Employer Nomination Scheme (ENS) Visa (Subclass 186)

The Employer Nomination Scheme (ENS) Visa (Permanent) (Class EN) (Subclass 186) is a permanent employer-sponsored visa. The purpose of this visa is to allow Australian employers to nominate highly skilled professionals for permanent visas.

Obtaining a subclass 186 visa is a 2-stage process:

1. Nomination: The employer must lodge a nomination that specifies the details of the position and identifies the nominee.
2. Visa Application: The applicant applies for Subclass 186 visa under a relevant stream.

Highlights

• You may be in or outside Australia to lodge a valid visa application.
• This visa allows you to work, study and live in Australia.
• There are 3 different visa streams: Temporary Residence Transition (TRT), Direct Entry and Labour Agreement.
• This is a Permanent resident visa and allows you to stay in Australia indefinitely.
• You are expected to work for your nominating employer in Australia for at least 2 years.

Key Eligibility requirements – Common criteria to all streams

• Your employer must have applied for approval of the nomination of the position which your visa application relates.
• If it is mandatory in the State or Territory where your position is located, you must hold or be eligible to apply for and hold a relevant licence, registration or professional membership.
• You must satisfy certain Public Interest criteria and Special Return criteria.
• You must meet health and character requirements.
• You must satisfy specific Nomination Criteria relating to the visa stream you are applying for such as being or have been the holder of a specific subclass visa for a specific period, having an occupation on the relevant list of eligible occupations or having been employed in your nominated occupation for a minimum period etc.
• You must satisfy specific criteria relating to the visa stream you are applying for.

Key Eligibility requirements – Temporary Residence Transition (TRT) stream

• You must be under 45 years of age (prescribed applicants may be eligible for exemption).
• You must be able to demonstrate ‘Competent English’ (prescribed applicants may be eligible for exemption).
• Your position was nominated in an application for approval and in relation to the TRT stream. This nomination must have been approved by the Minister.
• If required by the Minister, you must demonstrate that you have the necessary skills to perform the tasks of the occupation to which your nominated position relates.

Key Eligibility requirements – Direct Entry stream

• You must be under 45 years of age (prescribed applicants may be eligible for exemption).
• You must be able to demonstrate ‘Competent English’ (prescribed applicants may be eligible for exemption).
• Your position was nominated in an application for approval and in relation to the Direct Entry stream. This nomination must have been approved by the Minister.
• You must have a positive skills assessment from the relevant skills assessing authority in relation to your nominated occupation (prescribed applicants may be eligible for exemption).
• You must have been employed in your nominated occupation for at least 3 years (prescribed applicants may be eligible for exemption).

Key Eligibility requirements – Labour Agreement stream

• You must be under 45 years of age unless otherwise agreed with the Minister.
• Your position was nominated in an application for approval and in relation to the Labour Agreement stream. This nomination must have been approved by the Minister.
• You must have suitable qualifications, experience, skills and English proficiency to perform the tasks of the occupation to which your nominated position relates
• You must have been employed in your nominated occupation for at least 3 years unless otherwise considered by the Minister.

Criteria and requirements relevant to Approval of nominated positions have NOT been included in the above summary. An approved nomination is required for this visa.

Contact us if you would like to know more about this visa or need immigration advice.

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