Employer Nomination Scheme (ENS) (186 visa)

The Employer Nomination Scheme (ENS) (186 visa) allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia.

This visa is designed to respond to the needs of Australian employers by allowing them to recruit and nominate skilled people to fill positions that cannot be filled from the Australian labour market or through their own staff training. The Employer Nomination Scheme (ENS) (186 visa) visa caters for employees who are either highly skilled workers from overseas or highly skilled temporary residents currently in Australia.

The Employer Nomination Scheme (ENS) (186 visa) work visa may be applied for inside or outside Australia and all applicants must meet health and character criteria. Certain work visa applicants will also need to meet the English language requirement.

The Employer Nomination Scheme (ENS) (186 visa) has three steams under which an applicant can apply:

a. The Temporary Residence Transition stream is for applicants who have held a sc457 visa or TSS visa (482 visa) and worked for the sponsoring employer for at least 3 years;

b. The Direct Entry stream is for applicants who have not held a sc457 or TSS visa for 3 years;

c. The Agreement stream is for applicants whose employers wish to sponsor them through a Labour Agreement or Regional Migration Agreement.

How does this visa work?

Step 1: The employer must nominate an occupation in their business to be approved from the 186 Skilled Occupation List and identify in the application who the visa applicant will be. As part of the Nomination application the company must provide evidence that there is a genuine need for the position & that the position has not been created to just help the nominee stay in Australia/migrate to Australia.

Step 2: A visa application must be lodged. The visa applicant must meet certain requirements for the approval of the visa, such as English fluency, work experience, skills, health, and character to meet the requirements of the nominated occupation.

ENS Visa Employer Eligibility

• Lawfully and actively operating business operating in Australia
• Have a genuine need for a paid employee to fill the position AND unable to fill the position with local labour
• Have advertised the position to meet the Department’s specific requirements
• Direct employer of the employee
• Good business record and abide by immigration laws.

Am I eligible for an ENS visa via the Temporary Residence Transition (TRT) stream?

• I am the holder of a sc457 or TSS visa
• I have been employed by the sponsoring employer full-time (35h/wk) on my sc457 or TSS visa for at least 3 years immediately before I make my application
• I have not turned 45 years of age
• I have a Competent level of English
• I meet the health and character requirements
• I have been offered a 2-year contract
• I am being offered the Market Salary rate for my nominated occupation.

Am I eligible for an ENS visa via the Direct Entry stream?

• I have a nominated occupation on the current Medium and Long-term Skilled Occupation List (MLTSOL) 
• I am either inside or outside Australia
• I have not turned 45 years of age
• I have a Competent level of English
• I have 3 years full-time post qualification work experience
• I have a positive skills assessment for my nominated skilled occupation OR am eligible to apply for a skills assessment
• I meet the health and character requirements
• I have been offered a 2-year contract
• I am being offered the Market Salary rate for my nominated occupation.

Am I eligible for an ENS visa via the Agreement stream?

Labour Agreements are formal arrangements between an employer and the Commonwealth which allow for the recruitment of an agreed number of overseas skilled workers.

Regional Migration Agreement is an agreement between the Australian Government and a state or territory government, local council, or another local stakeholder. The program will facilitate increased labour flows to regional areas experiencing acute labour shortages, in particular, regions that are isolated from large populations and do not have Australian skills and labour available.

Regional Migration Agreements will specify the occupations, numbers, and visa requirements for the sponsorship of workers from outside Australia to certain regional locations.

• I meet the age, English, skills, experience, and any other requirements as stated in the Labour Agreement or Regional Migration Agreement
• I am either inside or outside Australia
• I meet the health and character requirements.

What Does This Visa Let You Do?

• Reside in Australia indefinitely with my family who were included in the application
• Travel in and out of Australia for the five years from the date the visa is granted. Thereafter I would need to apply for a Residence Return Visa
• Work, operate a business, study in Australia – if I choose to
• Buy property with the same terms and conditions as Australian citizens
• Enrol in Medicare, Australia’s scheme for health-related care and expenses
• Apply for Australian citizenship (once I am eligible) by completing the residence requirements in Australia;
• Sponsor eligible relatives who are eligible to meet a family visa (for example, partner, parent, child etc) or certain skilled regional visas (subclass 491).