Employer ( Subclass 186 )

Subclass 186 – Employer Nomination Scheme (ENS)

The Subclass 186 Employer Nomination Scheme (ENS) visa allows skilled workers to gain permanent residency in Australia. It is designed for applicants nominated by an approved Australian employer. The visa operates under three streams: Temporary Residence Transition, Direct Entry , and Labour Agreement, each with specific criteria and requirements.

Key Definitions

• Application for approval: Refers to an application under Regulation 5.19 for the approval of a nominated position.
• Occupation: The role performed by an individual employed in the nominated position.

Primary Criteria

Primary criteria must be satisfied by at least one family unit member applying for the visa. Other family members must meet secondary criteria. All requirements must be fulfilled at the time of decision.

Streams and Criteria

1. 1. Temporary Residence Transition Stream

   This stream is for applicants who have worked with their nominating employer in Australia on a temporary visa.

   Criteria:

   • Age: The applicant must be under 45 at the time of application unless exempt.
   • English Proficiency: The applicant must demonstrate competent English or qualify for an exemption
   • Nomination Approval: The position must be nominated and approved, with no adverse information about the employer or associated persons.
   • Continuity: The application must be lodged within six months of the nomination approval.
   • Public Interest and Special Return Criteria: Applicants must meet public interest requirements and adhere to Australia’s return criteria.
   • Skill Verification: If requested, applicants must demonstrate the skills necessary for the nominated occupation.
2. 2. Direct Entry Stream

   This stream is for skilled workers who may not have previously worked in Australia or have limited work experience with the nominating employer.

   Criteria:

   • Age and English Proficiency: Similar to the Temporary Residence Transition stream, applicants must be under 45 and have competent English unless exempt.
   • Skills Assessment: Applicants must have their skills assessed by an authority recognized for the occupation. The assessment should be valid and meet full-time work experience requirements.
   • Nomination Approval: The nomination must align with Regulation 5.19(10), with no adverse information about the nominator.
   • Public Interest and Special Return Criteria: The same public interest and return criteria apply as for the Temporary Residence Transition stream.
3. 3. Labour Agreement Stream

   This stream is for applicants nominated under a labour agreement between an employer and the Australian government.

   Criteria:

   • Age: Applicants must be under 45 unless otherwise agreed upon in the labour agreement.
   • Nomination Approval: The position must be approved under a valid labour agreement.
   • Employment Conditions: The employment terms must align with those offered to Australian citizens or permanent residents performing equivalent work in similar locations.
   • Suitability: Applicants must possess qualifications, experience, and attributes suitable for the position.

   Common Criteria for All Streams

   • Licensing and Registration: Applicants must hold or be eligible to obtain necessary licenses or memberships required by the state or territory for the nominated occupation.
   • Nomination Validity: The position must remain available, and the application must be made within six months of nomination approval.
   • Public Interest Criteria: Applicants and family members must meet health, character, and public interest requirements. These include criteria 4001, 4002, 4020, among others.
   • Special Return Criteria: Compliance with return requirements such as criteria 5001, 5002, and 5010 is mandatory.

Conclusion

The Subclass 186 visa is a pathway to permanent residency for skilled workers. Its three streams provide flexibility to address varied circumstances, including temporary workers transitioning to permanent residency, skilled professionals directly entering the workforce, and those under specific labour agreements. Adherence to nomination, licensing, skill, and public interest criteria ensures the integrity of the process while supporting Australia’s skilled migration goals.