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Employer Nomination Scheme (ENS) Visa (Subclass 186)



Immigration News

 

 

Employer Nomination Scheme (ENS) visas, or subclass 186 visas, are permanent residency visas for skilled workers. They are available both to applicants who are already living and working in Australia as temporary residents, and to those living outside Australia. To be eligible for this visa, a skilled individual must be nominated by an Australian employer.

 

This visa provides the holder with Australian permanent residency with no conditions. Dependent family members may be included. The holder can live and work wherever they like in Australia. Although the visa is granted based on the holder being skilled in a specific occupation, once granted, the visa doesn’t require you to seek or maintain employment in this occupation.

 

General eligibility criteria

 

The Employer Nomination Scheme (Subclass 186) has three (3) streams:

  • Temporary Residence Transition (TRT) stream
  • Direct Entry stream
  • Labour Agreement stream.

 

Temporary Residence Transition stream

 

 

To be approved under the Temporary Residence Transition stream:

  • the nominating employer must:
    • continue to be actively and lawfully operating
    • have continued to meet the relevant training requirements 
    • have complied with its obligations as a Subclass 457 approved sponsor
    • have no adverse information against it

 

Direct Entry stream

The Direct Entry stream allows applicants who do not meet the requirements of the Temporary Residence Transition stream to be nominated by an employer for Permanent Residence.

 

To be approved under the Direct Entry stream:

  • the nominating employer must:
    • be actively and lawfully operating in Australia
    • meet the relevant training requirements 
    • have no adverse information against it

 

Employer Requirements 

 

EMPLOYERS REQUISITIONS FOR A SUBCLASS 186 NOMINATION

 

Any business can nominate a qualified worker for a subclass 186 permanent residence visa, provided:

 

– The business is functioning in Australia actively and lawfully

– The business genuinely needs a paid employee for a skilled position

– A skilled position in the applicant’s occupation is offered to the visa applicant and this position is full time and ongoing for at least two years

– A market salary rate will be paid to the visa applicant

– Australian immigration and workplace relations laws are complied by the nominating business

– No detrimental information is known about the business or anyone associated with the business.

 

An applicant must be nominated in one of the three business streams and meet the requirements of that stream.

 

Below are some of the documents needed for the applications.

Standard Business Sponsorship

Type of Document

Examples

Reasons

ABN

ABN Lookup

To prove that you are an Australian-based employer.

Bank Statements

Recent bank statement for the business account

To show that the business is actively operating.

Business Financials

Financial report

BAS

Accountant letter of support

To show that the business is financially viable to employ an overseas worker.

To show that the business is actively operating.

To show financial growth and success.

Company Operational Documents

Lease Documents

To show evidence that the business is actively operating.

To show evidence of business ownership.

Contracts between clients or suppliers

Invoices

Service Contracts

To show evidence that business is actively operating.

To show a real need to recruit extra staff.

Marketing Materials

Website details

Company’s brochures

Products/Service Pricelist

To show that the business is actively operating.

Building a profile for the business.

Nomination Application

Type of Document

Examples

Reasons

Evidence of Employment

Contract

Position Description

To identify the employee and the employment location.

To show that the position is available.

Labour Market Testing

Screenshots of job advertisements

To show that you cannot find a suitable Australian citizen or permanent resident to fill the position.

Market Salary Rate

Industry remuneration report

Payscale report

Rewards

To prove that the overseas workers are paid no less than an Australian worker would be doing the same work in the same location.

Organizational Chart

Organizational Chart

To show that the position is genuine.

 

Visa Application

Type of Document

Examples

Reasons

Identification Documents

Passport

Birth Certificate

Driver Licence

Name Change Certificate

Marriage Certificate

To prove your identity.

Qualification Documents

Academic Certificate

Academic Transcript

Completion Letter

To show that you have the relevant skills and educational background to undertake the nominated occupation.

Work Experience

Employment reference letter

Resume/CV

To show that you have the relevant skills and employment background to undertake the nominated occupation.

Character

Police Clearance

Must provide Australian police certificate if the applicant has spent 12 months or more in Australia in the last ten years since he/she turned 16.

Must provide an overseas police certificate for every country, including the applicant’s home country where he/she spent a total of 12 months or more in the last ten years since turning 16.

Health

Health checks

To ensure that the applicant is healthy.

English

English test report

To show the applicant meets the minimum English language proficiency standard.

 

Different Visa Types

 

Other work visa options include:

  • 186 Employer Nomination Scheme
  • 494 Skilled Employer-Sponsored Regional (Provisional) visa
  • Subclass 407 Training visa
  • TSS 482 visa

 

Need help with getting Australian Visas?

NO BORDERS: #1 TRUSTED MIGRATION AGENTS

Email: service@noborders-group.com

Tel:  +61 (07) 3876 4000

Consultation:  https://www.noborders-group.com/form/free-consultation

 

We will help you by exploring visa options and securing application. As part of our services, we will assess the eligibility of the application for a partner visa and help you to get out of the abusive relationship and provide you with detailed advice on your chances of success. If you would like to discuss your visa options and evaluate the pathway to permanent residency, please make an enquiry  or  book a consultation to get expert advice with one of our knowledgeable and experienced Migration Agents/Lawyers on 07 3876 4000 or email: service@noborders-group.com.

 

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