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EMPLOYER NOMINATION SCHEME

This is a permanent residence visa for skilled workers sponsored by an Australian employer. It has 2 stages: 1. the employer nominates the employee for the permanent visa and, 2. once lodged, the employee applies for the Employer Nomination Scheme (Subclass 186).

THE EMPLOYER NOMINATION SCHEME SUBCLASS 186 (ENS) HAS 3 APPLICATION PATHWAYS

The Direct Entry Stream

To be eligible for grant of the subclass 186 ENS visa under the Direct Entry Scheme, you must

  • Have a formal skills assessment in the nominated occupation
  • Have 3 years work experience in the nominated occupation
  • Be nominated into an occupation on the (Medium Long Term Skill Shortage List) MLTSSL
  • Be under the age of 45 at the time of application unless you qualify for an exemption
  • Possess the appropriate English language skills (6+ in IELTS) at the time of application unless an exemption applies
  • Meet the necessary health and character requirements·

The Labour Agreement Stream –to be eligible, your employer must have a Labour Agreement with the Australian government and have negotiated a permanent visa pathway for nominated visa holders.

THE TEMPORARY RESIDENCE TRANSITION PATHWAY

457 to 186 Grandfathering Provisions for Temporary Residence Transition Pathway

For people in Australia that held or had applied for a 457 visa at 18 April 2017, have access to what the Department of Home of Affairs (DHA) have termed the ‘grandfathering provisions’. This means those 457 visa holders affected can transition to a permanent subclass 186 visa under the laws that were in effect at that that date: that is working 2 years of the last 3 years in the nominated occupation; under 45 ; 6+ in IELTS or other prescribed test.

APPLICATIONS FOR 457 & SUBCLASS 482 VISAS AFTER 18 APRIL 2017

Persons applying for, and granted, 457 visas or subclass 482 visas after this date must, when seeking to transition to the subclass 186 ENS Visa, meet law in effect at the time of application of the subclass 186 ENS visa application and their occupation must be on the Medium Long Term Skill Shortage List (MLTSSL).

To be able to qualify for this visa, you must:

IF YOU HELD A 457 VISA, OR HAD APPLIED FOR A 457 VISA, AT 18 APRIL 2017, YOU MUST –

  • Hold a 457 or subclass 482 visa , or subclass 444 visa
  • Be under the age of 50 at the time of application unless you qualify for an exemption
  • Have worked at least 2 of the last 3 years on the relevant visa in the nominated occupation for your nominating employer
  • Worked full time in Australia unless overseas work meets strict criteria
  • Possess the appropriate English language skills (6+ in IELTS) at the time of application unless an exemption applies
  • Meet the necessary health and character requirements

IF YOU APPLIED FOR A 457 VISA OR SUBCLASS 482 VISA AFTER 18 APRIL 2017, AND HAVE HAD THE VISA GRANTED , YOU MUST –

  • Hold a 457 or subclass 482 visa
  • Be working in an occupation on the MLTSSL
  • Be under the age of 45 at the time of application unless you qualify for an exemption
  • Be worked at least 3 of the last 4 years in the nominated occupation for your nominating employer
  • Worked full time in Australia unless overseas work meets strict criteria
  • Possess the appropriate English language skills (6+ in IELTS) at the time of application unless an exemption applies
  • Meet the necessary health and character requirements.
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why use

Turner Coulson Immigration Lawyers?

Employer Nomination Scheme (Subclass 186) are very complex applications and can be refused for a number of reasons. The Employer Nomination Scheme (Subclass 186) application also has strict criteria which all must be met and only very limited waiver provisions for age, English language and skill requirements exist.

It is essential that the visa application is assessed, structured and lodged in a way to satisfy all applicable law and policy. Turner Coulson (Immigration Lawyer Sydney) has years of experience handling the most complex cases and achieving positive outcomes in circumstances where the applicant would have failed if we were not involved.

We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.

What to do next and how to apply?

Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.

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Regulatory Authorities
Member of Migration Institute of Australia
Member of The Law Society of New South Wales
Turner Coulson Immigration Lawyers

Do you need urgent immigration advice or assistance?

Turner Coulson will help you out regardless of your situation, and Turner Coulson will make it a priority to get you the best outcome.

Turner Coulson Immigration Lawyers

We work with a passion of taking challenges and creating
new ones in Migration sector.

Turner Coulson are leading Sydney Immigration Lawyers and Migration Agents with over 30 years of experience in Migration Law, Visa Refusals, Visa Processing AAT and Federal Court Appeals. We will ensure you process your visa application formalities in the best possible way.

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Turner Coulson Immigration Lawyers

Unit 23/110 Bourke Rd Alexandria NSW 2015

Email

info@tcilawyers.com.au

FAX

+61 2 9724 2393

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