Employer Nomination Scheme (Subclass 186)

Sponsor skilled workers for permanent residency in Australia

Key Features

Explore the different streams and benefits of the ENS Visa

Temporary Residence Transition (TRT) Stream

Direct Entry (DE) Stream

Labour Agreement (LA) Stream

For individuals who have worked in the same nominated occupation for the nominating employer on a Temporary Skill Shortage (TSS) visa (Subclass 482) or another eligible visa for at least 2 years full-time excluding Leave Without Pay.

For individuals who do not meet the TRT stream requirements but have demonstrable skills for the role. The nominated occupation must be included on the relevant occupation list determined by the Department of Home Affairs. Unless exempt (e.g., academics), must have a positive skills assessment in their occupation from the relevant Australian skills assessment authority and at least 3 years of full-time equivalent work experience in their occupation (but not limited to just work in Australia or work on a TSS visa).

For individuals nominated by an employer through a labour agreement negotiated with the Australian government. Specific criteria will depend on the terms of the agreement.

Eligibility Criteria:

Employers

  • Nominating business: The nominator must be actively operating in Australia and financially viable.
  • Good corporate citizen: There is no adverse known to immigration about the nominator or associated person with the nominator, or it is reasonable to disregard it.
  • Genuine need: Employers must have a genuine need for a paid employee to fill a skilled position.
  • Training contribution: Employers must contribute to the Skilling Australians Fund levy.
  • Position offer: Employers must offer a position that is full-time and ongoing for at least 2 years following a decision on the application.
  • Salary: The nominee must be paid at or above the Australian Annual Market Salary Rate (AMSR). The AMSR must be no less than the TSMIT Temporary Skilled Migration Income Threshold (TSMIT) to be indexed annually (AUD73,150 effective 1 July 2024).
  • Mandatory registration or licensing requirements: If applicable, nominees must have local registration or licensing in their occupation.
Eligibility Criteria:

Employees

  • Approved nomination: Employees must be nominated by an Australian employer, and the nomination must be approved. For the TRT stream, this must be their current TSS sponsor.
  • Age requirement: Employees must meet the age requirement (under 45 at the time of application, with some exceptions).
  • Skills and qualifications: Must meet the Visa Stream requirements for the position unless an exemption applies.
  • English language proficiency: Employees must meet English language requirements unless exempt.
  • Mandatory registration or licensing requirements: Employees must have or be able to obtain local registration or licensing in their occupation if it is a mandatory requirement of their role.
  • Health and character: Employees and their dependent family members (whether migrating or not) must meet health and character requirements, along with any family members. A health waiver may be available under the TRT stream.
  • Family members: Spouses/partners and dependent children (typically under 23 years old with some exemptions) must meet a separate set of criteria to show that they are a member of the family unit of the primary applicant.

Benefits of the ENS Visa

For Employers:

For Employees:

– Address skill shortages: Quickly fill critical skills gaps with qualified overseas talent.
– Retain skilled workers: Provide a pathway to permanent residency, aiding in employee retention.
– Flexibility: Sponsor employees for permanent roles across various industries.

– Permanent Residency: Grants permanent residence to the applicant and their family.
– Work and study rights: Full work and study rights in Australia.
– Medicare access: Eligibility for Australia’s public health care scheme, Medicare.
– Pathway to citizenship: Opportunity to apply for Australian citizenship.
– Travel rights: Freedom to travel to and from Australia for five years. Travel rights can be renewed under the Resident Return Visa.

How to Apply for an ENS Visa

A Step-by-Step Process
1

Nomination by Employer

The employer submits a nomination application detailing the business operations, the position to be filled, and the skills of the nominee (including employment in the nominated position for the TRT stream and mandatory registration and licensing if applicable).

2

Visa Application

The nominee submits a visa application. The criteria set out above must be met at the time of application, except for health and character checks.

3

Processing and decision

Applications are assessed by the Department of Home Affairs. If approved, the nominee and any migrating family members are granted permanent residence.

  • Note: The nomination and visa applications can be lodged on the same day however they must be lodged and processed in order. A visa application must be lodged no later than six months after the nomination application is decided.

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