Employer Nomination Scheme (ENS) Visa

Employer Nomination Scheme - Subclass EN & RN (186/187) Visa

There are two employment sponsored permanent residence visas:

Employer Nomination Scheme (ENS), Class EN subclass 186 visa – this is a general employer sponsored visa, and usually located in metropolitan cities;

This Employer Nomination scheme (Subclass 186) allows Australian employers to nominate highly skilled workers for permanent entry to Australia to fill vacancies where no suitable local candidate could be found. The ENS comprises a single visa – Employer Nomination (Class EN) Employer Nomination Scheme (subclass 186) – the EN -186 visa – which has three streams.

1. Temporary Residence Transition stream – EN & RN

the Temporary Residence Transition stream is for UC-457 visa holders who have worked for their employer for at least the last 2 years and the employer wants to offer them a permanent position in that same occupation.

2. Direct Entry stream – EN & RN

the Direct Entry stream is for persons who are untested in the Australian labour market and are applying for an EN-186 visa from outside Australia or are applying from inside Australia but are not eligible for the Temporary Residence Transition stream

3. The Agreement stream – Labour agreement or regional migration agreement only- EN & RN

the Agreement stream is for persons who are being sponsored by an employer through a tailored and negotiated labour agreement or regional migration agreement.

The requirements for a Class EN application to be valid are prescribed in Schedule 1 Item 1114B. The Schedule 2 criteria for subclass 186 (and 187) visas provide that the EN nomination / sponsorship must be lodged online, accompanied by the nomination fee. If approved, the nomination will be valid for 6 months, during which time the nominee / visa applicant must apply for the EN (or RN) visa online. The nominee may be inside or outside Australia.

Persons applying for Direct Entry to Class EN subclass 186 visas must have their occupation listed on a gazetted occupations list, the Consolidated Sponsored Occupation List (CSOL).

In addition, reg 5.19 specifies the terms and conditions for both Subclass 186 (and 187) for Direct Entry nomination and Temporary Residence Transition nomination as no less favourable than an Australian citizen or an Australian permanent resident for performing equivalent work in the same workplace at the same location ie visa holders are to be paid at the market salary rate.
1 July 2012 brings up-scaled requirements for employers to meet training benchmarks for subclass 186 nominations.
Subclass 186 nominations are to be offered for at least two years.

Second Working Holiday Visa 417

Employer Nomination Scheme (ENS) Visa

Regional Sponsored Migration Scheme (RSMS), Class RN subclass 187 visa – this is for employers located in regional areas wanting to nominate employees for permanent residence. The issue of whether they are in the regional area is designated by the postcode they hold.

The Regional Sponsored Migration Scheme (RSMS) is a ‘Regional Australia’ initiative. It caters specifically for employers in regional areas who have difficulty in finding suitably qualified workers from the local workforce and who wish to nominate an overseas employee for permanent entry to fill a skilled position. Subclass 187 is a permanent visa.

The requirements for a Class RN application to be valid are prescribed in Schedule 1 Item 1114C.