What is the ENS visa? The Employer Nomination Scheme visa is a type of skilled visa for individuals who have been nominated by an Australian employer to work in Australia permanently. It allows skilled workers from overseas to work in Australia and become permanent residents. The Employer Nomination Scheme visa has three streams which are the:
- Temporary Residence Transition (TRT) stream: The TRT stream is for temporary visa holders who have worked for their employer for at least three years in the same occupation and are being offered a permanent position.
- Direct Entry (DE) stream: The DE stream is for skilled workers who have not worked in Australia before or have only worked in Australia for a short period.
- Agreement Stream: This stream is for skilled workers who are nominated by an employer who has a labour agreement with the Department of Home Affairs (DHA). Under this stream, the employer may nominate skilled workers who are eligible for permanent residence but are not eligible for the TRT or DE stream.
Australia has for long been a popular destination for skilled workers from around the world. This is because Australia has a strong economy, a high standard of living, and a diverse cultural landscape. Do you want to make a permanent move and work in Australia? Read this article to know how the ENS visa offers a pathway to secure employment and residency in the country.
Nomination Applications
An approved Australian employer must make the nomination application for a 186 visa applicant. The employer must nominate the position they wish to sponsor and demonstrate a genuine need for it. This ensures that the position complies with ENS visa requirements. After approval of the nomination application, the skilled worker can then apply for the visa. The employer will also need to:
- Demonstrate a genuine need for the position
- Show dedication to training opportunities
- Offer a salary that complies with the market rate and Fair Work Australia regulations
- Provide equivalent terms and conditions of employment as for an Australian citizen or permanent resident.
Eligibility Requirements of the ENS Visa Applicant
Meeting eligibility requirements is crucial to obtain a 186 visa and work in Australia. Requirements guarantee that the skilled worker is capable of working in the nominated occupation. It ensures integration into the Australian community and compliance with laws and regulations. Failing to meet criteria may result in visa refusal. To be eligible for a 186 visa, applicants must:
- Receive a nomination from an approved Australian employer for an eligible occupation (eligible occupations can be found here: Skilled Occupation List)
- Be under 45 years of age
- Possess relevant qualifications and positive skills assessment
- Have sufficient English language proficiency, as required for their stream
- Hold any necessary registrations or licences
- Have good health and character requirements
- Satisfy any more relevant criteria
Note: ENS visa applicants who wish to travel after five years will need a resident return visa so they can re-enter Australia as a permanent resident. Click here to read our article about the resident return visa.
Direct Entry Stream Requirements
| Experience | The ENS visa applicant must have at least 3 years of relevant work experience |
| English | The applicant must have competent English. However, they may be exempted from this requirement if they are a passport holder from Canada, Ireland, the UK, the USA, or NZ. If not, the applicant must meet the following scores: – IELTS: At least 6 for each of the 4 components; – TOEFL iBT: At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking; – PTE Academic: At least 50 for each of the 4 components; – OET: At least B for each of the 4 components; – Cambridge: At least 169 in each of the 4 components. |
| Age | The applicant must be under 45 years of age when they apply. They may also be exempted from this criteria if they are: – Nominated as an academic by an Australian University; – Nominated by a Scientific Government Agency as a scientist, researcher, or technical specialist; – Holding a New Zealand Subclass 444 or 461 visa and have been working for their nominated employer for two years. |
| Health and Character | – Police (for example, the Australian Federal Police can conduct police checks); and – Medical checks |
| Nomination | An Australian employer must nominate an ENS visa applicant and they must apply for the 186 visa within 6 months of the nomination being approved. This is the case if the visa and nomination applications were not lodged at the same time. The visa will not be granted if: – The nomination is withdrawn; and – The DHA does not link new nominations to existing visa applications. |
Temporary Residence Transition Stream Requirements
| Current Visa | The ENS visa applicant must be holding either a 457 visa or 482 visa |
| Experience | – The applicant must have been working full time for their employer for at least 3 years on their subclass 45 visa or subclass 482 visa; – The applicant must have been working for their employer for at least 2 years if they held (or had applied for) a subclass 457 visa on 18 April 2017 |
| English | The applicant must have competent English. However, they may be exempted from this requirement if they are a passport holder from Canada, Ireland, the UK, the USA, or NZ. If not, the applicant must meet the same English scores as the DE stream (please refer to the table above) |
| Age | The applicant must be under 45 years of age when they apply. They may also be exempted from this nomination if they: – Held (or had applied for) a subclass 457 visa on 18 April 2017 (apply up to 50 years of age); – Were nominated as an academic, scientist, researcher, or technical specialist; – Are a medical practitioner who has worked in their position for at least 3 years as a 457 or 482 visa holder, and 2 of those years were in a regional area; – Worked for their employer for 3 years on a 457 or 482 visa |
| Health and Character | Police checks, and medical checks |
| Nomination | The ENS visa applicant must: – Be nominated by an Australian employer – Apply for the 186 visa within 6 months of the nomination being approved (if not lodged at the same time). The visa will not be granted if the nomination is withdrawn. New nominations are not linked to existing visa applications. |
Labour Agreement Stream Requirements
The Labour Agreement Stream for 186 applicants is a pathway for skilled workers who have a nomination from an employer (who in turn has a labour agreement with the DHA). The employer will then nominate a skilled worker for the 186 visa under the LA stream. However, this stream is more flexible than the other two streams within the 186 visa, as you can see from the table below:
| Your occupation is not on the Medium to Long Term Skills Shortage List (MLTSSL) | In this case, employees are not eligible for DE/TRT and can instead opt for the LA stream. |
| You are over 45 years old | The LA Stream is the best option to achieve permanent residence if the ENS visa applicant is over 45 years old. |
| You do not have competent English | If you cannot achieve competent English, the LA Stream is a good option. Employers can negotiate to drop the English language requirement below the competent English level. |
Negotiating a Labour Agreement grants permanent residency to some employees under the LA Stream. Additionally, employers can get the DHA’s approval to sponsor those aged over 45. Regardless of the type of stream that an applicant may use, it’s important to seek legal advice from an immigration lawyer.
Our Immigration Lawyers
It is always advisable for visa applicants to seek legal advice on the type of visa stream that is most suitable for their circumstances. Immigration laws and regulations can be complex and subject to change. That’s why our experienced immigration lawyers at JB Solicitors can:
- Provide valuable guidance and support throughout the visa application process;
- Help identify potential issues or challenges that may arise; and
- Suggest strategies to increase the likelihood of a successful permanent visa grant application.
Contact us today if you need help with your ENS visa application.
