Employer Nomination Scheme (ENS) — Subclass 186
Statutory definition
The Employer Nomination Scheme visa (Subclass 186) is prescribed in Schedule 2 to the Migration Regulations 1994 (Cth). The three streams — Direct Entry, Temporary Residence Transition, and Labour Agreement — each have distinct criteria for nomination and visa application.
Explanation
The Subclass 186 ENS grants permanent residence to workers who are nominated by an approved Australian employer for a position in a skilled occupation.
The three streams:
- Temporary Residence Transition (TRT) stream — available to holders of a Subclass 457 or 482 visa who have worked for the nominating employer for at least three years in the nominated occupation; no skills assessment required in most cases
- Direct Entry (DE) stream — for overseas workers or temporary visa holders who do not qualify for TRT; requires a positive skills assessment and at least three years of work experience
- Labour Agreement stream — for workers sponsored under a labour agreement between the employer and the Australian Government
How this term is used
An employer must be an approved ENS sponsor (or have an approved labour agreement) before lodging an ENS nomination. The nomination and visa application may be lodged concurrently or separately. The salary paid must meet the Temporary Skilled Migration Income Threshold (TSMIT) and be at least the equivalent Australian salary for the occupation.