Employer Nomination Scheme

The Australian government offer a range of Employer Nominated visa options which enable Australian employers to fill skills shortages with skilled workers from overseas. These include the Temporary Skills Shortage (TSS) subclass 482, Employer Nomination Scheme (ENS) subclass 186 visa, and the Skilled Employer-Sponsored Regional (SESR) subclass 494 visas.

The Employer Nomination Scheme (ENS) allows employers to sponsor foreign workers for permanent residence to fill genuine vacancies in their business.

The ENS program comprises a single visa (Subclass 186) where applicants may qualify under three streams:

  • Temporary Residence Transition (TRT) Stream
  • Direct Entry (DE) Stream
  • Labour Agreement (LA) stream

Temporary Residence Transition Stream

The Temporary Residence Transition Stream (TRT) stream is for:

  • subclass 457 visa holders who have worked for their employer for at least the last two years out of three and are being nominated for a permanent residence with their sponsoring employer.
  • subclass 482 (TSS) visa holders who have worked for their employer at least three out of four years and the employer wants to offer them a permanent position in that same occupation.

Employer

The sponsoring business must:

  • still be actively and lawfully operating in Australia.
  • genuinely need you to work in the nominated position under its direct control.
  • demonstrate a genuine need for your position.
  • have the capacity to employ you in the nominated position for at least two years.

Position

The position to be filled must:

  • be full-time and available for at least 2 years from the time your visa is granted.
  • be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL).
  • have a salary that is at least $53,900 per year (excluding any non-monetary benefits) and equal to (or greater than) the annual market salary rate for your nominated occupation.
  • be subject to conditions of employment that are no worse than those that apply, or would apply. to Australian citizens or permanent residents performing equivalent work in the same location.

Visa Applicant

You must have held one of the following visas to work on a full-time basis in the nominated position or a closely related position for the nominating employer in Australia for at least three years in the last four years:

  • subclass 457 Temporary Work (Skilled) visa.
  • subclass 482 Temporary Skill Shortage (TSS) visa in the medium-term stream.

If on 18 April 2017 you held (or had applied for and were subsequently granted) a subclass 457 visa, then you only need to have worked on a full-time basis in the nominated or closely related position for the nominating employer for at least two years in the last three years.

As the visa applicant, you must:

  • demonstrate competent English.
  • be genuinely performing the tasks of your nominated occupation.
  • be under 45 years of age.
  • satisfy the health and character requirements.

Direct Entry Stream

The Direct Entry (DE) stream is for visa applicants who are applying for a Subclass 186 visa from outside Australia or are applying from within Australia but do not qualify under the Temporary Residence Transition Stream.

Employer

The sponsoring business must:

  • be actively and lawfully operating in Australia.
  • genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years.

The position to be filled must:

  • be full-time and available for at least 2 years from the time your visa is granted.
  • be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL).
  • have a salary that is at least $53,900 per year (excluding any non-monetary benefits) and is equal to (or greater than) the annual market salary rate for the nominated occupation.
  • be subject to conditions of employment that are no worse than those that apply, or would apply, to Australians performing equivalent work in the same location.

Visa Applicant

As the visa applicant, you must:

  • demonstrate competent English.
  • have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority.
  • have at least three years of full-time experience in your nominated occupation.
  • be under 45 years of age.
  • meet any mandatory licensing, registration or professional membership requirements.
  • satisfy the relevant health and character criteria.

Labour Agreement Stream

The LA Stream is for visa applicants who are sponsored by an employer under a Labour Agreement.

Employer

The sponsoring business must:

  • still be actively and lawfully operating in Australia.
  • be party to a Labour Agreement in effect with the Commonwealth of Australia.
  • genuinely need you to work in the nominated position under its direct control.
  • have the capacity to employ you in the nominated position for at least two years
  • demonstrate compliance with Australian immigration and workplace relations law.

The position to be filled must:

  • be full-time and available for at least 2 years from the time your visa is granted
  • be an occupation included on your current employer’s Labour Agreement
  • have a salary that is:
  • at least $53,900 per year (excluding any non-monetary benefits), unless a concession is provided in the Labour Agreement.
  • attract a salary that is at least equal to the annual market salary rate for your nominated occupation.
  • be subject to conditions of employment that are no worse than those that apply, or would apply, to Australians performing equivalent work in the same location.

Visa Applicant

As the visa applicant, you must –

  • have held a Subclass 457/482 visa under your employers Labour Agreement, to work on a full-time basis in the nominated position for the length of time stated in the Labour Agreement.
  • have competent English (unless a concession applies).
  • be under 45 years of age (unless a concession applies).
  • be genuinely performing the tasks of your nominated occupation and have worked in the occupation for at least 3 years.
  • meet any mandatory licensing, registration or professional membership requirements.
  • satisfy the relevant health and character criteria

Immigration Advice

Please book an appointment to discuss your Subclass 186 (ENS) visa application with a Registered Migration Agent.