Employer Nomination Scheme (ENS) Visa

The ENS visa – Subclass 186 enables employer-nominated skilled workers to permanently reside and work in Australia.

The Visa is offered under three streams:

Direct Entry Stream: Intended for applicants with the necessary qualifications or experience in an eligible occupation.
Transition Stream: Designed for 457 visa or 482 TSS Visa holders who have worked for their nominating employer for a minimum of two or three years.
Agreement Stream: Geared towards applicants who are sponsored by an employer under a labour agreement.

Eligibility

To be eligible for the visa, the applicant:

Must receive a nomination from their employer.
Must genuinely carry out the duties of the nominated position.
Must possess the necessary skills and qualifications for the position. The Temporary Residence Transition stream is typically for individuals who have worked full-time for three years under a TSS/457 visa in the same occupation, with their nominating employer offering them a position in that occupation.
The Direct Entry stream is for applicants who have already received a positive skills assessment in the nominated occupation and wish to directly apply for permanent residence.
Applicants must be under 45 years of age (with age exemptions available under the Temporary Residence Transition stream).
Must demonstrate at least competent English language proficiency.
Must fulfil the necessary health and character requirements.

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Nominated Position

To be eligible for nomination, the business:

Must be actively and legally operating in Australia.
There must be a genuine requirement for the visa applicant in the nominated position, which is under the direct control of the business.
The business must have the capacity to employ the individual in that position for a minimum of 2 years.
The position must be full-time and available for at least 2 years from the visa grant.
The position must be listed on the current Medium to Long-term Strategic Skills List (MLTSSL), unless there are transitional provisions.
The position must offer a salary of at least AUD70,000 per year and meet the market salary rate for the nominated occupation.
Employers pays the applicable SAF levy.
The employment conditions for the position must be no less favourable than those applicable to Australians performing equivalent work in the same location.
The Labour Agreement stream is for applicants employed or to be employed by an employer who is a party to a labour agreement and sponsored through a work contract. Please contact Prestige Legal Group (PLG) for specific information regarding your industry’s negotiated agreement with the Department.

Requirements

For the visa application process, the applicant for the visa must demonstrate meeting certain requirements, including:

Passport bio page.
Marriage/Birth certificates if they include their spouse and dependents.
Provide proof of any mandatory licences, registrations, or professional affiliations required for the nominated occupation.
Provide documents that validate your skills and qualifications, such as certificates or diplomas.
To demonstrate competent English, the test results must be obtained within three years prior to the application date.
Health documents.
Australian police certificate (if you have spent a total of 12 months or more in Australia in the past ten years since turning 16).
Overseas police certificates from every country, including your home country, where you have spent a total of 12 months or more in the past ten years since turning 16.
If you are in a relationship, provide your partner’s identity documents, character documents, and marriage certificate (or sufficient evidence to prove a de facto relationship of at least 12 months). Evidence can include joint bank account statements, joint leases, and documents demonstrating cohabitation.
Partner must also provide evidence of functional English proficiency.

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