Employer Nomination Scheme (ENS) subclasses 186
This is a permanent visa open for workers who are off-shore or on-shore.
Who can apply?
There are 2 entry streams for this category of visa:
1. The Direct Entry Stream for people who have never (or only briefly) worked in Australia
2. The Temporary Residence Transition Stream for people who have held a 482 visa in the MLTSSL stream for at least 3 years with the same employer .
Depending on the applicable entry stream, the various criteria to be met by the employer and the employee will vary. We suggest that you contact us for an initial assessment of your situation to see if you meet the eligibility criteria.
Process
Regardless of the entry stream applicable in your situation, you must first get the position approved by the Department of Home Affairs. This is called the "Nomination" of the position.
As part of the requirements, you must show that:
- You have a need for a paid employee and
- The position to be filled must correspond to an occupation listed on the relevant skill occupation list
- The position must provide a full-time employment for at least 2 years and
- The position must offer at least the same salary and employment terms and conditions that would be given to an Australian in the same role
- You have paid the "Skilling Australians Fund" levy as part of the nomination
- etc.
Once the position is approved, the employee must apply for a visa application.
As explained above, the criteria will vary depending on the entry stream, but here are some of the criteria:
- be aged less than 45 (unless transitional arrangements apply for the transition stream)
- have a good level of English
- positive skills assessment and 3 years relevant work experience if direct entry stream
- etc.
What can I do with an ENS Visa?
As an employer
This is a permanent visa which enables you to sponsor skilled overseas workers for full-time positions within your company. The workers may already be working within your company or be off-shore.
You must offer a full-time employment for at least 2 years and you must comply with all relevant Australian standards and workplace legislation for wages and working conditions.
Your employee
This is a permanent visa which entitles your employee and his/her family to live, work and study in Australia.
Your employee is entitled to access Australia's public medical assistance scheme (Medicare) and may also be eligible to access certain social security payments from Centrelink (beware of waiting periods).
Your employee may be eligible for citizenship provided s/he meets the 4 year residency requirement and all other legal criteria.