Employer Nomination Scheme (186) Visa | IMMIGRATION LAWYERS IN MELBOURNE

The Employer Nomination Scheme (ENS) is a program under the Australian government’s immigration system that allows Australian employers to sponsor skilled workers from overseas for permanent residence in Australia. This program is designed to address labour shortages in Australia by allowing employers to bring in skilled workers who can contribute to the country’s economy.

Under the ENS, employers can nominate skilled workers who are already working in their company, or recruit workers from overseas. The nominated workers must meet the relevant skills, qualifications, and work experience requirements for their occupation, and must also meet the English language proficiency requirements.

The ENS is divided into two streams:

Temporary Residence Transition Stream: This stream is for skilled workers who are already in Australia on a temporary visa and have been working for their employer for at least three years. These workers can apply for permanent residency through the ENS if their employer nominates them.

Direct Entry Stream: This stream is for skilled workers who are outside Australia or are in Australia but do not qualify for the Temporary Residence Transition Stream. These workers can apply for permanent residency through the ENS if their employer nominates them.

The Process

Temporary Residence Transition Stream

The application process for this stream typically involves the following stages:

• Check eligibility: The first step is to ensure that both the employer and the employee meet the eligibility criteria for the Temporary Residence Transition Stream. This includes requirements related to occupation, skills, work experience, and English language proficiency. 
• Employer nomination: The employer must nominate the employee for permanent residency under the ENS. This involves completing and submitting the relevant forms, providing evidence of the employer’s business and financial standing, and demonstrating that the employee meets the relevant skill and experience requirements.
• Visa application: Once the employer nomination is approved, the employee can apply for a permanent residency visa. This involves completing and submitting the relevant forms, providing supporting documents such as identity and health checks, and paying the relevant visa fees.
• Application assessment: The Department of Home Affairs will assess the visa application and determine whether the employee meets the eligibility criteria for the ENS Temporary Residence Transition Stream. This may involve further documentation or information being requested from the employer or employee.
• Visa decision: If the visa application is approved, the employee will be granted permanent residency under the ENS. If the application is refused, the employee may have the option to apply for a review of the decision.

Direct Entry Stream

The process for the Direct Entry Stream is similar to the Temporary Residence Transition Stream, however, the employee will not have to complete three years working for their employer before the application, they will however, have to complete a Skills Assessment, where the employee’s skills and qualifications will be assessed by the relevant assessing authority for their occupation.

Expanded Pathway to Permanent Residency

The Australian Government has announced significant changes to the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (subclass 186) visa, providing more opportunities for temporary skilled sponsored workers to apply for permanent residency in Australia.

The TRT stream is now available to all Temporary Skill Shortage (TSS) visa holders whose employers want to sponsor them, regardless of their occupation. Previously, this stream was limited to occupations on the Medium and Long-term Strategic Skills List (MLTSSL). The eligibility requirement for the TRT stream will also be reduced from three years to two years of employment with the sponsoring employer.

To support these changes, the Government has removed limits on the number of Short-term stream TSS visa applications that visa holders can make in Australia, making it easier for temporary visa holders to apply for further visas without having to leave the country.

These changes reflect the Government’s commitment at the Jobs and Skills Summit in September 2022 to expand pathways to permanent residence for temporary skilled sponsored workers, providing more equitable access to permanent residency. The changes provide more certainty to TSS visa holders and their employers about the permanent residence pathways available to them.

Employers now benefit from having access to permanent employer-sponsored pathways for a wider range of occupations, allowing them to alleviate skills shortages by retaining skilled workers in their businesses. By enabling temporary skilled sponsored workers to become permanent residents more quickly, the Government aims to attract and retain the best talent from around the world, contributing to Australia’s economic growth and competitiveness.

It’s important to note that the ENS application process can be complex, time-consuming and expensive, and it’s advisable to seek the services of a Legal Practitioner to assist with the process.

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