Employer Nomination Scheme (Subclass 186)
The Employer Enrollment Scheme (ENS) subclass 186 visa is a permanent residence visa for skilled foreign workers, including workers from India, who are registered by an Australian employer to work in Australia
The Employer Registration Scheme (subclass 186) provides a permanent residence visa for skilled workers who wish to remain and work in Australia. Employers can nominate individuals for this visa when they cannot find a suitable Australian or permanent resident for the job. The system has three threads:
- Direct entry stream: targeting skilled workers with little or no work experience in Australia.
- Labor Contract Status: For skilled workers appointed by an employer under a contract of employment.
- Temporary Status Change Stream: Individuals on subclass 457 or TSS visas who have worked for their employer for at least three years.
Each stream comes with its own set of requirements. The visa generally grants permanent residency, with application fees starting at AUD 4,640. Candidates must meet health and character standards, possess the necessary skills and qualifications, and comply with Australian law and visa requirements.
Direct Entry Stream
- About the Stream: it’s aimed at skilled workers who haven’t worked in Australia before or have worked for a while. Ideal for applicants from outside Australia or who do not qualify for the Temporary Status Change Stream.
- Accommodation Option: Provides permanent residency in Australia.
- Fees: Visa application fees start at AUD 4,115.
- Processing time: Typically 6 to 8 months for most applications.
- Guidelines: Candidates must be nominated by an Australian employer, be a member of an eligible profession, have at least three years of relevant work experience, and meet skills, qualifications and English language values.
Important Note: Skill checks are mandatory for this stream. English proficiency equivalent to IELTS 6 is required in each module. Also, any high school candidate over the age of 18 must demonstrate Functional English ability (Overall IELTS 4.5 or equivalent) within the last 12 months.
Labour Agreement Stream
About the stream: Aimed at skilled workers appointed by an employer under an employment contract. This agreement exists between the Australian Government and employers to address specific skills shortages in the Australian labour market.
Accommodation Option: Provides permanent residency in Australia.
Cost: Visa application fees start at AUD 4,115.
Term: Depends on the severity of the labour contract.
Guidelines to follow: Candidates must be selected by an employer under an employment contract with the Australian Government, meet the age, skill and English language requirements set out in the employment agreement, and all other visa requirements are met.
NOTE: As of 19 April 2017, the Consolidated Sponsored Trade List (CSOL) and Skilled Trade List (SOL) and the Short Term Skilled Trade List (STSOL) and Medium Long Term Strategic Skills List ( MLTSSL), respectively.
There is no separate STSOL designation, but rather a combination of skilled services including services from STSOL and MLTSSL.
Both STSOL and MLTSSL are scheduled to be revised on July 1, 2017.
Therefore, for an 186 visa, the employer has to nominate the person for the job listed on STSOL or MLTSSL.
Temporary Residence Transition Stream
About the category: Aimed at subclass 457 or TSS visa holders who have been employed by their Australian registered employer for at least three years, permanent status is offered.
Accommodation Option: Provides permanent residency in Australia.
Cost: Visa application fees start at AUD 4,115.
Processing time: Typically 6 to 8 months for most applications.
Guidelines: Candidates must have worked full-time for their proposed employer for a minimum of three years, demonstrate a genuine need for the position, and meet skills and qualifications of the types required. The employer must also comply with Australian immigration and workplace laws.
Important Note: A competency assessment is not required under this section. However, English proficiency equivalent to IELTS 5 is required in each module unless otherwise accepted. Also, any high school candidate over the age of 18 is required to demonstrate Functional English ability (Overall IELTS score of 4.5 or equivalent) in the last 12 months, unless otherwise exempt.
Applicants to all rivers must meet health and temperament requirements and be under 45 years of age at the time of application unless specific exemptions are made. It is important to note that processing times and costs can vary, so it is advisable to check the latest information on the Australian Department of Home Affairs website or speak to an immigration agent
Benefits of the 186 Visa
Like other visas under the General Skilled Migration Program, the Subclass 491 visa screens applicants through a score test. This survey includes scores for age, education, work experience in Australia and internationally, English language proficiency and education in Australia The scoring system for skilled migrant visas has recently been updated, and awards applicants additional points in many other categories.
- Collect 15 points by supporting a nominated state or territory government or a family member in the state of Australia.
- Score 10 points for having a mature partner or de facto partner.
- Score 10 points if you do not have a spouse or de facto partner, or if your spouse is an Australian citizen or has permanent residence.
- Add 5 points to your application if your spouse or de facto partner demonstrates adequate English and is not an Australian or permanent resident.
- Bag 10 points for qualifications in selected STEM (Science, Technology, Engineering, and Mathematics) disciplines.
Guidance on Obtaining an Invitation for the 491 Visa
The 186 visa allows you and your additional family members to:
- He lives, works and studies in Australia permanently
- Get Medicare for healthcare costs
- Apply for Australian citizenship if you meet the eligibility criteria
- Sponsor eligible relatives to permanently settle in Australia
- Travel to and from Australia repeatedly for up to five years from the date of visa issuance
Eligibility Criteria for Applicants
To qualify for this visa, as an applicant you must:
- Attain age 50, unless you are exempt from the age requirement
- Hire an Australian employer who works legally in Australia
- Submit your visa application within 6 months of registration
- Have the necessary skills and qualifications for the designated position
- Provide proof of proficiency in English, unless otherwise noted
- Satisfy health and behaviour checks
- Meet the requirements under the specific stream you are applying for
Note: Candidates up to 45 years of age from 1st July 2017 are eligible for direct application.
From March 2018, the age limit for all 186 visa applicants will be 45 years or younger. Additionally, at least three years of relevant work experience is mandatory for the temporary residence change stream.
Eligibility Criteria for Nominating Employers
To qualify as an employer who registers for this visa:
- You must be working in Australia legally and diligently
- You must meet 1% or 2% of the training standard requirements (A or B).
- You should need to fill a full-time skilled position for at least 2 years
- You have complied with Australian immigration and workplace laws
- You should be paid in line with industry standards
- You must meet the criteria (i.e. temporary residence change, direct access, or contract) of the stream you are registering under.
There can be no conflicting information about you or your business
Health & Character Requirements
Both you and every family member included in the application must submit the following:
- Medical examination certificate obtained within 12 months of submitting the visa application
- Police certificates of criminal convictions within the last ten years
Eligible Family Members
You can add the following members to your visa application:
- Your spouse or partner
- You or your spouse’s child or stepchild
Applying for a 186 visa requires caution. From getting a good skills assessment to choosing the right stream to meeting age, skill and English language exemption criteria, the process can be complicated
At Kanberra Immigration Group, our experienced and professional team of migration professionals has helped many job seekers navigate the employer visa waiver process. With years of experience in immigration, we are well-equipped to ensure you qualify, choose the right stream and achieve good results.