Australia Subclass 186 – Employer Nomination Scheme (ENS) Visa

The Subclass 186 Employer Nomination Scheme (ENS) Visa is a permanent residency visa for skilled workers who are sponsored by an Australian employer. This visa allows skilled workers to live and work in Australia permanently, provided they meet the necessary eligibility requirements. The ENS visa enables employers to nominate overseas workers for permanent employment in Australia, which helps fill skill shortages in the Australian labor market.

The Subclass 186 visa is an excellent option for individuals who have an offer of employment from an eligible Australian employer and want to transition from temporary work visas or international experience to permanent residency.

Key Features of the Subclass 186 Visa:

• Permanent Residency: Once granted, the Subclass 186 visa gives you and your eligible family members permanent residency in Australia, allowing you to live and work indefinitely.
• Work for Your Nominated Employer: The visa is designed for skilled workers who are nominated by an Australian employer. As a permanent resident, you can work full-time in your nominated position.
• Family Inclusion: You can include your spouse, dependent children, and other eligible family members in your application, giving them the same rights and benefits of permanent residency.
• Pathway to Citizenship: After holding your Subclass 186 visa for a specific period (usually 4 years), you may be eligible to apply for Australian citizenship, subject to meeting other requirements.
• No Employer Restrictions: Although you are sponsored by an employer for the visa, once granted permanent residency, you are free to work for any employer in Australia.

Eligibility Requirements:

To be eligible for the Subclass 186 visa, you must meet the following criteria:

1. Nomination by an Australian Employer:

   • You must be nominated by an Australian employer who holds the required sponsorship approval.
   • The employer must be able to demonstrate that the position being offered is a genuine full-time role, located in Australia, and on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupation List (ROL), depending on the type of nomination.

2. Skills and Qualifications:

   • You must have the required skills, qualifications, and experience for the nominated occupation. This is typically determined through a skills assessment by the relevant authority for your occupation.
   • For many occupations, you will need to prove that you have relevant work experience and/or formal qualifications, as well as meet the Australian standards for your field.

3. Age Requirement:

   • You must generally be under the age of 45 at the time of nomination to be eligible. However, some exemptions to the age requirement may apply based on your occupation and specific circumstances.

4. English Language Proficiency:

   • You must demonstrate a minimum level of English language proficiency. This can usually be done through an English language test, such as the IELTS, PTE Academic.
   • Generally, applicants must achieve a minimum score in these tests to meet the visa’s English requirement. However, certain exemptions may apply depending on your nationality and the specific details of your situation.

5. Work Experience:

   • You need to show that you have relevant work experience in your nominated occupation. For some applicants, this may require demonstrating at least three years of work experience.
   • Work experience requirements may vary based on your occupation, and some occupations may not require any prior work experience if you hold a recognized qualification.

6. Health and Character Requirements:

   • You and your dependents included in the application must meet Australia’s health and character requirements. This usually involves undergoing a medical examination and providing police certificates from your home country and any country where you have lived for 12 months or more in the last 10 years.

7. Position Availability:

   • The employer must ensure that the position for which you are being nominated is available for you to fill and that they have made genuine efforts to hire a suitable Australian worker. They must also show that they have met the labor market testing requirements if needed.

Streams of the Subclass 186 Visa:

The Subclass 186 visa has three main application streams, each designed for different circumstances:

1. Temporary Residence Transition (TRT) Stream:

   • This stream is for applicants who are currently in Australia on a Temporary Skill Shortage (TSS) visa (Subclass 482) or Temporary Work (Skilled) visa (Subclass 457).
   • You must have worked for your nominating employer in your nominated occupation for at least three years while holding your temporary visa.

2. Direct Entry Stream:

   • This stream is for applicants who do not hold a TSS or 457 visa or have not worked for their nominating employer in Australia.
   • Applicants applying under this stream must generally meet the skills, experience, and English language requirements and undergo a skills assessment with the relevant assessing authority.

3. Agreement Stream:

   • This stream is for applicants who are sponsored by an employer through a Labor Agreement between the Australian government and the employer.
   • This stream is used when an employer has a specific labor agreement with the government that allows them to sponsor foreign workers for permanent residency.

Application Process:

The process for applying for the Subclass 186 visa involves several key steps:

1. Employer Nomination:

   • The first step is for your employer to submit a nomination application to the Department of Home Affairs. This will include details of the position being offered and how it meets the requirements of the visa.
   • The employer will need to demonstrate that they meet the requirements for sponsoring an overseas worker and that the position is genuine.

2. Lodge Your Visa Application:

   • Once your employer’s nomination is approved, you can submit your visa application. You must do so within 6 months of the nomination approval.
   • You will need to provide various documents, such as your qualifications, work experience, English language test results, health and character checks, and identification documents.

3. Visa Processing:

   • After you submit your visa application, the Department of Home Affairs will process it. The processing time can vary depending on the complexity of your case, the stream you apply under, and the volume of applications at the time.

4. Visa Grant:

   • If your application is approved, you will be granted the Subclass 186 visa. This will allow you to live, work, and study in Australia permanently. Your family members, who are included in your application, will also be granted permanent residency.

Benefits of the Subclass 186 Visa:

• Permanent Residency: This visa provides you with permanent residency in Australia, allowing you to live and work in the country indefinitely.
• Access to Australian Benefits: As a permanent resident, you will have access to Australia’s healthcare system, social security, and other benefits.
• No Restrictions on Employment: Although your employer nominates you for the visa, once granted, you can work for any employer in Australia in any occupation.
• Family Inclusion: Your spouse, dependent children, and other eligible family members can be included in your visa application, giving them the same rights to live, work, and study in Australia.
• Pathway to Citizenship: After holding the Subclass 186 visa for four years, you may be eligible to apply for Australian citizenship.

Conclusion:

The Subclass 186 Employer Nomination Scheme (ENS) Visa is an excellent pathway to permanent residency in Australia for skilled workers who are nominated by an Australian employer. Whether you’re transitioning from a temporary work visa or looking to move to Australia with the support of an employer, this visa offers numerous benefits, including permanent residency, family inclusion, and access to Australian social services.

At Mannat Immigration & Visa Consultants, we can guide you through the Subclass 186 visa process, ensuring that you meet all eligibility requirements and helping you prepare a strong application. Contact us today to begin your journey toward permanent residency in Australia!