Australian Employer Nomination Scheme Visa (ENS) (186)

There are 2 Streams for Employer Nomination Scheme (ENS) Visa (Subclass 186):

Temporary Residence Transition (TRT):

• If Onshore, Applicant must have been on a TSS Work Visa (Subclass 482) or a Bridging Visa associated with a TSS Work Visa (Subclass 482) application.
• Applicant has worked for 2 years for the Sponsor/Business (in some circumstances, 2 years) and still be employed by them.
• Applicant must provide verifiable evidence of the 2 years of employment for the Sponsor/Business.

Direct Entry (DE):

• Applicant has worked for 3 years in the same Occupation (Post-Qualification) for any employers (Australia and/or Overseas).
• Applicant can provide verifiable evidence of the 3 years of employment.
• Applicant must provide a Skills Assessment.

The Applicant must demonstrate that they have the Skills, Qualifications and Experience necessary to perform the nominated occupation. 

Applicants may need to provide a satisfactory combination of the following to the DHA:

• Copies of relevant Qualification Certificates and Testamurs
• Copies of any required registration/licensing
• Previous Employment References
• Updated Curriculum Vitae 
• Payslips
• Bank Statements showing wages going into the account
• Superannuation Documents
• English Language Tests

If the application is for the Direct Entry (DE) Steam, Applicants may be required to provide a Skills Assessment to demonstrate their Skills. 

Yes, but only under the Direct Entry (DE) Steam.

The relevant Skills Assessing Authority for each occupation is can be provided by your Representative or you can find it on the DHA website.

The Skills Assessment must clearly show that the Applicant has had their Skills assessed as suitable by the Assessing Authority before they make the visa application. Skills Assessments can be submitted after the Visa application is made but the results of the assessment must have been obtained before the date of the Visa application.

Some Skills Assessing Authorities issue Skills Assessments that show an expiry date. If a Skills Assessment is provided after the expiry date, the Skills Assessment will no longer be valid.

Skills Assessments that do not specify an expiry date are valid for 3 years from the date of the Assessment. If more than 3 years have passed by the time the Visa application is made, the Skills Assessment will no longer be valid.

The Applicant must also have been employed in the occupation full-time for at least 3 years, at the level of skill required for the occupation. A Skills Assessment obtained for a Graduate Visa (Subclass 485) is not a valid Skills Assessment for the ENS Visa (Subclass 186).

Applicants will need to prove that they meet the minimum English Language Criteria by undertaking an English Language Test.

You are automatically exempt from undertaking the English Language Test if you hold a Passport from the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland.

If you do not hold any of the abovenamed passports, you will need to provide one of the following English Language Tests (Validity and Actual Results can be found in the Overview of this page):

• International English Language Testing System (IELTS)
• Pearson Test of English Academic (PTE Academic)
• Occupational English Test (OET)
• Test of English as a Foreign Language Test (TOEFL iBT)
• Cambridge C1 Advanced Test 

Applicants must be of good character to visit or live in Australia. This means you must pass the character test, and remain of good character.

The character requirements are set out under Section 501 of the Migration Act 1958. The DHA refers to this section to decide if you are of good character.

You must always disclose all of your criminal history when applying for a Visa. 

If you fail to disclose anything that may be on your record, and your application is approved, the DHA may cancel this Visa or any future Visas when they find out.

Australia enjoys some of the best health standards in the world. To maintain these standards, most Visa Applicants must meet the minimum health standards before the DHA will grant them a Visa. 

Your appointed representative will confirm with you whether you (and any secondary applicants) will need to undertake a Health Examination, and can provide you with your DHA-issued reference, which is called a HAP ID.

If you are in Australia, it is likely you will need to undertake a Health Examination with Bupa Medical Visa Services.

If you are overseas, the DHA has a list of approved Panel Physicians or Clinics you must visit.

Yes, as long as they meet the 'Member of the Family Unit' criteria. Your appointed Representative should confirm this with you.

Members of the Family Unit who are included in the visa may also need to meet the DHA’s Health and Criminal History requirements.

Not all of them.  

Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and where standard temporary or permanent visa programs are not available. 

Labour agreements are developed between the Australian Government (represented by the Department) and Employers. 

In some cases, the Applicants may not need to have the minimum work experience, meet the English Language Requirements or they can even be older than the maximum age allowed, depending on the Labour Agreement conditions that their Employers have with the DHA.

For more information on this topic, please contact our Office to discuss it further.

No. It is against the law to accept or to pay money for a Visa sponsorship.
 

Olympus Migration will never accept a case where we believe that 'paid' Visa sponsorships or other similar agreements have taken place between a Business, a Skilled Worker and/or any other third parties.

No. The Business/Sponsor must pay their own Department of Home Affairs (DHA) Fees and their own Professional Fees if a Representative is appointed.

The 5 most common reasons for Work Visa (ENS) (Subclass 186) refusals are as follows:

• Lack of evidence when trying to prove professional experience and qualifications.
• Failure to respond to Requests for More Information (RFIs) from the Department of Home Affairs (DHA).
• Failure to meet the Character Requirements.
• Failure of Sponsor/Business in demonstrating genuine position.
• Inability of Sponsor/Business’ genuine need for employee due to occupation misalignment, financial instability of the business and/or issues with Labour Market Testing advertisements.

Please Note: If the Business/Sponsor's Nomination (Stage 1) application is refused, this will also lead to a Work Visa (ENS) (Subclass 186) refusal.

You can find out more in our dedicated video explaining this in our Video Library.

Some of the most common occupations in each list can be found below:

• Short-Term Skilled Occupation List (STSOL): Cooks, Pastry Cooks, Cafe or Restaurant Managers, Bakers, Sales and Marketing Managers, ICT Project Managers, Primary School Teachers, Roof Tilers, Veterinary Nurses, Hairdressers, etc.
• Medium and Long-Term Strategic Skills List (MLTSSL): Accountants, Registered Nurses, Motor Mechanics, Chefs, Cabinet Makers, Painting Trades Workers, Airconditioning and Mechanical Services Plumbers, Carpenters, ICT Business Analysts, Engineers, etc.

Please keep in mind that the Skilled Occupation Lists change periodically. This includes including new occupations or removing occupations altogether.