186 Employer Nomination Scheme Visa (ENS)


The Employer Nomination Scheme (Subclass 186 Visa) is a permanent visa requiring the sponsorship of an Australian employer. The purpose of the ENS Visa is to allow Australian employers to fill skill shortages in the workplace by employing and sponsoring skilled migrant workers into certain positions within the business.  Importantly, there is more than one Stream into this visa; however circumstances will dictate which is the most suitable for each applicant.  

Temporary Transition Stream

 
The Temporary Transition Stream is specifically for 457 Visa holders who have worked for the same employer and in the same occupation for two years. Importantly, the two year calculation begins when the employee commenced working following the grant of their 457 Visa, meaning that any periods of work before the grant of the 457 visa, such as on a Working Holiday Visa, do not count towards the two year calculation. Furthermore, except for exempt occupations, the Temporary Transition Stream also requires that 457 visa holders work for two years with the same employer for the entire two year period, meaning that if at any stage the 457 visa holder had worked for a different employer and later transferred their 457 visa to their current sponsor, the two year calculation would have ‘re-set’ after the transfer.

In addition to the two year rule, employers wanting to nominate employees for the 186 Visa under the Temporary Transition Stream must also be able to demonstrate that there is a continuing need for the position, that the employee will continue to enjoy equivalent terms to other Australian employees and that the employer has adhered to all their Standard Business Sponsorship and training expenditure obligations for each year that they have been an approved 457 sponsor.  

Direct Entry Stream
The Direct Entry Stream into the 186 Visa is available to migrants who either:

(1)   Have a migration skills assessment and three years’ skilled experience in their skilled occupation; or

(2)  Researchers, scientists and technical specialists who are being nominated by Australian government agency; or

(3)  Academics who are being nominated by a university in Australia  employed at an Academic Level of A, B, C, D or E as a University Tutor (ANZSCO: 242112), University Lecturer (ANZSCO: 242111) or Faculty Head (ANZSCO: 134411); or

(4)  Workers whose earnings will be at least equivalent to the current Australian Tax Office top individual income tax rate; or

(5)  New Zealand Citizens (or family on a Subclass 164 visa) who have worked for their nominating employer in their nominated occupation for at least two years.

In addition, employers wanting to nominate employees for the 186 Visa under the Direct Entry Stream must nominate to fill a skilled position on the Consolidated Skilled Occupation List, be able to demonstrate that there is a genuine need for the position, provide the employee with equivalent terms to other Australian employees and satisfy legislated training benchmarks.