Employer Nomination Scheme (ENS) Visa - Subclass 186 Visa - Labour Agreement Stream
The purpose of the subclass 186 - Employer Nomination Scheme (ENS) visa is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.
LABOUR AGREEMENT STREAM REQUIREMENTS
Employer
The business seeking to employ you must:
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still be actively and lawfully operating in Australia
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be party to a Labour Agreement in effect with the Commonwealth of Australia
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genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
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be compliant with Australian immigration and workplace relations law
Position
The position to be filled must:
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be full-time and available for at least 2 years from the time your visa is granted
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be an occupation included on your current employer’s Labour Agreement
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have a salary that is:
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at least AU$73,150 per year (excluding any non-monetary benefits), unless a concession is provided in the Labour Agreement AND
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at least the annual market salary rate (AMSR) for your nominated occupation
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NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than AU$73,150 per year unless a concession applies.
The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.
You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.
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be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.
Visa Applicant
As the visa applicant, you must:
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generally have held one of the following visas, issued under your employer’s Labour Agreement, to work on a full-time basis in the nominated position (or a very closely related position) for your employer in Australia:
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subclass 457 Temporary Work (Skilled) visa OR
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subclass 482 Temporary Skill Shortage (TSS) visa
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Note: Specific visa and applicant requirements may be stated in the Labour Agreement.
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be genuinely performing the tasks of your nominated occupation and have worked in the occupation for the period required by the Labour Agreement
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have competent English (unless a concession applies) i.e.
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hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
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an IELTS test score of at least 6 in EACH test component OR
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an OET test score of at least B in EACH test component OR
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a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
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a PTE Academic test score of at least 50 in EACH test component OR
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a Cambridge C1 Advanced test score of at least 169 in EACH test component
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NOTES: In each case, the test must have been undertaken within the last three years.
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be under 45 years of age (unless a concession applies)
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meet any mandatory licensing, registration or professional membership requirements
satisfy the relevant health and character criteria
APPLICATION PROCESS
Stage 1: Nomination Application >
This application is lodged with the Department of Home Affairs (the DOHA) on behalf of your employer, and relates to the skilled position that you have been offered, which must meet the requirements referred to above. Your employer is required to supply documents to the DOHA in support of this application, the nature and extent of which will vary depending upon the particular circumstances of the business.
Skilling Australians Fund Levy
Businesses who are approved to sponsor overseas workers for SESR visas MUST comply with certain obligations imposed by the DOHA. These obligations are designed to protect overseas workers from exploitation, and to ensure that the visa program is used correctly.
Employers must pay a one-off Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination lodged with the DOHA. The amount payable varies based on the employer’s annual turnover:
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For employers with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$3,000 per nomination.
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For employers with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$5,000 per nomination.
The SAF levy must be paid upfront, at the time that the nomination is lodged.
Please contact our office for further information regarding the SAF levy
Stage 2: Visa Application >
Your visa application is lodged with the DOHA either at the same time as the nomination application, or within six months of the DOHA’s approval of the nomination. The main criterion is that you fulfil the above requirements, including the standard health and character checks.
Skills Assessment Application
BEFORE lodging your visa application, you must apply to have your skills (qualifications and/or work experience) formally assessed, to show that they are to the level required to undertake the nominated skilled occupation.
For each occupation listed on the MLTSSL, the DOHA has specified an assessing authority that may carry out skills assessments for that occupation. Only a skills assessment conducted by the relevant assessing authority will be accepted by the DOHA in support of a visa application.
If you have not already obtained an acceptable skills assessment for your occupation, we can apply for this assessment on your behalf. This involves determining the correct authority to carry out your assessment; providing you with a full list of the information and documents required to support your application; preparing the application; and lodging it with the relevant authority for assessment. Please note that we charge a separate professional fee for this service. An assessment fee is also payable to the skills assessing authority.
Please contact our office for further information regarding the SAF levy.
Once the DOHA has approved both applications, you will be granted a permanent subclass 186 - Employer Nomination Scheme visa. You may be in Australia or outside Australia when your visa is granted.
PLEASE NOTE: We estimate that it may take several weeks to prepare and lodge your application, with the time taken largely dependent on how promptly you and your nominator provide us with the necessary supporting information and documents.
The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Please contact us for current information regarding likely processing timeframes for this type of application.
This Fact Sheet contains general information only. We strongly recommend that you seek specific guidance from us that is relevant to your circumstances before taking any further action.
Do you have additional questions regarding the subclass 186 - Employer Nomination Scheme visa? Please feel free to contact us by email at admin@dojolegal.com.au, or by phone on ++61 02 9138 0688 to arrange a paid consultation.