The Employer Nomination Scheme (ENS) visa, also known as the Subclass 186 visa, is a pathway to permanent residency in Australia for skilled workers. This visa allows Australian employers to sponsor skilled foreign workers for permanent positions when they cannot find suitably qualified Australians. The ENS is divided into three streams: Temporary Residence Transition (TRT), Direct Entry (DE), and Labour Agreement. Each stream caters to different applicants, making it a flexible option for skilled workers looking to settle in Australia permanently.
This guide will cover the key aspects of the 186 visa, including eligibility requirements, application process, benefits, and potential challenges.
What is the Employer Nomination Scheme (Subclass 186)
The Employer Nomination Scheme (Subclass 186) is a permanent residency visa for skilled workers. The main goal of the 186 visa is to fill skills shortages in Australia by allowing employers to sponsor qualified workers from overseas. The visa is designed to attract workers who possess the skills and experience that are in demand in Australia but are not readily available within the local labor market.
Workers who receive this visa can live and work in Australia permanently. It also offers access to public healthcare and other social services, such as education and welfare benefits.
The Three Streams of the Subclass 186 Visa
There are three primary streams within the Employer Nomination Scheme (Subclass 186):
Temporary Residence Transition (TRT) Stream
Direct Entry (DE) Stream
Labour Agreement Stream
1. Temporary Residence Transition (TRT) Stream
The Temporary Residence Transition stream is for workers who are currently holding a Temporary Skill Shortage (TSS) visa (Subclass 482) or a 457 visa and have worked for their sponsoring employer for at least three years. This stream allows employers to nominate their existing employees for permanent residency.
To be eligible for the TRT stream, the worker must:
Have worked in the same position with the sponsoring employer for three years.
Meet the English language requirements (usually an IELTS score of 6.0 or equivalent).
Be under 45 years of age (with some exemptions).
Fulfill any health and character requirements.
This stream is designed to help employers retain skilled workers who have already been contributing to the Australian workforce.
2. Direct Entry (DE) Stream
The Direct Entry stream is for applicants who are applying directly for permanent residency without prior employment in Australia. This stream is suitable for skilled workers who:
Have never worked in Australia.
Have worked in Australia for less than three years.
Have been nominated by an Australian employer.
To qualify for the Direct Entry stream, the applicant must:
Be under 45 years of age (with some exemptions).
Have a skills assessment from the relevant assessing authority for their occupation.
Meet the required English language proficiency (IELTS score of 6.0 or equivalent).
Have at least three years of relevant work experience in their nominated occupation.
Fulfill the health and character requirements.
3. Labour Agreement Stream
The Labour Agreement stream is for workers nominated by an employer through a labor agreement that has been negotiated between the employer and the Australian government. This stream is typically used in industries that experience severe labor shortages or require specialized skills.
The eligibility criteria for the Labour Agreement stream vary based on the specific agreement. However, like the other streams, applicants must meet the age, language, health, and character requirements.
Eligibility Requirements for the 186 Visa
Regardless of the stream, all applicants must meet the following basic eligibility criteria:
Nomination: Applicants must be nominated by an Australian employer before they can apply for the visa.
Age: Applicants must generally be under 45 years old at the time of application. However, there are exemptions for certain workers, such as academic staff or individuals earning above a high-income threshold.
English Language Proficiency: Applicants must have competent English, typically demonstrated through an IELTS score of at least 6.0 in each component (or an equivalent score in other accepted English tests).
Skills Assessment: For most streams, applicants must undergo a skills assessment by a relevant assessing authority to demonstrate that they are qualified in their nominated occupation.
Health and Character: All applicants must meet Australia’s health and character requirements. This usually involves undergoing a medical examination and providing police clearance certificates.
Application Process
The application process for the Employer Nomination Scheme (Subclass 186) follows several key steps:
Step 1: Employer Nomination
The first step is for the employer to lodge a nomination application on behalf of the applicant. The employer must prove that the nominated position is genuine and that they were unable to fill it with an Australian citizen or permanent resident. The occupation must also be listed on the relevant Skilled Occupation List (SOL).
Step 2: Submit Visa Application
Once the employer nomination is approved, the applicant can submit their visa application. The application is lodged online, and the applicant must provide all necessary documentation, including:
Proof of identity (passport, birth certificate).
Skills assessment.
Proof of work experience.
English language test results.
Health and character documents.
Step 3: Wait for a Decision
After submitting the visa application, the Department of Home Affairs will process it. The processing times vary depending on the stream and the complexity of the application. It can take anywhere from 6 to 12 months or longer for a decision to be made.
See also: What Are The EB-1B Visa Criteria: A Comprehensive Guide
Benefits of the 186 Visa
Holding a Subclass 186 visa comes with numerous benefits:
Permanent Residency: The visa grants the holder and their family members the right to live in Australia permanently.
Work and Study Rights: Visa holders can work and study anywhere in Australia without restrictions.
Social Services: 186 visa holders have access to public healthcare through Medicare and can access social services such as education and welfare benefits.
Citizenship Pathway: After holding permanent residency for a certain period, 186 visa holders may be eligible to apply for Australian citizenship.
Family Sponsorship: Visa holders can sponsor eligible family members for permanent residency in Australia.
Potential Challenges
While the 186 visa offers numerous advantages, there are some challenges applicants may face:
Strict Eligibility Criteria: Meeting the age, skills, and English language requirements can be difficult for some applicants. In particular, those who are older than 45 may find it challenging to qualify without exemptions.
Complex Application Process: The application process for the 186 visa can be lengthy and complex. Gathering the required documents, such as skills assessments and police certificates, can take time.
Long Processing Times: Visa processing times can range from several months to over a year, depending on the stream and individual circumstances.
Conclusion
The Employer Nomination Scheme (Subclass 186) provides an excellent pathway to permanent residency in Australia for skilled workers. With three different streams to suit varying circumstances, the visa caters to workers who already have Australian work experience, as well as those who are applying directly from overseas. Despite the complex process and strict requirements, the benefits of the 186 visa—such as permanent residency, work rights, and access to social services—make it a highly desirable option for individuals looking to build a future in Australia.
Employers and applicants alike should carefully review the eligibility criteria and seek professional advice if needed to ensure a smooth and successful application.
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