The Employer Nomination Scheme subclass 186 visa (ENS) is a permanent migration visa. As the name suggests it requires nomination from an Australian employer. The process is similar to the subclass 457 program (closed to new applications) and TSS visa being that an Australian employer must lodge an application for approval of nomination for the skilled position and the skilled worker lodges a visa application to fill the nominated position. Within the program there are three distinct streams:
The TRT stream is for skilled workers that hold a subclass 457 or TSS Visa subclass 482 visa and have been working in the skilled position with the same nominating employer for at least 3 years. Changes were made on 18 March 2018 following the Australian Governments reform to skilled employer sponsored visas. As a result of these changes there are a number of variations to the eligibility for ENS under the TRT stream. The pathway to pursue and whether an individual is eligible depends on a number of factors.
There are exceptional circumstances where the TRT stream may be satisfied if the employer has changed but the position has remained the same.
The DE stream is for skilled workers located in or outside Australia which are nominated by an Australian employer for a skilled position. Changes were also made to the DE stream requirements on 18 March 2018.
The Labour Agreement stream is for applicants which may not satisfy the requirements of TRT or DE Streams and demonstrate special exemptions that have been approved by the Minister for Immigration.
Each business and individual circumstances must be taken into account when selecting and pursing an Employer Nomination Scheme visa application. Failure to identify and pursue the correct stream can be costly and significantly complicate what could otherwise be a positive application decision. With the reform changes and transitional arrangements in place for previous 457 visa holders, it is more important than every to seek professional assistance before commencing the process for ENS.
If you believe you qualify for the above visa and want some further information and assistance, please contact us via our online enquiry form.
This is a general outline of the criteria and we would always recommend that you seek advice from a Registered Migration Agent (MARA Agent) to confirm any potential eligibility. In addition there are exemptions to the above requirements and we can certainly discuss this with you prior to commencing any process.