Employer Nomination Scheme

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1. Overview of the ENS Subclass 186 Visa

  • Purpose: Allows Australian employers to sponsor skilled overseas workers for a permanent position.
  • Permanent Residency: Successful applicants can live and work in Australia indefinitely.
  • Streams:
    1. Temporary Residence Transition (TRT) Stream: For subclass 482 (TSS) or certain 457 visa holders who have worked with their sponsoring employer for a specified period.
    2. Direct Entry (DE) Stream: For those who have never worked in Australia (or have worked for a short period) and meet specific skill/experience requirements.
    3. Labour Agreement Stream: For employees sponsored under a formal labour agreement between the employer and the Australian Government.

2. Basic Steps in the ENS 186 Visa Process

There are generally two main steps to secure an ENS 186 visa:

A. Nomination Application by Employer

  1. Nomination Lodgement: The employer nominates a specific position and identifies the overseas worker intended to fill it.
  2. Genuine Position: The nominated role must be necessary for the employer’s business activities and correspond to an occupation on the relevant Skilled Occupation List.
  3. Salary and Employment Conditions: Must meet the Temporary Skilled Migration Income Threshold (TSMIT) and follow market salary rates.
  4. Additional Evidence: Depending on the stream, the employer may need to provide documents showing the overseas worker has been employed in the role (e.g., under TSS 482) for a minimum period.

B. Visa Application by the Nominee

  1. Skills and Qualifications: Must meet the skill level and registration/licensing requirements of the nominated occupation. In the Direct Entry stream, a skills assessment may be mandatory.
  2. English Language: Must meet the minimum English language requirement (e.g., IELTS, PTE, or TOEFL iBT scores), unless exempt.
  3. Health and Character Requirements: Provide health examination results and police clearances.
  4. Age Limit: Applicants must typically be under 45 years of age at the time of application, unless an exemption applies (e.g., certain high-income earners, academic or medical professionals).
  5. Lodgement: The nominee (overseas worker) lodges their application once the nomination is submitted. Both applications (nomination and visa) can be lodged concurrently if preferred.

3. Key Requirements for Each Stream

A. Temporary Residence Transition Stream

  • Current Holder of TSS 482 or 457: Must have worked for the sponsoring employer in the nominated occupation for at least 3 years (some transitional arrangements might vary for 457 holders).
  • Age Limit: Under 45 (unless exempt).
  • English Proficiency: Equivalent to at least IELTS 6.0 in each component (or other acceptable tests).
  • SAF Levi: The employer must meet the training levy obligations under the Skilling Australians Fund (SAF).

B. Direct Entry Stream

  • Skills Assessment: Required in many occupations unless exempt.
  • Work Experience: At least 3 years of relevant work experience is typically necessary.
  • Age Limit: Under 45 (unless an exemption applies).
  • English Proficiency: Generally Competent English (IELTS minimum 6.0 in each band or equivalent).

C. Labour Agreement Stream

  • Labour Agreement: The employer must have an active agreement with the Australian Government to sponsor workers.
  • Occupation and Salary Terms: As specified in the labour agreement.
  • Exemptions: Certain requirements (age, skill, English) may be different if outlined in the agreement.

4. Recent Policy Notes and Considerations

  1. Raising of the TSMIT
    • The Temporary Skilled Migration Income Threshold (TSMIT) increased to AUD 73,150, impacting sponsorship requirements for certain employer-sponsored visas.
  2. Pathway from 482 to ENS 186
    • Many 482 visa holders use the Temporary Residence Transition stream to become permanent residents after working with the same employer for a two-year period.
  3. Skills in Demand
    • Australia reviews its Skilled Occupation Lists periodically to ensure the labour market needs are accurately reflected. Occupations in high demand may enjoy faster processing times or more lenient pathways to permanent residency in some cases. Such as currently it is changed to Skill in Demand visa consisting Core Skill List and Specialist Skill Pathway list.
  4. Exemptions and Concessions
    • Various exemptions exist for age limits or English language requirements, particularly in industries facing critical shortages or through labour agreements.

5. How Auzworld Lawyers Can Assist

  1. Sponsor Eligibility Assessment
    • We help your business verify its eligibility to sponsor overseas workers and maintain compliance with sponsorship obligations.
  2. Nomination Preparation
    • Our migration professionals handle the required documentation, ensuring the position aligns with the Skilled Occupation List and meets market salary standards.
  3. Visa Application Guidance
    • We advise applicants on skill requirements, English testing, and assembling the necessary health/character documents.
  4. Compliance & Updates
    • Australian immigration laws evolve frequently. We stay up-to-date with policy changes, ensuring your application meets the latest standards.
  5. Appeal & Review
    • Should complications arise (e.g., a refusal), our legal team provides representation and counsel through relevant tribunals or courts as needed.

Contact Auzworld Lawyers

If you’re considering the Employer Nomination Scheme (Subclass 186) visa, or need guidance on any employer-sponsored or skilled migration pathway, Auzworld Lawyers is here to help.

Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice on your specific privacy law matters.

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