Employer Nomination Scheme 186

Please contact our Migration Agent Perth for an initial assessment to ensure you are applying for the correct visa.  The Employer Nomination Scheme ENS subclass 186 is open to businesses that are actively and lawfully operating anywhere in Australia.  There are three streams under this visa subclass:

  • Temporary Residence Transition (TRT)
  • Direct Entry (DE)
  • Agreement

Overview

  • the Temporary Residence Transition stream is for 457 visa holders who have worked for their employer for 2 years and that employer wants to offer them a permanent position in the same occupation
  • the Direct Entry stream who are applying from outside Australia or are applying from within Australia but do not meet the requirements under the Temporary Residence Transition stream
  • the Agreement stream is for persons who are being sponsored by an employer who is a party to a labour agreement.

All visa applicants must meet health and character requirements.

Temporary Residence Transition Stream

The position to which the visa application relates must be the position nominated in the employer’s Temporary Residence Transition nomination. Visa criteria cannot be satisfied if the visa application is made under the Temporary Residence Transition stream but the employer’s nomination was approved under the Direct Entry stream. It is important to ensure that both nomination and visa application specify the same stream.

The position to which the visa application relates must also be the position that the applicant is subject to their most recent nomination approval under their 457 visa.

Once a nomination application has been approved, there can be no substitution of the person identified in the nomination. In the same regard, the position to which the visa application relates must be the position in relation to which the visa application declaration was made. Once lodged, the visa applicant cannot be considered against a different nomination.   This highlights the importance of getting the application right the first time.  Ensure you engage our experienced Migration Agent Perth to manage your application.

Once the nomination is approved, the visa application must lodged within 6 months.

If registration, licensing or professional membership is mandatory for a person to work in the occupation in the State/Territory in which the position is located, at time of visa application the applicant must hold, or be eligible to hold, the relevant registration, licence or membership.

At time of application, the applicant must have been under 50 or be a person in any of the five classes of persons specified below:

  • Skill level 1 or 2 researchers, scientists and technical specialists nominated by an Australian government scientific agency.
  • Senior academics (as outlined in the relevant legislative instrument) nominated by a university in Australia.
  • 457 visa holder who has been working for their nominating employer for at least the 4 years immediately before applying for their visa and whose annual earnings for each year in that 4 year period have been at least at the Fair Work High Income Threshold.
  • Medical practitioners:
    • who have been working in their nominated occupation as the holder of a 457 visa for at least the 4 years immediately before applying for the visa, and at least 2 years of that employment was located in regional Australia  and
    • whose nominated position is located in regional Australia For policy and procedure on these four age exemption categories, refer to:

Officers can consider age exemption requirements met if the applicant has been linked to an approved nomination from an Australian government scientific agency or State/Territory government agency, for an ANZSCO skill level 1 or 2 researcher, scientist or technical specialist position.

At the time of application, the applicant must have competent English which can holding a passport from certain countries, IELTS 6 in all 4 areas of the test or have completed at least 5 years of full-time study in a secondary and/or higher education institution where all the tuition was delivered in English.

Direct Entry Stream

Requirements for this stream include those outlined above however, effective 1 July 2017, the Direct Entry stream age eligibility criterion has changed from less than 50 to less than 45 years old unless they are a person in any of the three exempted class of persons:

  • ANZSCO skill level 1 or 2 researchers, scientists and technical specialists nominated by an Australian government scientific agency.
  • Senior academics (as defined in the relevant legislative instrument) nominated by a university in Australia.
  • 444and 461 visa holders who have been working for their nominating employer in their nominated occupation for at least 2 years (excluding any periods of unpaid leave) in the 3 year period immediately before applying. For these three age exemption categories, refer to:

Skills for Direct Entry Applicants

At the time of application:

  • the applicant’s skills have been assessed as suitable by the relevant assessing authority and the applicant has been employed in their nominated occupation for at least 3 years

or

  • the applicant was exempt from the requirement to demonstrate that they have requisite skills.

At the time of application the applicant must have been employed for at least full time or part time pro rata for 3 years in the occupation for which they have been nominated.

Applicants are not required to demonstrate that they have requisite skills for the nominated occupation if they are a person in any of the three classes of persons specified in the legislative instrument:

  • researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2, who have been nominated by Australian government agencies.
  • academics nominated by a university in Australia
  • 444 and 461 visa holders currently in Australia who have been working with their nominating employer in their nominated occupation for at least 2 years (excluding any periods of unpaid leave) in the 3 year period immediately before applying for their visa.

Agreement stream

The criteria under the Agreement Stream are similar to those outlined above with some specific criteria outlined below.

The position to which the visa application relates must be the position nominated by an employer under a current labour agreement to which the employer is a party. Visa criteria cannot be satisfied if the position to which the visa application relates is a different position from that nominated under the labour agreement.

The terms and conditions applicable to the position must be no less favourable than the terms and conditions that are or would be provided to an Australian citizen or Australian permanent resident for performing equivalent work in the workplace to which the application relates at the same location.

If the applicant is 50 years or older at time of application, they cannot satisfy Schedule 2 criteria unless the labour agreement to which the employer is a party (and under which the position to which the visa application relates is nominated) states that persons who are greater than 50 years may be employed.

The applicant’s required English language ability is specified in the relevant labour agreement. If English proficiency is specified in the labour agreement, the applicant must have that level of proficiency. Whether or not English proficiency is specified in the labour agreement, applicants (and any secondary applicants who were 18 or over at the time of application) must still be assessed as to whether they have functional English.

Family unit members all streams

The applicant must be a member of the family unit of the primary applicant. Family unit members to have made combined application with that of the primary applicant.

The applicant must be included in the related nomination. For this requirement to be satisfied, the family unit member must have been included in the electronic nomination or the nominator must provide written confirmation that their nomination includes the nominee’s family unit members.