Employer Nomination Scheme (subclass 186)
The Employer Nomination Scheme visa subclass is for skilled workers that are currently residing outside of Australia, or for skilled migrants who are currently living and working in Australia and are offered permanent employment by an employer.
This visa is a common pathway for 457/TSS visa holders who have the ability to transition to permanent residency after two or three years with their nominated employer.
Only occupations that are listed on the Medium and Long-term Strategic Skills List (MLTSSL) are eligible for sponsorship via the Employer Nomination Scheme (subclass 186).
This visa subclass has three streams:
- The Temporary Residence Transition (TRT) Stream – this is for subclass 457/TSS visa holders who have worked with their employer under a 457/TSS Visa for a minimum of two or three years (depending on your circumstances) and has been offered permanent employment by their employer.
- The Direct Entry (DE) Stream – this stream enables applicants in certain occupations to be sponsored directly for permanent residency. Applicants must have at least three years work experience, have a full skills assessment, posses Competent English and be nominated in an eligible occupation.
- The Agreement stream – this stream if for people being sponsored by their employer via a labour agreement or regional migration agreement.
The Employer Nomination Scheme visa has two stages:
First Stage – The Employer lodges a nomination for the applicant to work in their company, the nomination will include a specified occupation that is listed on the relevant legislative instrument, the terms and conditions of employment, and the businesses genuine need for the employee.
Second Stage – The Nominee then lodges an application for a visa to work permanently in the company they have been sponsored by.
Transitional Arrangements for Subclass 457 Visa Holders
Transitional arrangements are in place for subclass 457 visa holders that held or had applied for a subclass 457 visa prior to 18 April 2017 which was subsequently granted. These transitional arrangements will allow these visa holders to apply for Permanent Residency via the Temporary Transition Stream (TRT) if they are under 50 years of age, have been sponsored on any occupation and have completed at least two years with their sponsoring employer.
If you have any questions about these requirements, or would like to speak to one of our immigration lawyers for more information on Australian visas get in touch with Ethos Migration Lawyers today.