The subclass 186 Employer Nominated Scheme (ENS) visa is a permanent pathway for skilled workers to work and live in Australia. It is natural transitional pathway for most 457 visa holders to gain permanent residence though can also be applied directly either on-shore or off-shore.
There are two steps to the ENS visa, one, approved nomination by an approved Australian employer and two, visa application by the skilled worker.
There are three streams under which applicants can lodge their nomination and visa application through the ENS pathway.
- Temporary Residence Transition Stream
- Direct Entry Stream
- Agreement Stream
ENS consists of 2 distinct stages:
- Stage 1 – Nomination by an employer; and
- Stage 2 – Nominee’s application for a visa
The major occupational groups in this range are:
- Managers and Administrators
- Associate Professionals
- Tradespersons and related workers
Nomination by an Employer
To nominate a position under the Employer Nomination Scheme the employer must:
- Be actively and lawfully operating in Australia
- Have a genuine need for a paid employee to fill a position in the employer’s business
- Have a satisfactory record of compliance with immigration law and workplace relations law
- Have a commitment to training existing Australian employees
The position in the employer’s business must:
- Be full-time and available for at least 2 years
- Be in accordance with the standards for working conditions provided under Australian industrial laws
- Correspond to an occupation on the CSOL
- Attract a base salary that is in line with the market rate for the occupation
The Consolidated Sponsored Occupations List (CSOL) is a list of skilled occupations, detailed on a government Gazette Notice, in which Australian employers may nominate overseas workers for permanent residence in Australia.
- have been nominated by an approved Australian employer within the six months before you apply
- are under the age of 50 at the time of application, unless you are exempt
- have the required skills and qualifications for the position (at time of application lodgement you must have the required skills and qualifications for the position you have been nominated for – you must hold any mandatory registration, license or professional membership, or you must already be fully assessed as suitable by the relevant body);
- have the required skills and qualifications for the position;
- have appropriate English language skills, unless you are exempt;
- meet health and character requirements;
- meet the requirements of the stream in which you apply for the visa.