The Employer Nomination Scheme (ENS) – Subclass 186 Visa is for skilled workers, who are nominated by an Australian employer (sponsor), whose business is actively & lawfully operating, to work in Australia. It is a permanent visa & allows the visa applicant to reside & work in Australia permanently or indefinitely.
The ENS Visa allows Australian employers to sponsor foreign workers to fill genuine vacancies in their business via one of the following 3 streams :
- Direct Entry Stream : Under which skilled workers, who are nominated to work in an occupation that is on the relevant “Skilled Occupation List”, can work in Australia permanently.
- Labour Agreement Stream : Under which an employer is authorized to recruit persons to be employed in Australia permanently by entering into a formal agreement with the Australian government.
- Temporary Residence Transition Stream : This stream is for current Subclass 457 or Subclass 482 visa holders who are now being offered a permanent position in the same occupation by their employer.
The 3 stages involved under this visa program are as follows :
- Sponsorship or Labour Agreement : An employer applies for approval as a sponsor or enters into a formal agreement with the Australian government.
- Nomination : Upon receiving approval to act as a sponsor or entering into a labour agreement, the employer nominates an occupation, that is on the relevant skill occupation list, for a prospective ENS visa applicant.
- Visa Application : The ENS visa applicant applies for the ENS visa.
Some common criteria to be satisfied by ENS Visa Applicants are :
- You must be under 45 years of age.
- Your occupation must be on the relevant “Skill Occupation List” or part of a labour agreement.
- Your Australian employer must be an approved sponsor or have a labour agreement with the government.
- You must be nominated by the approved sponsor to be granted this visa.
- You can only work for your sponsor who has nominated you.
- You can only work in the nominated occupation, which is on a relevant “Skill Occupation List” or incorporated in a labour agreement.
- Your nomination & visa application must relate to the same stream of this visa.
- You must have the skills to do the job & relevant work experience.
- If required, you must undergo a “Skills Assessment” from a relevant skill assessment authority.
- The objective of the skill assessment is to determine whether a visa applicant is able to work in Australia at the required skill level for the nominated occupation.
- If mandatory for your occupation, you must obtain the relevant license, registration or membership of the relevant professional body in the state/territory you intend to work in.
- You must meet relevant English Language requirements.
- You can bring eligible family members with you. Your family members must apply with you. They cannot apply separately.
- You & your family members applying with you must meet health & character requirements.
Rights of ENS visa holders :
- They can become a Permanent Resident
- They can live & work in Australia permanently
- They can enroll for Australia’s public health care scheme MEDICARE
- They can work for their approved sponsor, who has nominated them, in their nominated occupation
- They are afforded the same workplace rights as Australian workers
- They can bring any eligible dependents with them to Australia. Eligible dependents can work & study
- They can travel to & from Australia as many times as they want for 5 years. After this period, they must apply for another visa to re-enter Australia
- They can apply for Australian Citizenship, if eligible
Australian migration law is constantly in a state of change. To know if you are eligible to apply and, if so, how to apply in conformity with current relevant laws, contact our registered Australian migration expert who will ensure that you succeed in your migration goals.