Employer Nomination Scheme (ENS) 186 Visa
The Three Streams of Subclass 186 Visa
There are three streams under this ENS visa:
- Direct entry (DE) stream
- Temporary Residence Transition (TRT) stream
- Agreement stream
The subclass 186 visa TRT stream, as the name suggests, is for subclass 457 or TSS subclass 482 visa holders after they have worked for their sponsor for 3 years in Australia (unless exemptions or concessions apply).
The ENS visa DE stream is for applicants in or outside Australia who do not hold work visa such as subclass 457 or TSS visa, however they have at least 3 years work experience in the nominated occupation and a positive skills assessment.
The subclass 186 visa Agreement stream is for applicants whose employer/sponsor is a party to a Labour Agreement with the Australian Government.
The Two Stages of ENS Visa
There are 2 (two) stages involved in the ENS visa program:
Nomination Application
In the nomination application stage of the subclass 186 ENS visa, the employer must show that:
- There is a genuine need for the paid position
- They have the financial capacity to pay for the proposed salary
- There is no adverse information about the employer
- The proposed salary is in line with the Australian market salary rate or $70,000, whichever is higher
- The nominated position will be available for at least 2 years
- For TRT stream, the employee has been working full-time in Australia for at least 3 years (or 2 years in some cases) as a subclass 457 or TSS visa holder
The ENS subclass 186 visa nominated occupation must also be listed in the current Medium to Long-term Strategic Skills List (MLTSSL) published by the Australian Government.
Visa Application
In the visa application stage of the ENS visa, the employee/visa applicant must show that the person:
- is under 45 years old (unless exemptions or concessions apply)
- have competent English (i.e., IELTS band 6.0 in each band or equivalent)
- have three years of relevant work experience (for TRT stream, this must be with the sponsor while holding subclass 457 or TSS visa)
- has genuine commitment to work in the nominated role for 2 years
- for DE stream, have a positive skills assessment
- pass the health and character test
What Does the Subclass 186 Visa Allow You to Do?
As an ENS visa is a permanent visa, you will have no restrictions on work or study. Anyone included in the ENS subclass 186 visa application, such as your partner or children, will also enjoy the same. You will also be entitled to Medicare.
Subclass 186 ENS visa is granted for 5 years in duration, and thereafter you can renew the travel facility on the permanent residency before it expires, or you may apply for Australian citizenship.
Apply as a Subsequent Entrant Under the ENS Visa?
Unlike temporary visa like TSS, you cannot apply for ENS visa for your partner or children if you have been granted a permanent visa. In a case like this, applying for a partner visa for your family members may be appropriate.
You can, however, include your partner and/or children either at the same time as when you lodge your subclass 186 ENS visa application or during the processing time of your ENS visa application.
ENS Subclass 186 Visa Frequently Asked Questions
Can I apply for the subclass 186 visa if I am currently holding the subclass 457 visa?
Yes, provided that you have held your subclass 457 visa (and/or TSS visa) for at least 3 years while working full-time in Australia for your sponsor, you can apply for the ENS visa.
I am in Australia and my partner is overseas, can I add my partner as my dependent?
Yes, however, this must be done strategically because in some cases, an applicant who is overseas at the time of application may not be eligible for a bridging visa to stay in Australia.
Who can be included in the Subclass 186 ENS visa?
Can I still apply for the ENS subclass 186 visa if I have a criminal record?
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