1. What is the Employer Nomination Scheme (ENS) subclass 186 visa in Australia?

The Employer Nomination Scheme (ENS) subclass 186 visa is a permanent residence visa that allows Australian employers to sponsor skilled workers from overseas to work in Australia. This visa is designed to address labor shortages in specific industries and regions, allowing employers to fill positions with qualified foreign workers. In order to be eligible for the ENS visa, the applicant must have a job offer from an Australian employer who is willing to sponsor them for permanent residency. The visa has three streams: the Temporary Residence Transition stream, the Direct Entry stream, and the Agreement stream. Each stream has specific requirements that the applicant must meet in order to be granted the visa. Overall, the ENS subclass 186 visa provides a pathway for skilled workers to live and work in Australia permanently, making it an attractive option for both employers and employees.

2. Who is eligible to apply for the ENS subclass 186 visa?

Eligibility criteria for the Australia Employer Nomination Scheme (ENS) subclass 186 visa are primarily based on the applicant’s occupation and the employer’s need for the particular skill set. To be eligible to apply for the ENS subclass 186 visa, individuals must:

1. Be nominated by an approved Australian employer who is willing to sponsor them for a position in their business,
2. Have the required skills and qualifications for the nominated position,
3. Meet the English language proficiency requirements, which may vary based on the stream of the visa being applied for,
4. Meet the health and character requirements as specified by the Australian Department of Home Affairs.

Additionally, applicants must be under the age of 45 at the time of application unless exempted based on certain criteria. It is crucial to carefully assess the eligibility criteria and provide all necessary documentation to support the application for the ENS subclass 186 visa.

3. What are the key requirements for employers sponsoring employees under the ENS 186 visa?

Employers seeking to sponsor employees under the Australia Employer Nomination Scheme (ENS) 186 visa must fulfill several key requirements:

1. Approval as a Standard Business Sponsor: Employers must be approved as a Standard Business Sponsor by the Australian government.

2. Genuine Need: Employers must demonstrate a genuine need for the nominated position within their organization.

3. Market Salary Rate: The salary offered to the nominated employee must be at least equal to the market salary rate for the position in Australia.

4. Full-time Position: The nominated position must be full-time and ongoing for a minimum of two years.

5. Skills and Qualifications: The nominated employee must possess the necessary skills and qualifications to perform the duties of the position.

6. English Language Proficiency: The employee must meet the English language proficiency requirements unless exempted based on nationality or previous study in English-speaking countries.

7. Age: The nominated employee must be under 45 years of age, unless exempted based on exceptional circumstances.

8. Health and Character: Both the employer and employee must meet health and character requirements as specified by the Department of Home Affairs.

By ensuring compliance with these key requirements, employers can successfully sponsor employees under the ENS 186 visa and support their workforce needs.

4. What is the difference between the Temporary Residence Transition and Direct Entry streams for the ENS subclass 186 visa?

The main difference between the Temporary Residence Transition (TRT) stream and the Direct Entry stream for the Employer Nomination Scheme (ENS) subclass 186 visa lies in the eligibility requirements and process.

1. Temporary Residence Transition (TRT) stream:
– This stream is for subclass 457 visa holders who have worked for their sponsoring employer for at least two years in the same occupation that is nominating them for the ENS 186 visa.
– Applicants under this stream are not required to undergo a skills assessment as they have already been working for their employer in Australia.
– The TRT stream generally has a faster processing time compared to the Direct Entry stream since the applicant has already been employed in Australia.

2. Direct Entry stream:
– This stream is for individuals who have been nominated by their employer for an ENS 186 visa but have not worked on a subclass 457 visa for the employer for at least two years.
– Applicants under this stream are required to undergo a skills assessment by the relevant assessing authority for their nominated occupation.
– The Direct Entry stream may take longer processing time as the applicant needs to satisfy additional requirements such as the skills assessment.

In summary, the TRT stream is for individuals who are already working for their employer in Australia on a subclass 457 visa, while the Direct Entry stream is for those who have not worked on a subclass 457 visa but have been nominated by their employer for the ENS 186 visa.

5. How long does the application process for the ENS subclass 186 visa typically take?

The application process for the Employer Nomination Scheme (ENS) subclass 186 visa in Australia typically takes between 5 to 12 months to be completed. This timeframe can vary depending on various factors such as the complexity of the case, the responsiveness of the applicant and employer, and any additional requests for information from the Department of Home Affairs. It is essential for applicants and employers to ensure that all documentation is complete and accurate to avoid delays in the processing of the visa application. Working with a qualified migration agent or lawyer can also help streamline the process and ensure that all requirements are met in a timely manner.

6. Can applicants include family members in their ENS subclass 186 visa application?

Yes, applicants can include certain family members in their ENS subclass 186 visa application.

1. Spouse or de facto partner: The primary applicant can include their spouse or de facto partner in the visa application.
2. Dependent children: Applicants can also include their dependent children in the visa application if they meet the requirements for being considered dependent.

It’s important to note that family members included in the application must meet health and character requirements. Additionally, family members included in the application will also need to provide supporting documentation to demonstrate their relationship to the primary applicant. It is recommended to seek advice from a migration agent or legal professional when including family members in the ENS subclass 186 visa application to ensure compliance with all requirements.

7. Are there any English language proficiency requirements for the ENS subclass 186 visa?

Yes, there are English language proficiency requirements for the Employer Nomination Scheme (ENS) subclass 186 visa in Australia. Individuals applying for this visa pathway must meet minimum English language proficiency standards unless they are exempt due to exceptional circumstances. The most common way to demonstrate English language proficiency is by providing evidence of achieving the required scores in a specified English language test such as the International English Language Testing System (IELTS), Pearson Test of English (PTE) Academic, Cambridge English: Advanced (CAE) test, or Occupational English Test (OET). The minimum English language requirements can vary depending on the specific stream of the ENS 186 visa and the occupation being nominated for, so it is important for applicants to check the Department of Home Affairs website or consult with a migration agent to ensure they meet the necessary standards.

8. What are the obligations for employers and employees under the ENS subclass 186 visa?

Employers under the Employer Nomination Scheme (ENS) subclass 186 visa have several obligations to adhere to:

1. Nomination Obligations: Employers must nominate a skilled position that aligns with the visa applicant’s skills and experience.
2. Market Salary Rate: Employers are required to pay the visa holder a market salary rate equivalent to or higher than an Australian citizen or permanent resident in the same role.
3. Terms and Conditions: Employers must provide terms and conditions of employment that are no less favorable than those provided to Australian employees.
4. Training Requirement: Employers need to fulfill training benchmarks to demonstrate their commitment to training Australian employees.

Employees also have specific obligations under the ENS subclass 186 visa:

1. Work Obligations: Visa holders must work in the nominated position for the sponsoring employer unless they receive approval to change employers.
2. Notify Changes: Employees must inform the Department of Home Affairs of any changes in employment circumstances, such as changes in position or employer.
3. Abide by Laws: Visa holders must comply with Australian laws and work within the conditions of their visa, including any work limitations or restrictions.

Both employers and employees must ensure they meet these obligations to maintain compliance with the requirements of the ENS subclass 186 visa. Failure to adhere to these obligations can result in visa cancellation or other penalties.

9. Can applicants apply for permanent residency through the ENS subclass 186 visa?

Yes, applicants can apply for permanent residency through the Employer Nomination Scheme (ENS) subclass 186 visa. This visa is designed to facilitate skilled workers to live and work in Australia permanently. To be eligible for permanent residency through the ENS subclass 186 visa, applicants must be nominated by an approved Australian employer to work in a nominated occupation on a full-time basis. They also need to meet the requirements set by the Department of Home Affairs, including having the necessary skills and qualifications for their nominated occupation. Upon meeting all the criteria and requirements, successful applicants will be granted permanent residency in Australia.

10. What are the health and character requirements for the ENS subclass 186 visa?

1. Health requirements for the Employer Nomination Scheme (ENS) subclass 186 visa require the visa applicant to undergo a health examination to ensure they do not have a medical condition that could pose a threat to public health in Australia, cause significant healthcare costs, or result in a significant level of care being required. This examination typically includes a medical assessment, chest x-ray, and possibly other tests depending on individual circumstances. If a person fails to meet the health requirements, their visa application may be refused.

2. Character requirements for the ENS subclass 186 visa involve the applicant demonstrating good character. This includes providing police clearance certificates from all countries where they have lived for 12 months or more in the past 10 years since turning 16 years old. The Department of Home Affairs conducts character assessments based on these certificates and any other relevant information. Applicants with a substantial criminal record or those who have been associated with criminal conduct, organized crime, or human rights violations may not meet the character requirements and could have their visa application refused. It is essential for applicants to be honest and transparent when disclosing information relating to their character for visa processing.

11. Can an applicant apply for the ENS subclass 186 visa while onshore in Australia?

Yes, an applicant can apply for the Employer Nomination Scheme (ENS) subclass 186 visa while onshore in Australia. This visa allows skilled workers nominated by their employer to live and work in Australia permanently. To be eligible to apply for the ENS 186 visa while onshore, the applicant must currently hold a valid visa that allows onshore applications and meet all the necessary criteria for the visa, including requirements related to their occupation, skills, and employer sponsorship.

If the applicant meets all the eligibility criteria and their employer is willing to nominate them for permanent residence, they can submit their visa application while they are in Australia. It is important for applicants to ensure that all documents and information required for the application are complete and accurate to increase the chances of a successful outcome.

Overall, applying for the ENS subclass 186 visa while onshore in Australia is a viable option for skilled workers looking to settle in the country permanently through employer sponsorship.

12. What are the minimum salary requirements for employees under the ENS subclass 186 visa?

1. The minimum salary requirements for employees under the Employer Nomination Scheme (ENS) subclass 186 visa are determined by the Australian government and are subject to change periodically. As of September 2021, the minimum salary threshold for the ENS visa holders is set at the Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT is currently AUD $53,900 annually. Employers sponsoring skilled workers under the ENS visa category are required to pay their employees at least the TSMIT to ensure that they are not exploited and are paid fairly for their work in Australia.

2. Additionally, employers must provide wages that are in line with the market rate for the position being filled by the ENS visa holder. This helps to prevent underpayment and ensures that foreign workers are not being paid less than their Australian counterparts for the same role. It is important for employers to comply with these salary requirements to maintain their sponsorship obligations and to ensure that their nominated employees are eligible for the ENS visa. Failure to meet the minimum salary requirements can result in visa cancellation and penalties for the employer.

13. Are there any exemptions or waivers available for certain requirements of the ENS subclass 186 visa?

Yes, there are exemptions and waivers available for certain requirements of the Employer Nomination Scheme (ENS) subclass 186 visa in Australia. Some of the common exemptions and waivers include:

1. Age requirement waiver: In certain circumstances, applicants over the age of 45 may be exempt from the age requirement if their occupation is on the Medium and Long-Term Strategic Skills List (MLTSSL) or their salary is above a certain threshold.

2. English language requirement waiver: Applicants may be exempt from meeting the English language requirement if they hold a passport from the United Kingdom, the United States, Canada, New Zealand, or Ireland, or if they have completed at least five years of full-time study in English in a secondary or higher education institution.

3. Skills assessment exemption: Some applicants may be exempt from the requirement to obtain a skills assessment if their occupation is on the exempt list provided by the Department of Home Affairs.

4. Temporary Residence Transition stream waiver: Some applicants applying under the Temporary Residence Transition stream may be exempt from certain requirements if they have held a subclass 457 visa for a certain period and meet other specified criteria.

It is important to carefully review the specific criteria for each exemption or waiver to determine eligibility before applying for the ENS subclass 186 visa in Australia.

14. Can applicants apply for the ENS subclass 186 visa if they have held a Temporary Skill Shortage (TSS) visa in the past?

Yes, individuals who have held a Temporary Skill Shortage (TSS) visa in the past are eligible to apply for the Employer Nomination Scheme (ENS) subclass 186 visa. However, there are certain conditions that need to be met for a successful application:

1. The applicant must have worked for their nominating employer on their TSS visa in the nominated position for at least 3 years.
2. The nominee must have been nominated by an employer in a Regional Area of Australia or by an overseas employer requesting to sponsor the nominee for a position in regional Australia.
3. The nominee must meet the eligibility requirements for the ENS visa, including age, skills, English language proficiency, and health and character requirements.

Overall, individuals who have previously held a TSS visa can transition to the ENS subclass 186 visa as long as they meet all the necessary criteria and conditions specified by the Australian Department of Home Affairs.

15. What are the steps involved in the ENS subclass 186 visa application process?

The Australia Employer Nomination Scheme (ENS) subclass 186 visa application process involves several key steps:

1. Employer Nomination: The first step is for the employer to nominate the position they wish to fill with a skilled worker through the ENS program.

2. Skill Assessment: The nominated position must align with the applicant’s skills and qualifications. The applicant will need to undergo a skills assessment to ensure they meet the requirements for the position.

3. Lodging the Visa Application: Once the nomination and skill assessment are completed, the applicant can lodge their visa application through the Department of Home Affairs.

4. Health and Character Checks: Applicants will need to undergo health and character checks to ensure they meet the requirements set by the Australian government.

5. Decision on the Visa Application: The Department of Home Affairs will assess the visa application, taking into consideration the nomination, skill assessment, and other supporting documents provided by the applicant.

6. Visa Grant: If the application is successful, the applicant will be issued a subclass 186 visa, which allows them to live and work in Australia permanently.

It is essential for both the employer and the applicant to carefully follow each step of the process to ensure a successful ENS subclass 186 visa application.

16. Is it possible to lodge an appeal if an ENS subclass 186 visa application is refused?

Yes, if an Employer Nomination Scheme (ENS) subclass 186 visa application is refused, it is possible to lodge an appeal under certain circumstances. Here are some key points to consider when it comes to appealing a refusal of an ENS 186 visa application:

1. Reviewing the decision: It is important to carefully review the reasons for the refusal provided by the Department of Home Affairs. Understanding the grounds on which the visa application was rejected can help in preparing a strong case for the appeal.

2. Timeframe for lodging an appeal: There is a specific timeframe within which an appeal must be lodged after receiving the refusal decision. This timeframe is crucial to adhere to in order to have the appeal considered.

3. Grounds for appeal: Valid grounds for an appeal may include errors made by the Department of Home Affairs in assessing the visa application, new information or evidence that was not previously considered, or procedural fairness issues in the decision-making process.

4. Lodging the appeal: The appeal process typically involves submitting a request for review to the Administrative Appeals Tribunal (AAT). The AAT will independently review the decision and either affirm, vary, or set aside the original decision.

5. Legal representation: Seeking the assistance of a migration agent or immigration lawyer who is experienced in visa appeals can be beneficial in navigating the appeal process and presenting a compelling case to the AAT.

In conclusion, while it is possible to appeal a refusal of an ENS subclass 186 visa application, it is important to carefully assess the grounds for appeal and follow the proper procedures to increase the chances of a successful outcome.

17. Are there any regional or industry-specific variations in the ENS subclass 186 visa requirements?

Yes, there are regional variations in the Employer Nomination Scheme (ENS) subclass 186 visa requirements in Australia. The Regional Employer Nomination Scheme (RSMS) 187 visa is specifically designed for employers in regional areas to address skill shortages. This visa pathway has similar requirements to the ENS subclass 186 visa but with additional conditions to ensure that the position is located in a regional area.

In terms of industry-specific variations, the eligibility criteria for the ENS subclass 186 visa may be tailored to suit the specific skill needs of certain industries. For example, certain industries facing acute shortages of skilled workers may have more flexible requirements or streamlined pathways for employers to nominate foreign workers under the ENS scheme. Additionally, different industries may have specific labour market testing requirements or criteria related to the level of skill and experience needed for a particular occupation.

Overall, while the basic framework of the ENS subclass 186 visa remains consistent across Australia, regional and industry-specific variations do exist to cater to the diverse needs of employers and address skill shortages in specific regions or sectors.

18. How does the ENS subclass 186 visa compare to other skilled migration pathways in Australia?

The Employer Nomination Scheme (ENS) subclass 186 visa in Australia is a permanent residency visa that allows skilled workers to live and work in Australia. When comparing the ENS 186 visa to other skilled migration pathways in Australia, several key differences stand out:

1. Employer Sponsorship: The ENS 186 visa requires sponsorship from an Australian employer, who must demonstrate a genuine need for the skilled worker’s position. This sets it apart from other skilled migration pathways, such as the Skilled Independent visa, where sponsorship is not required.

2. Job Requirements: With the ENS 186 visa, applicants must meet specific job requirements related to their occupation and skill level, as determined by the Australian government. This differs from other skilled migration pathways, which may have more flexible requirements based on the applicant’s qualifications and experience.

3. Permanent Residency: One of the primary benefits of the ENS 186 visa is that it leads to permanent residency in Australia, allowing visa holders to live and work in the country indefinitely. In contrast, some other skilled migration pathways may only offer temporary residency options.

4. Regional Options: While the ENS 186 visa is not specifically tied to regional areas in Australia, there are regional sponsorship opportunities available under the Regional Sponsored Migration Scheme (RSMS) subclass 187 visa. This can provide additional pathways for skilled workers looking to live and work in regional areas.

Overall, the ENS subclass 186 visa offers a unique pathway to permanent residency in Australia for skilled workers who have the support of an Australian employer. Its focus on employer sponsorship and job requirements distinguishes it from other skilled migration pathways in the country, providing a valuable option for those seeking long-term opportunities in Australia.

19. Can employers nominate multiple employees under the ENS subclass 186 visa?

Yes, employers can nominate multiple employees under the Employer Nomination Scheme (ENS) Subclass 186 visa. This visa allows Australian employers to sponsor skilled workers to live and work in Australia permanently. Employers can nominate several employees for the ENS 186 visa provided they meet the requirements set by the Department of Home Affairs. Each nomination will be assessed individually, and the employer must ensure that the position offered meets the criteria for the visa subclass. It’s essential for employers to adhere to the rules and regulations of the ENS program when nominating multiple employees to ensure a smooth and successful visa application process for all candidates.

20. Are there any recent changes or updates to the ENS subclass 186 visa program that applicants should be aware of?

Yes, there have been recent changes and updates to the Employer Nomination Scheme (ENS) subclass 186 visa program that applicants should be aware of:

1. Temporary Skill Shortage (TSS) visa: The Australian government introduced the TSS visa in March 2018, which has replaced the Temporary Work (Skilled) visa subclass 457. This affects the pathway to permanent residency for many skilled workers in Australia, including those applying for the ENS subclass 186 visa.

2. Occupation lists: The occupation lists for the ENS visa program have undergone changes, with some occupations being added or removed. It is essential for applicants to check the latest updates to ensure their occupation is still eligible for the ENS visa.

3. Regional ENS visa: The Australian government has also introduced a regional stream for the ENS subclass 186 visa, which is designed to encourage skilled workers to live and work in regional areas of Australia. This stream may have specific requirements and benefits that applicants should be aware of.

4. English language proficiency: There have been updates to the English language proficiency requirements for the ENS visa program. Applicants must meet the minimum English language competency level to be eligible for the visa.

5. Employer obligations: Employers sponsoring applicants for the ENS visa program have specific obligations and requirements they must meet. It is crucial for both the employer and the applicant to be aware of these obligations to ensure a successful visa application.

Overall, it is essential for ENS subclass 186 visa applicants to stay informed about any changes or updates to the program to ensure a smooth and successful visa application process.