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Employer Nomination Scheme

Employer Nomination Scheme Visa (ENS)

Who is this visa for?

The Employer Nomination Scheme (subclass 186) is a permanent visa requiring the sponsorship of an Australian employer.  It allows Australian employers to fill skill shortages in the workplace by employing and sponsoring skilled migrant workers into certain positions within the business.

There is more than one stream in this visa; however circumstances and assessment will dictate which is the most suitable for each individual.

Temporary Transition Stream

The ‘Temporary Transition’ stream is the most common and specifically for individuals who have worked for the same employer, in the same occupation for two years, while holding a 457 visa.  In addition to the two year rule, employers interested in nominating employees for the 186 visa, must also be able to demonstrate that:

• there is a continuing need for the position

• the position is full-time and available for at least 2 years

• the employee will continue to have equivalent terms and conditions of employment

• the employer has adhered to all the Standard Business Sponsorship and training expenditure obligations, for each year that they have been an approved 457 sponsor

The visa applicant must:

• have an occupation listed on the relevant occupation list

• have not turned 50 years, unless certain exemptions apply

• meet English language requirements

• meet health and character requirements

• meet any relevant licenses or registration

Direct Entry Stream

The ‘Direct Entry’ may be suitable for someone who is not eligible for the ‘Temporary Transition’ stream, or who is applying from outside Australia.

Employers must be able to demonstrate that:

• there is a genuine need for the position

• the position is full-time and available for at least 2 years

• the employee will have equivalent terms and conditions of employment

• the employer meeting the training requirements

The visa applicant must:

• have an occupation listed on the relevant occupation list

• have not turned 50 years, unless certain exemptions apply

• provide a formal skills assessment in their occupation

• have worked in the occupation for at least 3 years

• meet English language requirements

• meet health and character requirements

• meet, or be eligible for any relevant licenses or registration