Employer Nomination Scheme (ENS) - subclass 186

The Employer Nomination Scheme (ENS) allows business owners to nominate skilled foreign workers who are either overseas or already in Australia and employ them on a full-time basis.

This type of a visa is known as a subclass 186. Unlike the RSMS, this type of visa allows workers to be nominated anywhere in Australia.
 

EMPLOYER CRITERIA

  • The business must be lawfully operating in Australia;

  • The employer must demonstrate there is a need to fill the position;

  • The employer must pay and treat the nominated person (employee) no less favourable than an Australian citizen or Australian permanent resident performing the same work;

  • The employer commits to employing the nominated person (employee) on a full time basis for a period of
    two years; 

  • The employer must demonstrate that the position cannot be filled locally by either an Australian citizen or permanent resident; and

  • The employer complies with relevant workplace relation laws.

Additional specific requirements for (ENS) are:

  • The nominated position must relate to an occupation that is included on the Combined list of eligible skilled occupations

  • The nominated employer will need to prove that they provide training to Australians and meet the necessary training benchmarks.

 

APPLICATION STREAMS

The most common ENS visa applications can be made using either the Direct Entry Scheme or the Temporary Residence Transition Scheme.

1) DIRECT ENTRY STREAM

Direct Entry Stream is a pathway for visa applicants who are either overseas or in Australia when they apply but are not eligible to apply under the Temporary Residence Transition Scheme.

The visa applicant must satisfy the following criteria if nominated under the Direct Entry Stream:

  • The applicant can either be in or outside of Australia at the time of application. If in Australia the applicant must hold an Australian substantive visa or a relevant Bridging visa;

  • Demonstrate that they are suitably qualified to hold the position they have been nominated for;

  • Demonstrate that they hold any necessary registration or licensing associated with the nominated position
    (if applicable);

  • Demonstrate that they meet the character and health requirements;

  • Demonstrate that they are under 45 years of age; and

  • Demonstrate that they have competent English ability (unless exempt). (Current IELTS test score requirements to satisfy competency is “6” in each of the four test components).

 

2) TEMPORARY RESIDENCE TRANSITION STREAM:

Temporary Residence Transition Stream is for those visa applicants who currently hold a 457 visa and have worked for their current sponsor in their nominated position for two years.

The visa applicant must satisfy the following criteria if nominated under the Temporary Residence Transition Stream:

  • Demonstrate that they have worked for their current sponsor on a 457 visa in their nominated position for a period of two years;
  • Demonstrate that the new nomination is the same as their nominated 457 occupation;

  • Demonstrate that they have at least vocational English ability (unless exempt). (Current IELTS test score requirements to satisfy vocational English is “6” in each of the four test components.);

  • Demonstrate they meet the character and health requirements; and

  • Demonstrate that they are under 45 years of age (unless exempt).

Please note that the employer must demonstrate that they have met and continue to meet the training requirements of a standard 457 business sponsor.

This is a general overview of Permanent, Employer Sponsored Visas. We encourage you to make an appointment with Putt Legal to discuss your particular circumstances.