Employer Nomination Scheme (ENS) (Subclass 186) visa

This is a permanent visa and requires nomination by an approved Australian employer.

There are three streams under ENS:

  • the Temporary Residence Transition stream
  • the Direct Entry stream
  • the Agreement stream

This visa involves a two step process:

  • Nomination by an approved Australian business
  • Visa application under one of the three nominated streams

Nomination

Basic requirements for your business to meet to nominate the applicant:

  • You actively and lawfully operate a business in Australia
  • You have a genuine need for a paid employee to fill in a skilled position
  • You offer a skilled position in the applicant’s filed that is full time and ongoing for at least two years and sign employment contract with the applicant
  • You pay market salary and meet the Temporary Skilled Migration Income Threshold (TSMIT), which is currently $53,900
  • You comply with Australian immigration and workplace relation laws
  • There is no adverse information known about your business or any person associated with your business

You must nominate in one of the three streams and meet the requirements of their stream.

Temporary Residence Transition (TRT) Stream

If you have already sponsored the applicant for a 482 visa, you should use this stream and meet following requirements:

  • The applicant must have worked in the nominated position in your business on a 482 visa for at least two years
  • The nomination must be for the same occupation as the previous 482 visa for the applicant
  • The position must be full time, ongoing and available for at least two years and must be the same position in which the applicant has previously worked on a 482 visa
  • You must have met the subclass 482 training requirements in each year you have been a standard business sponsor
Direct Entry Stream

If you have not previously sponsored the applicant for a 482 visa or the applicant has not worked for at least two years in your business on a 482 visa, then you should use this stream and meet following requirements:

  • Nominate an occupation on the CSOL
  • The position must be full time, ongoing and available for at least two years
  • Must have met the training requirement if your business has been trading in Australia for more than 12 months
  • Must have an auditable training plan if your business has been operation for less than 12 months
Agreement Stream

This stream is used to nominate an applicant through a labour agreement that has been negotiated with the government before you lodge the nomation.

A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian government. You might consider entering into a labour agreement if there is a genuine and systemic shortage of suitably skilled Australian workers in your industry and/or geographic location, and standard immigration options are not suitable. A labour agreement comes into effect when it has been signed by all parties involved in the negotiations and is typically valid for three years.

Validity of Nomination

Nomination is valid for 6 months from the date of grant.

Visa Application

You can lodge the visa application with the nomination or within 6 months of nomination grant.

To lodge the visa application, you must:

  • Have been nominated by an approved business
  • Are under the age of 50 at the time of application (unless exempted)
  • Be nominated to work in an occupation on the CSOL
  • Have the skills and qualifications requirement for the nominated occupation
  • Meet registration and licensing obligations (if applicable)
  • Meet minimum English language requirement at the time of application (unless exempted)
  • Meet health and character requirements
  • Meet the requirements of the stream in which you apply for the visa
Temporary Residence Transition Stream

You might be able to get this visa under the Temporary Residence Transition stream if you:

  • hold a subclass 482 visa
  • have at least vocational English (unless exempted)
  • worked for two years in the same position your employer nominated you for while you held your subclass 482 visa as the primary visa holder, your employer has nominated you for a permanent position under this stream, and the nomination has been approved.

Your skills do not need to be assessed because you have already worked for your nominating employer for two years in Australia.

Direct Entry Stream

You might be able to get this visa under the Direct Entry stream if one of the following apply:

  • you have been nominated for a position under this stream and that nomination has been approved
  • you have never, or only briefly, worked in Australia
  • you hold a subclass 482 visa but do not qualify for the Temporary Residence Transition stream
  • you are applying directly from outside Australia.

At time of application lodgement, you must provide evidence that you:

  • have at least competent English (unless exempted)
  • have at least three years of relevant work experience
  • have a positive valid skills assessment in your nominated occupation (unless exempted).
Agreement Stream

You might be able to get this visa under the Agreement stream if you are being sponsored by an employer through a labour agreement. Your employer can advise you if such an agreement is in place for your industry or occupation. You must meet the age, skills and English language requirements stated in the agreement.

If you do not have an employer to nominate you, you can submit an Expression of Interest (EOI) through SkillSelect. Prospective can then view your details and decide if you can be nominated for skilled migration.

Please Book a Consultation for an initial assessment and find out if you are eligible for an Australian visa and let us guide you towards your Australian migration goal.

Have a question? Get in touch!