The Subclass 186 ENS visa Employer Nomination Scheme visa (subclass 186) Direct Entry stream lets skilled workers, who are nominated by an employer, live and work in Australia permanently.
Subclass 186 – Employer Nomination Scheme Visa: Direct Entry Stream
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 minimum requirements of the Direct Entry stream of this visa are set out below:
DIRECT ENTRY STREAM REQUIREMENTSEmployer 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 Position 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: o at least $53,900 per year (excluding any non-monetary benefits) AND o 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 $53,900 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 |
| Visa Applicant
As the visa applicant, you must (unless a specific exemption applies in any case): · have competent English i.e. o 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 o an IELTS test score of at least 6 in EACH test component OR o an OET test score of at least B in EACH test component OR o a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR o a PTE test score of at least 50 in EACH test component OR o 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 |
APPLICATION PROCESS
Stage 1: Nomination Application
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.
| Skilling Australians Fund Levy
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: · For employers with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$3,000 per nomination. · For employers with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$5,000 per nomination. The SAF levy must be paid upfront, at the time that the nomination is lodged. Please contact our office for further information regarding the SAF levy. |
Stage 2: Visa Application
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.
| 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 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.
All Temporary Skill Shortage (TSS) SC 482 visa holders will be eligible for ENS visas sponsored by their employers.
Applicants will need to continue to work in the occupation nominated for their TSS visa(s).
Sponsored visa holders will be eligible for ENS TRT after two years (down from three years) of sponsorship on a TSS by their employer.
Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.
The limit on Short Term stream TSS visa applications that can be made onshore has also been removed in the interim.
From 1 July 2022, eligible 457 and TSS – short term stream visa holders will be able to apply through the TRT stream. The pathway will be accessible for two years from its commencement on 1 July 2022, see eligibility for details
Book a meeting today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
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