In this comprehensive guide, we will provide you with all the essential information and insights regarding the Employer Nomination Scheme (ENS) Subclass Visa 186, which is a highly sought-after pathway for skilled professionals to live and work in Australia permanently. We will cover eligibility criteria, the application process, and the benefits that come with obtaining this visa.
Introduction to ENS Subclass Visa 186
The Employer Nomination Scheme (ENS) Subclass Visa 186 is a permanent residency visa designed for skilled professionals who have been nominated by an Australian employer. The main objective of this visa program is to address skill shortages in Australia by enabling employers to sponsor qualified overseas workers to fill specific roles within their organization.
Three Distinct Streams of ENS Subclass Visa 186
There are three distinct streams under the ENS Subclass Visa 186, catering to different applicant profiles:
- Direct Entry Stream: This stream is designed for professionals who have never worked in Australia, or who have only briefly worked in the country. To qualify, applicants must have a confirmed job offer from an Australian employer and must meet the required skill and experience criteria.
- Temporary Residence Transition Stream: This stream is aimed at individuals who have already been working in Australia on a Temporary Skill Shortage (TSS) Visa (subclass 482) or a Temporary Work (Skilled) Visa (subclass 457) for a minimum of three years. These applicants must also have a confirmed job offer from their current employer.
- Labour Agreement Stream: This stream is tailored to applicants who are sponsored by an employer with a valid Labour Agreement with the Australian Government. The eligibility criteria under this stream are determined by the terms and conditions of the specific Labour Agreement.
Eligibility Criteria for ENS Subclass Visa 186
To be eligible for the ENS Subclass Visa 186, applicants must meet the following criteria:
- Nomination by an Australian employer: Applicants must have a valid job offer and be nominated by an Australian employer. The employer must be an approved sponsor and the position must be on the relevant skilled occupation list.
- Age requirement: Applicants must be under 45 years of age at the time of application, unless they qualify for an age exemption.
- Skills assessment: For the Direct Entry Stream, applicants must have a positive skills assessment from the relevant assessing authority for their nominated occupation. This is not required for the Temporary Residence Transition Stream or the Labour Agreement Stream.
- Work experience: Applicants must have at least three years of relevant work experience in their nominated occupation.
- English language proficiency: All applicants must meet the minimum English language proficiency requirements, which include obtaining a certain score on an approved English language test.
- Health and character: Applicants must meet health and character requirements, including undergoing medical examinations and providing police clearance certificates.
Application Process for ENS Subclass Visa 186
The application process for the ENS Subclass Visa 186 consists of the following steps:
- Employer nomination: The Australian employer must submit a nomination application for the prospective employee. The employer must demonstrate the genuineness of the position, the need for a skilled worker, and their commitment to providing appropriate training and support.
- Skills assessment and English language test: For the Direct Entry Stream, applicants must undergo a skills assessment from the relevant assessing authority for their nominated occupation. Additionally, all applicants must take an approved English language test to demonstrate their proficiency.
- Visa application: Once the employer’s nomination has been approved, the applicant can submit their visa application. The application must include supporting documents, such as proof of identity, qualifications, work experience, and English language test results.
- Health and character checks: Applicants must undergo health examinations and provide police clearance certificates to demonstrate that they meet the health and character requirements.
- Visa decision: The Department of Home Affairs will assess the visa application and make a decision. If the application is successful, the applicant will be granted the ENS Subclass Visa 186, allowing them to live and work in Australia permanently.
ENS Subclass Visa 186: Benefits and Obligations
The ENS Subclass Visa 186 offers a range of benefits to successful applicants, including:
- Permanent residency: This visa allows the holder to live and work in Australia indefinitely.
- Access to social security benefits: After a waiting period, visa holders may become eligible for certain social security benefits and services provided by the Australian Government.
- Medicare: Visa holders have access to Australia’s public healthcare system, Medicare, which provides free or subsidized healthcare services.
- Family members: Eligible family members can be included in the visa application, allowing them to also live and work in Australia.
- Citizenship eligibility: After meeting residency and other requirements, visa holders may become eligible to apply for Australian citizenship.
In return, ENS Subclass Visa 186 holders are expected to fulfill certain obligations, including:
- Working for the nominating employer: Visa holders must work for the employer who nominated them for at least two years after visa grant.
- Complying with Australian laws and regulations: Visa holders must abide by all Australian laws and regulations while living in the country.
Frequently Asked Questions
Q: How long does the ENS Subclass Visa 186 application process take?
A: The processing time for the ENS Subclass Visa 186 varies depending on the stream and individual circumstances. On average, it takes between 6 to 12 months for a decision to be made. However, processing times may be longer for complex cases or if additional information is required.
Q: Can I include my family members in my ENS Subclass Visa 186 application?
A: Yes, you can include eligible family members, such as your spouse or de facto partner and dependent children, in your visa application. They will also receive permanent residency if your application is successful.
Q: What are the English language requirements for the ENS Subclass Visa 186?
A: Applicants must meet the minimum English language proficiency requirements, which include obtaining a certain score on an approved English language test, such as the International English Language Testing System (IELTS), Occupational English Test (OET), Test of English as a Foreign Language (TOEFL), or Cambridge English: Advanced (CAE).
Q: Can I switch employers while holding an ENS Subclass Visa 186?
A: ENS Subclass Visa 186 holders are required to work for their nominating employer for at least two years after the visa grant. After fulfilling this obligation, you may switch employers. However, if you wish to change your occupation or employer before completing the two-year requirement, you may need to apply for a new visa, such as a Temporary Skill Shortage (TSS) Visa (subclass 482).
Q: What happens if my employer terminates my employment before the two-year requirement is met?
A: If your employment is terminated before you complete the two-year requirement, you should inform the Department of Home Affairs as soon as possible. Depending on your circumstances, you may be given a period of time to find a new employer who is willing to nominate you for a new ENS Subclass Visa 186 or another appropriate visa. It is crucial to maintain a valid visa to continue living and working in Australia.
Q: Can I apply for the ENS Subclass Visa 186 if I am currently on a different visa?
A: Yes, you can apply for the ENS Subclass Visa 186 while holding another visa, such as a Temporary Skill Shortage (TSS) Visa (subclass 482) or a Student Visa (subclass 500). However, you must meet the eligibility criteria and follow the application process for the ENS Subclass Visa 186. It is essential to maintain a valid visa while your ENS Subclass Visa 186 application is being processed.
Q: Can I travel in and out of Australia while holding an ENS Subclass Visa 186?
A: Yes, the ENS Subclass Visa 186 allows visa holders to travel freely in and out of Australia. As a permanent residency visa, there are no travel restrictions, and you can enter and leave the country as many times as you wish.
Q: How can I check the status of my ENS Subclass Visa 186 application?
A: You can check the status of your ENS Subclass Visa 186 application by logging into your ImmiAccount on the Department of Home Affairs website. This online account allows you to track the progress of your application and receive updates on its status.