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EMPLOYER NOMINATION SCHEME - 186 VISA

Employer Sponsored Visa Australia

Table of Contents

Australian Lawyers and Migration Agents - Employer Sponsored Visa Advice

Our Australian Immigration Lawyers and Registered Migration Agents are experienced and ethical. We can assist clients in our offices in Brisbane, Australia, Singapore, Hong Kong, London, UK and Lisbon, Portugal. In addition, our Australian qualified Lawyers can advise clients worldwide, with a fast and efficient Consultation by telephone where they advise you about:
Contact VisaConnect's Australian Immigration Lawyers and Migration Agents in 2022 for advice and assistance with your Employer Nomination Scheme - 186 visa application!

Eligibility Requirements - 186 Visa

ENS 186 visa - 3 Streams

1. Temporary Residence Transition stream - available for Temporary Skilled Workers, 482 TSS Visa, and workers who are still on the former 457 visa and have worked in Australia for 2 years for their nominating employer.

2. Direct Entry stream - available for people who have been nominated by their employer under the Direct Entry stream or people who have never, or only briefly, worked in Australia, or temporary residents who do not qualify for the Temporary Residence Transition stream.

3. Agreement stream - available for Temporary Skills Shortage visa holders, and former subclass 457 visa holders, sponsored by an employer through a labour agreement.

Employer Requirements - 186 Visa

A. Business in Australia - Employer must prove that the business is located in Australia and that it is operated by the employer and complies with Australian immigration and workplace relations laws.

B. No Adverse Business Information - there is no adverse information about the Employer's Australian business, or any person associated with the business.

C. Genuine Position - Employer must show that they have a genuine need for a paid employee to fill a skilled position.

D. Licensing - Employer must demonstrate that the skilled person is eligible for any mandatory licensing, registration or professional body membership where required.

E. Full time Position - Employer must prove that the position is a full time, fixed-term appointment of at least 2 years, paying a market salary rate.

F. Training requirements - Employer must have met the Temporary Skills Shortage, Subclass 482 visa or former subclass 457 visa training requirements in each year they have been a standard business sponsor.

Nominee Requirements - 186 Visa

1. Nomination Approved -The Nominee or Worker must be nominated by an Australian employer and this nomination has been approved within the 6 months before the visa application. Note that the Visa cannot be granted if:
2. Age - The Nominee is under 45 years at the time of visa application.

3. Nominee's Skills - must have skills and qualifications relevant to the nominated position.

4. Skills Assessment - applicants need to have a skills assessment that shows they have the skills to work in the nominated position. Note that Applicants are exempt from obtaining a Skills Assessment if they:
5. Licensing - The Nominee can satisfy any mandatory licensing or registration requirements.

6. English Language Ability - The Nominee has competent level English language ability, at the time of visa lodgment. Competent level English is demonstrated with a score of at least 6 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test. It may be possible to get an exemption from the English test if you have completed at least 5 years of full-time study in a secondary or higher education institution, where the tuition was provided completely in English.

7. Health and Character - The Nominee and all family members meet health and character requirements.

Benefits of the ENS Visa

If you and your family members have been granted the 186 Skilled Sponsored visa, you are permitted to:

Temporary Residence Transition from 482 Visa to 186 Visa

Applicants on a 482 Work Visa, can apply for Direct Permanent Residence, if their occupation is on the MTLSSL, and they meet the following requirements:

Priority Migration Skilled Occupation List - New List from 27 November 2020

The Priority Migration Skilled Occupation List (PMSOL) was set up on 2 September 2020, and this List identifies 18 occupations which fill critical skills needs to support Australia's economic recovery from COVID-19. The list is based on expert advice from the National Skills Commission and consultation with Commonwealth departments.

Employer sponsored nomination and visa applications with an occupation on the PMSOL will be given priority processing. All other skilled occupation lists will remain active, but the PMSOL occupations will take priority.

The list is temporary and priority occupations may change as Australia recovers from the pandemic. The Government and the National Skills Commission will continue to monitor the impact of COVID-19 on the Australian labour market and assess Australia's skills needs as they evolve and new sources of data emerge.

The Priority Migration Skilled Occupation List

The 18 occupations (ANZSCO code), as at 27 November 2020 are as follows:

Transition to Permanent Residency Concessions - in 2021

From 24 November 2020, changes have been introduced to enable a number of concessions to temporary skilled visa holders who are on a pathway to permanent residence, buthave been disadvantaged by the consequences of the COVID-19 pandemic, such as border closures, restrictions imposed on businesses and the general economic downturn.

Age Exemptions - The current age exemptions for higher income earners under the Temporary Residence Transition (TRT) stream have been adjusted to allow any period of reduced earnings from COVID-19 during the effected period to be excluded when calculating the applicant's earnings. This will mean the high-income threshold will be adjusted on a pro-rata basis for any year in which an applicant receives reduced earnings because of COVID-19.

Work history to qualify for Permanent residence - The current qualifying work history requirements have been modified to permit periods where a worker has been temporarily stood down, been on unpaid leave or had their hours reduced to count towards the relevant employment history requirements, as if they were periods of full-time work. This will give a concession to people who have left Australia and returned to re-commence employment with their employer, and those who remained in Australia but were stood down or had their hours reduced during the COVID-19 period.

ENS 186 Visa Process

Office Address and Telephone - VisaConnect Australia

Contact VisaConnect's Consultants at our Brisbane, Queensland, Australia office below:

VisaConnect - Qld, Australia
Level 1, 16 McDougall Street,
Milton, Brisbane,
Queensland 4064
Australia

Telephone: (+61) 7 3040 9589

Telephone:(+61) 3 9015 7918

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