Employer Nomination Visa
The Employer Nominated Visa (subclass 186) is a permanent visa which allows an applicant to live, work and study in Australia indefinitely provided that the applicant has been sponsored by a nominated employer. Under the Employer Nomination Scheme (ENS), Australian employers are permitted to nominate certain skilled overseas employees to seek employment in Australia based on this visa.
The subclass visa is divided into 3 streams, which are as follows:
The Direct Entry stream: under this stream, an applicant must satisfy that that they are qualified in their occupation with a minimum 3 years working experience in their field of occupation. The occupation must be on the 186 Visa occupation list (Direct Entry) and that the applicant must have a positive skills assessment, unless exempt. Applicants, who hold or have previously held TSS 482, are not eligible under this stream. This stream further allows the applicant to sponsor eligible family members to come to Australia.
The Temporary Residence Transition stream: this stream is available for applicants holding a subclass 457 visa or TSS 482 visa provided that they have worked for an Australian employer for at least 2 years (457 visa holder)/ 3 years (482 visa holders). The Australian employer’s nomination must be approved for 6 months or longer before an application under this stream is made. This stream further allows the applicant to sponsor eligible family members to come to Australia.
The Labour Agreement stream: this stream is available for applicants who are nominated by an employer provided that the employer is party to a labour agreement and that the applicant is currently work or will undertake employment with the said employer. This stream further allows the applicant to sponsor eligible family members to come to Australia.
The applicant must have the following:
- Must be aged 45 or under for the Direct Entry Stream
- Must be aged 45 or under for the Labour Agreement Stream unless specified
- Must be aged 50 or under for the Temporary Residence Transition Stream
- Have the relevant occupation nominated from the subclass 186 Visa Occupation List
- Must be nominated by an Australian Employer
- Must have at least competent English,
- Meet the health and character requirements
- Integrity: A range of amendments have been introduced to enhance the integrity of the ENS and RSMS visas, including through requiring the nominated position to be genuine, and removal of the English language and skills exemption for applicants whose nominated earnings would be over $180,000.