Employer Nomination Scheme Visa
Subclass 186
What is the ENS Visa?
The Employer Nomination Scheme Visa Subclass 186 allows skilled workers to gain permanent residency in Australia through employer sponsorship. This visa is ideal for skilled employees who have been nominated by an Australian employer, providing a pathway to live and work in Australia permanently. At Kris Ahn Lawyers, we assist applicants and sponsoring employers with every step of the ENS Visa process, ensuring all requirements are met for a successful outcome.
Important Facts
Permanent Residency
The ENS Visa grants permanent residency, allowing holders to live, work, and study in Australia indefinitely.
Multiple Streams
Available through Direct Entry, Temporary Residence Transition, and Labour Agreement streams.
Family Inclusion
ENS Visa holders can include their family members in their application.
Pathway from SID and 457 Visas
SID (Subclass 482) and 457 Visa holders can transition to permanent residency through the Temporary Residence Transition stream.
Types of Streams Under the ENS Visa Subclass 186
The ENS Visa includes three streams tailored to different applicant circumstances:
Direct Entry Stream
- Purpose: For applicants who are either outside Australia or do not have a qualifying temporary work visa.
- Eligibility: Applicants must have at least three years of relevant work experience and meet the skills and qualifications required for the nominated occupation. A skills assessment is required for this stream.
- Benefits: Provides direct access to permanent residency without the need to hold a temporary work visa beforehand.
Temporary Residence Transition (TRT) Stream
- Purpose: For SID (Subclass 482) and 457 Visa holders who have worked with their sponsoring employer in Australia for at least two years.
- Eligibility: Must be employed in the same occupation with the same employer for at least two years and meet specific English language proficiency requirements.
- Benefits: Offers a clear pathway to permanent residency for temporary visa holders, allowing them to settle in Australia long-term.
Labour Agreement Stream
- Purpose: For applicants nominated by employers with a Labour Agreement approved by the Australian government.
- Eligibility: Based on the terms of the specific Labour Agreement, which may include tailored occupation, skills, and English language requirements.
- Benefits: Provides flexibility for businesses with specialized needs that cannot be met through the general occupation lists.
Eligibility Requirements for the ENS Visa
To qualify for the ENS Visa, applicants must meet several general requirements:
Age
Generally, applicants must be under 45 years of age, though exemptions may apply.
Skills and Experience
Applicants must demonstrate relevant work experience and, in most cases, obtain a skills assessment.
English Proficiency
Varies by stream but typically requires a minimum level of English language proficiency.
Health and Character Requirements
All applicants must undergo health checks and provide police clearances to meet Australian health and character standards.
Employer Nomination Process
The role of the employer is crucial in the ENS Visa process. Employers must:
1
Nominate the Position
Employers nominate the specific position and show that it aligns with the eligible skilled occupation tasks.
2
Identify Genuine Need
Employers must demonstrate the genuine need for their business to nominate their employee
3
Post-Nomination Obligations
Employers must comply with Australian employment laws and ensure fair treatment and conditions for the sponsored employee.
Visa Application Process for 186 Visa
1
Nomination
The employer nominates the position, providing evidence of the need for a skilled worker in that role.
2
Visa Application
The nominated employee submits their visa application, including required documentation for skills, health, character, and English proficiency.
3
Decision
The Department of Home Affairs reviews the application. If successful, the applicant is granted permanent residency.
Transition from 482 or 457 Visa to ENS 186
The Temporary Residence Transition (TRT) stream allows SID (Subclass 482) and 457 Visa holders to transition to the ENS 186 Visa:
- Eligibility: Applicants must have worked with the same sponsoring employer for at least two years in the nominated occupation.
- Requirements: Meeting specific English proficiency levels, health, and character checks is necessary.
- Benefits: Offers a direct pathway from a temporary work visa to permanent residency, allowing employees and their families to settle in Australia permanently.
Application Fees
Applying for the ENS Visa involves certain fees:
Base Application Charge
All Streams (Direct Entry, Labour Agreement, Temporary Residence Transition): AUD 4,770
Additional Applicant Charges
- For Applicants Aged 18 and Over: AUD 2,385
- For Applicants Under 18: AUD 1,190
Skills Assessment and English Tests
Fees vary depending on the assessment authority and testing providers
Health Checks and Police Clearances
Additional fees apply for required health and police checks
How Can We Help?
At Kris Ahn Lawyers, we provide comprehensive support for both employers and employees throughout the ENS Visa process. From assisting with employer nominations to managing visa applications, we ensure each requirement is met to increase the likelihood of a successful outcome.
Frequently Asked Questions
Can I apply for permanent residency directly with the ENS Visa?
Yes, the Direct Entry stream of the ENS Visa provides direct access to permanent residency.
Do I need a skills assessment for the ENS Visa?
For the Direct Entry stream, a skills assessment is required unless exemptions apply.
Can I include family members in my ENS Visa application?
Yes, you can include dependent family members in your application for permanent residency.
What if I change employers during my SID or 457 Visa?
If you want to qualify for the 186 TRT stream and change employers during your 457 or SID visa, it is now possible to count all your sponsored employment towards the required work experience, even if you worked for different employers during that time.
Is Labour Market Testing required for ENS nominations?
No, LMT is not a requirement for the ENS visa.
