186 - EMS - Employer Nomination Scheme

Initial Onboarding Process

In order to provide immigration advice and assistance, we will take you through the onboarding process before commencing. This will include a review of your current foreign population in addition to personalised advice and recommendations for you to implement any necessary changes.

Step 1 – Company nomination

A company nomination must be filed by an Australian employer. Nomination is the process of identifying a position to be filled by a foreign employee. For the nomination to be approved, the business must demonstrate the following.

● The business is lawfully operating in Australia

● There is a genuine need for the position to be filled on a permanent basis

● An employee will be paid in accordance with the Annual Market Salary Rate

● Evidence of good financial standing

Step 2 – Visa application

In order to apply for a Subclass 186 visa, an applicant must:

● meet applicable age requirements (that is, be under 45 unless exemptions apply).

● have relevant skills (in certain circumstances a skills assessment may be required.

● meet any health character or language requirements.

● hold applicable registration and licensing (see Advisory – Employers for further details).

There are three streams available to apply for an ENS Visa.

Stream 1 – Temporary Residence Transition stream

This stream is available to existing Subclass 457 visa or TSS visa holders who have worked for their employer on a 457 visa in the nominated role and for a prescribed period.

To qualify, an applicant must:

● be a primary Subclass 457/TSS visa holder; and

● hold registration, licensing or professional membership, if required for the specified occupation in the state or territory where work is being performed.

Stream 2 – Direct Entry stream

This stream is available for skilled workers from overseas. To qualify, an employee must:

● Have their skills assessed by a relevant skills-assessing authority; and

● Hold registration, licensing or professional membership, if required for the occupation in the state or territory where the work is being performed.

● The business will also be required to demonstrate that there is a genuine need for an employee to fill a position on an ongoing basis.

Stream 3 – Labour Agreement stream

This stream is available for businesses wishing to bring skilled workers from overseas who are eligible to secure a permanent role with an Australian employer, under a specified Labour Agreement. The terms and conditions of this stream in addition to the eligibility criteria are dictated by the specified labour agreement. Please visit Labour Agreements for further information.