Employer Nomination Scheme (Subclass 186)
by tfa_admin on 26 May 19
The Employer Nomination Scheme (ENS) allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia. The is a permanent residency visa.
The employee can be either a highly skilled worker from overseas or a highly skilled temporary resident currently in Australia.
Who is eligible for the Employer Nomination Scheme?
The ENS visa comes in two streams, Direct Entry or Transition.
For a Direct Entry application you need to have a skills assessment relevant for your occupation and three (3) years work experience. You will also need to show you have the required English language levels through an English test (or you are exempt if you hold a passport from the UK, Ireland, USA, Canada or NZ).
For a Transition Scheme application you need to show that you have been on a 457 / 482 visa with you sponsoring employer for a three year period. If you were on a 457 (or had applied for a 457) on 18 April 2017 then special arrangements may be available allowing you to apply with only two years work experience. You must still prove the necessary English language levels but you do not need to have a skills assessment under the transition scheme. Your occupation does not need to be on the list of eligible occupations.
Please also be aware that the Skills Australia Fund Levy is now also applied to all applications.
Employer & Position Requirements for the Employer Nomination Scheme
To participate in the Employer Nomination Scheme, the employer must:
be actively and lawfully operating a business in Australia
have a genuine need for a paid employee to fill a position in their business
follow all relevant Australian laws and have a satisfactory record of meeting immigration laws (if applicable)
provide the employee with an offer of employment.
The nominated position must meet the following requirements:
be full-time, ongoing and available for at least 2 years
provide working conditions that are no less favourable than provided for under the relevant Australian legislation and awards
be a highly skilled occupation that is on the Consolidated Sponsored Occupation List (CSOL) and it must meet the minimum salary level for ENS (unless an exemption applies).