Visa Vantage: Mastering the Employer Nomination Scheme (subclass 186) visa

Employer Nomination Scheme (ENS) (subclass 186) visa is a permanent visa for skilled workers who are nominated by their employer for a genuine permanent position.

There are three visa streams available:

(i)               the Temporary Residence Transition (TRT) stream;

(ii)             the Direct Entry (DE) stream; and

(iii)           the Labour Agreement (LA) stream.

ENS application process involves two steps:

1. the nomination – where the nominating employer nominates the visa applicant; and

2. the visa application – where the employee (nominee) applies for an ENS visa (subclass 186).

1. Nomination

Sponsoring employers are required to be actively and lawfully operating a business in Australia and must genuinely need the overseas worker to work in the nominated position under the employer’s direct control. There must be no known adverse information about the business or its associated entity. The sponsoring employer will also need to show that they have the capacity to employ a nominee in the nominated position for at least two years.

SPECIFIC STREAM REQUIREMENTS FOR NOMINATION APPROVAL

• TRT Stream

  1. The nominee must hold:

     (i) subclass 457 or 482 visa; or

     (ii) if last held subclass 457 or 482 visa – a bridging visa associated with subclass 457/482/186/187 visa application;

  2. the nominated occupation is listed in ANZSCO and is the same occupation as the occupation for which the subclass 457/482 visa was granted.

  3. The nomination must be made by the current employer.

• DE Stream

  The nominee must nominate an occupation on the Core Skills Occupation List (C-SOL).

• LA Stream

  The nominator must be a party to the LA. The LA must specify the nominated occupation. The nominee must meet the LA requirements.

There is an A$540 fee for the nomination of positions that are not located in regional Australia in the TRT and LA streams. For nomination in the DE stream, the fee is A$540, regardless of whether the position is located in regional Australia.

The sponsor also needs to pay a Skilling Australians Fund (SAF) levy, which is calculated as follows:

1. A$3,000 – a one-off fee for a small business with an annual turnover less than A$10 million; or

2. A$5,000 – a one-off fee for other businesses with an annual turnover of A$10 million or more.

An employer will need to ensure that nominees are paid at least the annual market salary rate for the occupation each year.

The employer must pay all costs in connection with sponsorship and nomination.

2. Application for ENS visa (subclass 186)

The visa application fee currently starts from A$4,770 for the main applicant and the Department’s processing guidelines are currently as follows:

• TRT Stream and DE Stream applications processed between 5 months (50%) and 18 months (90%)

• LA Stream applications processed between 75 days (50%) and 5 months (90%).

General requirements for the subclass 186 visa require applicants to:

• be under the age of 45 at the time of application, unless exemptions apply;

• have the required skills and qualifications for the nominated occupation;

• hold (or be eligible for) any mandatory licence, registration or membership of a professional body;

• have appropriate English language skills;

• meet health and character requirements.

ADDITIONAL STREAM REQUIREMENTS FOR VISA APPLICATIONS

• TRT Stream

  • have two years of full-time sponsored employment undertaken in Australia in the last three years while holding a subclass 457, 482 or an eligible bridging visa;

  • must make the subclass 186 visa application within six months of the nomination approval;

  • have competent English.

• DE Stream

  1. nominated occupation must be on the Core Skills Occupation List;

  2. have at least three years of relevant work experience, unless exempt;

  3. must make the subclass 186 visa application within six months of the nomination approval;

  4. have competent English;

  5. have a positive skills assessment, unless exempt.

• LA Stream

  1. meet English language skills, experience, skills, age and other requirements under the labour agreement.

Article written by Immigration Advisor, Aselle Yermekova (MARN: 2518759) and Ruppert Legal Principal, Ndi Ruppert.

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