 6 months prior to applying for the visa.
👉 Demonstrate that you have at least competent English (IELTS 6 or equivalent). You must have at least Competent English. From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa.
👉 Be under 45 years of age unless you are exempt from the age requirement or fall under the grandfathering provisions.
👉 At the time of applying, hold any mandatory registration, licence or professional membership required for your occupation in the state where your nominated position is located.
👉 Meet health and character requirements
You can demonstrate you have Competent English by:
👉 Having a score of at least 6 in each of the four components of an IELTS test (speaking, reading, listening and writing) in a test that has been conducted within the three years immediately prior to the date of lodgement of your visa application OR or an equivalent score in one of the other accepted English tests
👉 Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland
WHAT ARE THE ADVANTAGES OF APPLYING FOR AN ENS VISA THROUGH THE TEMPORARY RESIDENCE TRANSITION STREAM?
👉 You can achieve Australian permanent residence through the Transitional Residence Stream without being formally qualified in your occupation.
👉 You do not need a skills assessment in your occupation for the Temporary Resident Transition stream.
To qualify for an employer nomination scheme (ENS) visa through the direct entry stream you must:
👉 Have an occupation on the 186 visa occupations list (Direct Entry)
👉 Have been successfully nominated by your employer for a permanent position in your nominated occupation under this stream in the 6 months prior to applying for the visa.
👉 Have at least three years of relevant work experience at a skilled level (i.e. post qualifying) in your nominated occupation.
👉 Have a positive skills assessment in your nominated occupation, which is not more than three years old (unless you are exempt from this requirement).
👉 Demonstrate you have at least competent English unless you’re exempt from the English requirement
👉 Be under 45 years of age unless you’re exempt from the age requirement or fall under the grandfathering provisions.
👉 At the time of applying, hold any mandatory registration, licence or professional membership required for your occupation in the state where the nominated position is located.
👉 Meet health and character requirements.
You can demonstrate you have competent English by:
👉 Having a score of at least 6 for each of the four components of an IELTS test (speaking, reading, listening and writing) in a test that has been conducted within the three years immediately prior to the date of lodgement of the applicant’s application, OR an equivalent score in another accepted English Test OR
👉 Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland
WHAT ARE THE ADVANTAGES OF APPLYING FOR AN ENS VISA THROUGH THE DIRECT ENTRY STREAM?
👉 You don’t have to spend two years with their employer on a 457 visa (3 years on the 482 TSS visa) to qualify for an Employer Nominated (ENS) subclass 186 visa through the Direct Entry Stream.
👉 Provided you can obtain a positive skills assessment and you have three years post qualification experience, you can apply for the subclass 186 ENS Direct Entry visa immediately.
ANY BUSINESS CAN NOMINATE A SKILLED WORKER FOR A SUBCLASS 186 PERMANENT RESIDENCE VISA, PROVIDED:
👉 The business is actively and lawfully operating in Australia
👉 The business has a genuine need for a paid employee to fill a skilled position
👉 The visa applicant is offered a skilled position in the applicant’s occupation that is full time and ongoing for at least two years
👉 The visa applicant will be paid a market salary rate
👉 The nominating business complies with Australian immigration and workplace relations laws
👉 There is no adverse information known about the business or anyone associated with the business.
The business must nominate the applicant in one of the three streams and meet the requirements of that stream.
You are exempt from the Age Requirements if:
👉 You are nominated as a senior academic by an Australian university
👉 You are nominated as a scientist, researcher or technical specialist at a skill level 1 or 2 by an Australian government scientific agency
👉 You are a medical practitioner who has been working for your nominating employer on either a subclass 457 visa or a subclass 482 visa for at least four years immediately before applying for your ENS visa and your nominated position is located in regional Australia.
👉 You are a medical practitioner who has worked for your nominating employer on a subclass 422 visa followed by a subclass 457 visa for two years in the four years immediately before applying for your 186 visa and your nominated position is in regional Australia.
👉 You hold a subclass 444 New Zealand Citizen or a subclass 461 New Zealand citizen’s family member visa and you have been working for your nominating employer for at least two of the three years immediately before applying for your 186 visa.
👉 You are applying through the Temporary Residence Transition Stream and have been working for your nominating employer as the holder of a subclass 457 visa for at least four years, immediately before applying for the 186 visa and has been paid as much as the Fair Work High Income Threshold in each of the four years.
👉 You are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed.
You won’t need to show formal English language skills if you:
👉 If you hold an ‘exempt passports” from the English Speaking countries of New Zealand, USA, Canada, United Kingdom and Ireland you are exempt from the English language requirements of the subclass 186 visa.
👉 Your nominated earnings are at least equivalent to the current Australian Taxation Office top individual income tax rate. (unless you are not able to demonstrate that you have functional English, you will be required to pay the second instalment of the visa application charge, currently $9,800.00).
👉 You are applying through the Transition stream and you have completed at least five years of full-time study in a secondary or higher education institution and all of the tuition was delivered in English.
The Department of Home Affairs has set 25 November 2023 for implementing changes to the employer-sponsored permanent residency program.
Once the ENS reforms have been implemented, short-term Temporary Skill Shortage (TSS) 482 visa holders will gain access to permanent residency under the 186 Temporary Residence Transition (TRT) stream of the ENS visa program.
The 186 visa permanent employer sponsored skilled visa programmes:
👉 Occupation lists: The MLTSSL will now apply to both the ENS and the RSMS, with additional occupations available to support regional employers for the RSMS.
👉 Minimum market salary rate: Employers must pay the Australian market salary rate (AMSR)- and meet the Temporary Skilled Migration Income Threshold (TSMIT minimum $70,000 from 1 July 2023).
👉 Residency: The eligibility period to transition to permanent residence will be extended from two to three years (people on a 457 visa and wanting to apply for 186/187 visa).
👉 Work experience: At least three years’ work experience relevant to the particular occupation will be required.
👉 Age: All applicants must be under the maximum age requirement of 45 at the time of application.
👉 Training requirement: Employers nominating a worker for an ENS or RSMS visa will be required to pay a contribution to the Skilling Australians Fund (SAF). The contribution will be:
➡️ payable in full at the time the worker is nominated.
➡️ $3,000 for small businesses (those with annual turnover of less than $10 million) and $5,000 for other businesses.