Employer Nomination Scheme (subclass 186)
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VISA INFORMATION
Employer Nomination Scheme (subclass 186)
A permanent residency visa known as the Employer Nomination Scheme (ENS) Subclass 186 is available to foreign skilled workers who have been proposed for employment in Australia by an Australian employer. The ENS is a two-step process:
Nomination for a job or post that is necessary for business by an authorised Australian Employer.
Visa application by the skilled overseas worker under the specified stream
When submitting an application for an ENS visa, the applicants may be inside or outside; nevertheless, they must have a substantive visa or a bridging visa A, B, or C in order to submit their application in Australia.
Such changes that are reflected in legislative instruments are closely monitored by us. One must be informed of these developments when applying for an Employer-Sponsored Visa, especially the ones that are relevant to your position.
You can apply for the ENS Visa through either of the following Streams:
The Temporary Residence Transition Stream:
If you have a 457 visa and have worked in Australia for the previous two years in the same occupation with the nominating employer (excluding periods of unpaid absence), and they are now prepared to offer you a permanent position in that occupation, you may be eligible to apply under this stream.
Under this stream, there is no need for a skill assessment. However, unless exempt, English proficiency at a level equal to IELTS 5 (in each module) is necessary. Any secondary applicant who is above 18 must also demonstrate functional English proficiency (overall IELTS score of 4.5 or equivalent) within the past 12 months, unless exempt.
The Direct Entry Stream:
You can apply for the Direct Entry Stream if you haven’t held a 457 visa but have at least three years of work experience in the chosen occupation and an employer who will sponsor you for that particular nominated occupation.
Skill evaluation is required for this stream. However, each module must have an English level that is equivalent to IELTS 6. Any secondary applicant who is over 18 must also have functional English proficiency (overall IELTS 4.5 or equivalent) from the previous 12 months.
The Agreement Stream:
Those who are sponsored by an employer in Australia via a labour agreement are eligible for this stream.
Consolidated Sponsored Occupation List (CSOL) and Skilled Occupation List (SOL) have been replaced with STSOL (Short-Term Skilled Occupation List) and MLTSSL (Medium and Long-term Strategic Skills List) as of April 19, 2017, respectively.
There is just a Combined List of Skilled Occupations for STSOL, not a distinct list (including the occupations from both STSOL and MTSSL).
On July 1st, 2017, STSOL and MLTSSL are both scheduled for revision.
In order to qualify for an 186 visa, the employer must suggest a candidate for an occupation that is either on the STSOL or MTSSL list.
Other Visa
- Employer Nomination Scheme (subclass 186)
- Temporary Activity visa (subclass 408)
- Training visa (subclass 407)
- Skilled Employer Sponsored Visa (Subclass 494)
Benefits of the 186 subclass Employee Nominated Scheme
- You can live, study and work in Australia for how ever long you want
- You are eligible for medicare through the visa
- You can apply for an Australian citizenship by meeting the criteria
- You can sponsor your eligible family and relatives for permanent residency
- Travel as much as you want for 5 years from the day the visa is granted
Eligibility criteria for the Employee Nominated Scheme:
You shouldn’t be older than 50 years unless you have an exemption from the age criteria
You should be nominated by an employer in Australia who is legally operating
You should apply for your Visa within 6 months of the nomination
Ensure you have the required skills for the position
Make sure you have an evidence of English proficiency unless there is an excemption
Evidence of Health and Character requirments
Check if you have fulfilled the criteria for the stream you applied
With effect from March 2018, all 186 visa candidates must be 45 years of age or younger. Additionally, applicants must have at least three years of relevant work experience in order to be considered for the Temporary Residence Transition Stream.
Eligibility Criteria for Nominating employers
- You must be actively and legally conducting business in Australia.
- The training benchmark (A or B) standards (1% or 2%) must have been met.
- A genuine need to fill a skilled post full-time for at least two years is required.
- You must have followed all applicable immigration and labour rules in Australia.
- Your compensation must meet industry norms.
- You must have complied with the requirements of the stream for which you are applying ( i.e. Temporary Residence Transition, Direct Entry or Agreement)
- There shouldn't be any information about you or your company that is conflicting.
Character and Health Requirements for Visa Application
Police certificates with no criminal convictions in the last ten years
Certificates of medical exams completed within a year after submitting the visa application
Family members that are eligible:
Your partner/spouse are eligible
Yours or your partners child or step child
Applying for an 186 visa necessitates extreme prudence. There are so many challenges in the process—from getting a positive skill assessment to choosing the right stream and proving that you meet the age, skill, and English requirements for exemption—that it’s enough to make your mind spin.
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