Employer Nomination Scheme (Subclass 186)

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employer nomination scheme subclass 186

In 2017-2018, 29,307 Employer Nomination Scheme Visas (ENS) were granted.

Employer Nomination Scheme (Subclass 186)

Under Line

There are two stages in the Employer Nomination Scheme. First, the  sponsor-employer will lodge the application for Nomination.  At his stage, the employer nominates the nominee for the proposed position, and the department will process and decide on the nomination. Once the nomination is approved, the nominee lodges the application. Often, the nominee can lodge their application concurrently with the employer’s nomination application.

3 Types of 186 ENS Visa

Direct Entry stream

 

Eligibility of 186 Visa under Direct Entry stream

 

  • The applicant must be nominated by an Australian employer
  • The applicant occupation must be on the relevant list of eligible skilled occupations.
  • The applicant must have at least Competent English

 

Labour agreement stream – Not Popular

 

  • The applicant is currently working, or will work, for the nominating employer who is party to a labour agreement.
  • The applicant must meet the age, skills and English language requirements of the labour agreement.

 

 

Temporary Residence Transition stream

 

Eligibility of 186 Visa under Temporary Residence Transition stream

 

  • The applicant must hold a 457 visa, TSS (482) visa or related bridging visa A, B or C
  • The applicant must have worked for the employer full-time for at least 3 years
  • The applicant must be nominated by the employer

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The requirements of ENS Visa – Direct Entry Stream

The requirements of ENS Visa – Direct Entry Stream

  • The applicant must be nominated by an Australian employer.
  • The applicant must be under 45 years at the time of lodgement.
  • The occupation must be on the list of skilled occupations.
  • The applicant must have a relevant work experience.
  • You must have at least competent English to be granted this stream of the visa.
  • The applicant must be licensed, registered or a member of a professional association if it is mandatory in the state or territory the applicant intends to work in.
  • The applicant needs to have a skills assessment
  • The applicant and other  family members who apply for the visa with the applicant must meet the health requirement.
  • The applicant and other family members aged 16 years and over who apply for the visa with the applicant must meet the character requirement.

The requirements of ENS Visa – Temporary Residence Transition stream

  • The employer must have sponsored the applicant to work full-time on subclass 457 visa or subclass 482 visa for at least 3 of the 4 years prior to nominating the applicant for the subclass 186 visa. 
  • If the applicant held a subclass 457 visa on 18 April 2017, the employer must have sponsored the applicant to work full-time for at least 2 of the 3 years prior to nominating you for this visa.
  • The applicant  must be under 45 years of age at the time of the lodgement.
  • The occupation must be on the list of skilled occupations.
  • The applicant must have competent English skills.
  • However, the applicant may be exempted from this requirement if the applicant  has  completed at least 5 years of full-time study in a secondary or higher education institution where all tuition was delivered in English. 
  • The applicant must be licensed, registered or a member of a professional association if it is mandatory in the state or territory the applicant intends to work in.
  • The applicant needs to have a skills assessment
  • The applicant and other family members who apply for the visa with the applicant must meet the health requirement.
  • The applicant and other family members aged 16 years and over who apply for the visa with the applicant must meet character requirement.

Employer

The employer in lodging the application for nomination must meet requirements set out under the Regulations.

  • The business is lawfully and actively operating.
  • It must be genuine –  pass Labour Market Testing.
  • The position must be available for at least 2 years.
  • The occpuation must be listed in the MLTSSL.
  • It must meet the Temporary Skilled Migration Income Threshold (TSMIT) and market salary.
  • The employer must meet the training requirement – payment to Skilling Australians Fund.

SAF

The contribution is required to be paid in full at the time the employee is nominated.

Before a levy to the Skilling Australians Fund (SAF) is introduced, employers had to prove commitment to an employment training regime.  This can be done by expending the equivalent of 1% of its payroll to training and upskilling their Australian citizen or permanent resident workers or contributing the equivalent of 2% of its payroll to an industry training fund.

At the Nomination stage, the Employer’s contribution is payable as follows:

  • For businesses with less than $10 million turnover: The rate is $1,200 per nominee per year or part year.  So for a nominee for a 4 year visa, the employer has to pay $4,800 to the SAF (Skilling Australians Fund);  and
  • Other businesses: The rate is $1,800 per nominee per year or part year.

Market Salary

The employer must pay the nominee at least the Market Salary and meet the Temporary Skilled Migration Income Threshold (TSMIT).  This was set at $53,900 as at 12 April 2016 and continues to be applicable.

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