Employer Nomination Scheme (186)


What is a Subclass 186 Visa?

It is a permanent residence visa for qualified workers who have a nominating employer.
The Employer Nomination Scheme (ENS) allows Australian employers to nominate qualified foreign employees to work in Australia on a subclass 186 permanent residence visa.
A two-step visa process is involved; a nomination by an approved Australian employer and a visa application by the qualified overseas worker.
It is allowed that applicants are in or outside Australia when applying for this visa. A valid visa or a bridging visa A, B, or C is required for applying for this visa in Australia.

The Subclass 186 visa has three streams:
1.The Temporary Residence Transition stream is for 457 visa holders who have worked for two years, while holding a subclass 457 visa, in the same occupation with their nominating employer who is ready to offer them a constant position in that occupation.

2.The Direct Entry stream is for applicants who have not worked on a 457 visa with their nominating employer for two years but who are formally skilled in their occupation and have worked for at least three years at a qualified level in their occupation and their occupation is on the CSOL.

3. The Agreement stream is for applicants sponsored by an employer through a work contract.

REQUISITIONS FOR A 186 VISA VIA THE TEMPORARY RESIDENCE TRANSITION STREAM.

To qualify for an Employer Nomination Scheme (ENS) visa through the Temporary Residence Transition Stream you must:

– Hold a subclass 457 visa.
– Have worked for two years with your employer while sponsored as the primary applicant on a subclass 457 visa, in the same position as your employer has selected you for the subclass 186 visa.
– Have been successfully assigned by your employer for a constant position in your assigned occupation under this stream within 6 months before applying for the visa.
– Prove that you have at least vocational English unless you are liberated from this requirement.
– Be less than fifty years old unless you are liberated from the age requirement.
– When applying, hold any mandatory registration, licence or professional membership that is required for your occupation in the state where your nominated position is located.
– Meet the minimum health and character requirements.

What is vocational English for the ENS 186 Transitional Stream visa?

You can prove you have vocational English by:
– Scoring at least 5 in each of the four sections of an IELTS test (speaking, reading, listening and writing) in a test that has been passed within the three years immediately before the date of submission of your visa application,
– Scoring at least ‘B’ in each of the four sections of an Occupational English Test in a test that has been passed within the three years immediately before the date of your visa application submission.
– Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland

What are the benefits of applying for an ENS visa through the Temporary Residence Transition Stream?

You can attain Australian permanent residence through the Transitional Residence Stream not being officially qualified in your occupation.
No skills assessment in your occupation is needed for the Temporary Resident Transition stream.
REQUISITIONS FOR A 186 VISA VIA THE DIRECT ENTRY STREAM

To be qualified for an Employer Nominated (ENS) visa through the Direct Entry Stream you must:
– Have an occupation on the Consolidated Occupation List (CSOL)
– Have been successfully assigned by your employer for a constant position in your assigned occupation under this stream in the 6 months before submitting an application for the visa.
– Have relevant work experience of at least three years at a skilled level (i.e. post qualifying) in your assigned occupation.
– Have a positive skills assessment in your assigned occupation, which is not more than three years old (unless you are liberated from this requirement).
– Prove that you have at least competent English unless you’re liberated from the English requisition
– Be less than fifty years old unless you’re liberated from the age requisition.
– When applying, hold any mandatory registration, license or professional membership required for your occupation in the state where the nominated position is located.
– Meet the minimum health and character requirements.

How do I prove competent English for the 186 visa Direct Entry stream?

You can prove you have competent English by:
– Scoring of at least 6 in each of the four sections of an IELTS test (speaking, reading, listening and writing) in a test that has been passed within the three years immediately before the date of submission of your visa application,
– Scoring of at least ‘B’ in each of the four sections of an Occupational English Test in a test that has been passed within the three years immediately before the date of your visa application submission.
– Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland

What are the benefits of applying for an ENS visa through the Direct Entry stream?

You don’t need to spend two years with their employer on a 457 visa to qualify for an Employer Nominated (ENS) subclass 186 visa through the Direct Entry Stream.
In case you can obtain a positive skills assessment and you have post qualification experience of three years, you can submit an application for the subclass 186 ENS Direct Entry visa right away.

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.

Further employer requisitions for an ENS 186 nomination under the Transitional stream

The subclass 457 visa training requisitions must be met by the business in each year the business have been approved as a Standard Business Sponsor before nominating the employee for a 186 visa through the transitional stream.

Further employer requirements for an ENS 186 nomination under the Direct Entry stream.

The following training requirements must be met by the business:

– In case that the business has been trading in Australia for more than 12 months, the business must prove its contribution to the training of Australians.
– One of two benchmarks must be met by the business:
– Training benchmark A: requisites reimbursement in the previous 12 months that equals to at least 2 per cent of the pay sheets of the business in payments to an industry training fund operating in the same industry as the business. or
– Training benchmark B: requisites reimbursement in the previous 12 months that equals to at least 1 per cent of the pay sheets of the business, in the provision of training to Australian resident employees of the business.
– If the business has been operating for less than 12 months, the business is to demonstrate a training plan meeting one of these training benchmarks.
Subclass 187 – Regional Skilled Migration Scheme Process

There are 3 stages of RSMS process:

1. Nomination or Vacancy Certification (by a certifying authority)
Overall, the employer must be able to prove to a certifying authority the following:
– The position is a legitimate full-time vacancy;
– It is available for 2 consecutive years at the least;
– It requisites qualifications corresponding to at least Australian diploma level (including trade certificates);
– The local labour market cannot fill the position;
– Employment and remuneration concords to Australian industrial laws; and
– There is, or there will be, an employment contract or letter of appointment to cover the position.

2. Employer Nomination Assessment
The completed and certified nomination is to be forwarded to the relevant Department Business Centre with the need to be satisfied:
– A regional certifying authority has certified the nomination; and
– All the requisitions listed above were met.

3. Visa Applicant Requisitions
The applicant must fill in and submit an application. Overall, the visa application will be assessed against the following:
– That the applicant has the relevant skills equivalent to at least an Australian diploma;
– That the applicant is able to satisfy any mandatory licensing, registration or professional membership requisitions;
– That the position is for a fixed period of at least 2 years (proved by evidence of a contract);
– That the applicant is under 45 years of age;
– That the applicant has functional English language skills; and
– That the applicant and all family unit members meet mandatory minimum health and character requirements.

Visa Conditions
The visa will not be cancelled where a nominating employer terminates an employee’s contract within the 2 year period if the employee has made a genuine effort to complete the 2 years with the approved employer.

Provided that the employee’s visa is cancelled, the visas for people accompanied the employee to Australia through the Regional Skilled Migration Scheme are also to be cancelled.