The Employer Nomination Scheme (ENS 186 Visa) is one of Australia’s most popular pathways for businesses seeking to sponsor skilled foreign employees for permanent residency. This visa not only secures long-term talent for your business but also provides stability and certainty for employees looking to establish their lives in Australia.
What is the ENS 186 Visa?
The ENS 186 Visa allows Australian businesses to sponsor skilled international workers for permanent residency. It has two main streams, each with unique criteria and benefits:
- Direct Entry (DE) Stream
- Temporary Residence Transition (TRT) Stream
Understanding the differences between these two streams enables businesses to select the most suitable sponsorship pathway.
Direct Entry Stream vs. Temporary Residence Transition Stream
1. Direct Entry (DE) Stream:
The Direct Entry stream is designed for skilled workers who may not have previously worked in Australia but have at least 3 years of relevant work experience.
Key Points:
- No prior Australian work required.
- Requires formal skills assessment (in most occupations).
- Applicants require a minimum of three years of relevant experience and a positive skills assessment.
- English language proficiency (IELTS 6.0 or equivalent) required.
Ideal for:
- Employers hiring new, highly skilled talent from overseas directly into permanent roles.
- Employers wanting to share sponsorship costs with the applicant.
2. Temporary Residence Transition (TRT) Stream:
The TRT Stream is designed for current employees already working in Australia under a Temporary Skill Shortage Visa (Subclass 482) and aiming to transition to permanent residency.
Key Points:
- Requires employees to have worked for at least 2 years on a full-time basis under a subclass 482 visa.
- Typically, no skills assessment required.
- The employee is already established within the business.
Ideal for:
- Businesses wishing to retain existing skilled workers permanently.
Eligibility Criteria for ENS 186 Visa
For Employers:
- Be actively and lawfully operating in Australia.
- Demonstrate a genuine need for a skilled position.
- Offer a full-time, permanent position with a market salary.
For Employees (Visa Applicants):
- Meet relevant skills and qualification requirements.
- Have at least 3 years of relevant work experience.
- English proficiency (IELTS 6.0 or equivalent).
- Under 45 years of age (with limited exceptions).
Benefits of the ENS 186 Visa
- Provides permanent residency to employees and their immediate family.
- Allows access to Medicare and Australian healthcare.
- Offers a clear pathway to Australian citizenship.
- Strengthens employee retention by offering stability and certainty.
- Reduces Immigration Costs for the employer.
ENS 186 Visa Application Process
- Nomination: Employer submits a nomination application to the Department of Home Affairs.
- Visa Application: The Employee submits a personal visa application simultaneously or shortly after.
- Decision: The Department assesses eligibility and issues a visa upon successful application.
Does the ENS 186 Visa Require a 2-Year Commitment?
A common misconception is that employees must legally stay with their sponsoring employer for at least two years after being granted an ENS 186 Visa. While the employer nominates the position as a full-time, permanent role, and the employee is expected to intend to remain employed for at least two years genuinely, this requirement is not legally enforced after the visa is granted.
However, it is important to note:
- The Department of Home Affairs expects genuine intentions from both the employer and the employee for ongoing employment lasting at least two years.
- Employees who leave shortly after the visa is granted without reasonable justification may face scrutiny during subsequent citizenship applications or when sponsoring others in the future.
- Employers may choose to include contractual obligations or clawback clauses in employment agreements to recover some costs if the employee leaves within a specified period, typically two years.
Thus, while not legally binding from an immigration perspective, a two-year commitment is advisable to protect the interests of both the employer and the employee.
Which Stream Should You Choose?
| Aspect | Direct Entry (DE) Stream | Temporary Residence Transition (TRT) Stream |
|---|---|---|
| Work Experience | 3+ years overseas or in Australia | 2 years full-time work under 482 |
| Skills Assessment | Required | Usually not required |
| English Requirement | IELTS 6.0 or equivalent | IELTS 6.0 or equivalent |
| Employment History | No prior Australian work needed | Must have worked under subclass 482 |
Ensuring Compliance
It’s crucial to maintain compliance with Australian immigration regulations. Incorrect documentation or misunderstanding of eligibility criteria can result in delays or refusals. Engaging professional assistance can ensure a smoother process.
Final Thoughts
The ENS 186 visa provides businesses with a secure option to attract and retain skilled talent from around the world, supporting long-term growth and stability.
Ready to explore the ENS 186 visa for your business?
At Immi Response, we help you navigate the process clearly, transparently, and effectively. Contact our experts today to discuss your business needs and get started.
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