Expert Guide to Permanent Residency – Navigating Eligibility Criteria and Benefits
What is the Employer Nomination Scheme Visa?
The Employer Nomination Scheme (ENS) visa (subclass 186) allows skilled workers, nominated by their employers, to live and work in Australia permanently. This visa is an excellent opportunity for those who have the required skills and qualifications and are looking to settle in Australia. The ENS visa is divided into three streams: Direct Entry, Labour Agreement, and Temporary Residence Transition. Each stream caters to different types of applicants based on their work experience and the nature of their employment.
Benefits of the Employer Nomination Scheme Visa
The ENS visa offers numerous advantages for both the visa holder and their family members. Here are some of the key benefits:
Permanent Residency
One of the most significant benefits of the ENS visa is that it grants you permanent residency in Australia. This means you can live, work, and study in Australia indefinitely, providing long-term stability and security.
Pathway to Citizenship
Holding an ENS visa allows you to apply for Australian citizenship if you meet the eligibility requirements. Becoming a citizen gives you the right to vote, access to better job opportunities, and the ability to travel on an Australian passport.
Sponsor Family Members
With the ENS visa, you can sponsor eligible family members to come and live with you in Australia. This includes your spouse or partner and dependent children, ensuring that your family can stay together.
Access to Healthcare and Social Benefits
As a permanent resident, you will have access to Medicare, Australia’s public healthcare system. This provides you with essential health services and medical treatments. Additionally, you may be eligible for certain social security benefits.
Work and Study Flexibility
The ENS visa gives you the freedom to work for any employer in Australia and switch jobs without the need for additional visa approvals. You can also choose to further your education and gain new skills to advance your career.
Stability and Security
Being a permanent resident in Australia provides a sense of stability and security. You no longer need to worry about visa renewals or the possibility of having to leave the country. This stability can greatly enhance your quality of life and allow you to plan for the future with confidence.
Types of Employer Sponsored Visas
The Employer Nomination Scheme visa (subclass 186) provides three main pathways for skilled workers to achieve permanent residency in Australia: Direct Entry, Labour Agreement, and Temporary Residence Transition. Each stream has specific eligibility requirements tailored to different circumstances.
Direct Entry Stream
The Direct Entry stream is for skilled workers who are nominated by an Australian employer. This stream is particularly suitable for individuals who have not previously worked in Australia or have only been in the country for a short period.
Eligibility Requirements:
- Occupation: To qualify for this stream, your job must be listed on the relevant list of eligible skilled occupations. This ensures that your skills are in demand in Australia.
- Work Experience: You must have at least three years of relevant work experience in your occupation unless you qualify for an exemption. This experience should demonstrate your capability to perform the job effectively and should be at right skill level.
- Skills Assessment: A positive skills assessment from a recognized assessing authority is required, unless you are exempt. This assessment verifies that your qualifications and experience meet Australian standards for your occupation.
- English Proficiency: You must demonstrate competent English skills. This typically means achieving a certain score on an English language test, such as IELTS or TOEFL.
Labour Agreement Stream
The Labour Agreement stream is designed for workers employed by an organization that has a formal labour agreement with the Australian government. This agreement allows employers to sponsor skilled workers according to the terms specified in the agreement.
Eligibility Requirements:
- Employment: You must currently work, or have an offer to work, for an employer who has a labour agreement with the Australian government. This agreement outlines specific occupations and conditions under which workers can be sponsored.
- Age, Skills, and English: You must meet the age, skills, and English language requirements specified in the labour agreement. These requirements can vary depending on the terms of the agreement and the nature of the occupation.
Temporary Residence Transition Stream
The Temporary Residence Transition stream is for skilled workers who are already in Australia on a subclass 457, Temporary Skill Shortage (TSS), or a related bridging visa. This stream allows these workers to transition to permanent residency.
Eligibility Requirements:
- Current Visa: You must hold a subclass 457, TSS, or a related Bridging visa A, B, or C. These visas allow you to live and work in Australia temporarily.
- Work Experience: Typically, you should have worked for your employer full-time for at least two years while holding one of these visas. This demonstrates your long-term commitment and suitability for the role.
- Employer Nomination: Your employer must nominate you for this visa, and the nomination must have been approved within the six months before you apply.
Comparison of Employer Nomination Scheme Visa (Subclass 186) Streams: Stay Duration, Cost, and Processing Time
| Stream Name | Stay Duration | Cost | Processing Time (50%/90%) | Eligibility |
| Direct Entry | Permanently | From AUD 4,770.00 | 3 Months / 12 Months | Must be nominated by an Australian employerOccupation must be on the relevant list of eligible skilled occupationsMust have at least Competent English |
| Labour Agreement | Permanently | From AUD 4,770.00 | 81 Days / 11 Months |
The employer must have a labour agreement |
| Temporary Residence Transition | Permanently | From AUD 4,770.00 | 11 Months / 15 Months | Must hold a subclass 457, TSS, or related Bridging visa A, B, or CHave worked for the employer full-time for at least two yearsMust be nominated by the employer |
Understanding the Application Process for the Employer Nomination Scheme Visa
The application process for the Employer Nomination Scheme (ENS) visa (subclass 186) is straightforward but requires careful attention to detail. The steps involved in applying for this visa, including key requirements and considerations outlined below.
Step 1: Determine Your Eligibility
Before beginning the application process, it’s essential to determine your eligibility for the ENS visa. This involves assessing whether you meet the specific requirements for the stream you intend to apply under, such as the Direct Entry, Labour Agreement, or Temporary Residence Transition stream. Key factors to consider include your occupation, work experience, skills assessment, English proficiency, and sponsorship by an eligible employer.
Step 2: Gather Required Documents
Once you’ve confirmed your eligibility, the next step is to gather all necessary documents for your visa application. This typically includes personal identification documents, evidence of employment, educational qualifications, skills assessment results, English language test scores, and any other supporting documentation required by the Department of Home Affairs.
Step 3: Employer Nomination
In most cases, your application for the ENS visa will require nomination by an approved Australian employer. Your employer will need to lodge a nomination application on your behalf, providing details about the position being offered, the terms of employment, and the employer’s commitment to sponsoring you for permanent residency.
Step 4: Lodge Your Visa Application
Once the employer nomination has been approved/lodged, you can proceed to lodge your visa application. This is typically done online through the Department of Home Affairs’ ImmiAccount portal. You’ll need to complete the relevant visa application form, attach supporting documents, and pay the applicable visa application fee.
Step 5: Await Processing
After lodging your visa application, the Department of Home Affairs will begin processing your case. Processing times can vary depending on various factors, including the stream you’re applying under, the volume of applications, and the complexity of your case. It’s essential to check the current processing times regularly to stay informed about the progress of your application.
Step 6: Provide Additional Information (if requested)
During the processing of your visa application, the Department of Home Affairs may request additional information or documentation to support your case. It’s crucial to respond promptly and provide any requested information to avoid delays in processing.
Step 7: Visa Grant
Once your visa application has been processed and approved, you’ll receive notification of the visa grant. This will include details about your visa subclass, validity period, and any conditions attached to your visa. Congratulations, you are now granted the Employer Nomination Scheme visa (subclass 186), allowing you to live and work in Australia permanently!
Step 8: Travel to Australia (if applicable)
If you’re applying for the ENS visa from outside Australia, you can make arrangements to travel to Australia once your visa is granted. You’ll need to adhere to any entry requirements and conditions specified in your visa grant notice.
