The Employer Nomination Scheme (Subclass 186) is the primary employer sponsored visa which results in Australian permanent residency. This scheme includes three streams, which are:
- Temporary Residence Transition (TRT);
- Direct Entry (DE); and
- Labour Agreement.
Similar to the Temporary Skill Shortage (Subclass 482) scheme, the Employer Nomination Scheme (Subclass 186) is a two-stage process. The sponsoring employer submits a ‘Nomination application’ and the visa applicant submits their ‘Visa application’.
By nominating employees for Australian permanent residency, the scheme provides a fantastic opportunity for employers to secure a long-term employee for skill shortages in their industry.
Each stream has its own set of pesky legislative requirements, which Unite Migration break down simply and take care of efficiently for you.
One of the primary requirements for the Subclass 186, is that the visa applicant must have an occupation on the Medium to Long Term Strategic Skilled List (MLTSSL). The MLTSSL is one of the three occupation lists provided by the Department of Home Affairs. You can read more about the MLTSSL here: https://www.anzscosearch.com/mltssl/
So, what is the difference between the streams available?
Temporary Residence Transition (TRT):
The TRT stream is available to visa applicants who have held a Temporary Skill Shortage (TSS) (Subclass 482) visa for at least three years. During this time, they’ve also worked for their sponsoring employer in their nominated occupation.
Direct Entry (DE):
The Direct Entry Stream is slightly more complex. The visa applicant isn’t required to have previously been sponsored for a TSS (Subclass 482) visa, but is required to demonstrate their skill at a more intensive level.
Under this stream, visa applicants are required to undertake a skill assessment with the relevant authority for their occupation, and demonstrate three years of full-time relevant, skilled experience. For example, a Software Engineer (ANZCO code 261313) wishing to apply for permanent residency under the Direct Entry stream will need to lodge a skills assessment with the Australian Computer Society (ACS) evidencing their skills, experience and qualifications. The ACS will review the evidence and determine whether or not the applicant meets the criteria for skilled migration. The applicant must receive a positive skills assessment before they are able to lodge their visa application.
Labour agreements enable business sponsors to sponsor skilled employees from overseas when there is a demonstrated need that cannot be met in the Australian labour market or where standard temporary or permanent visa programs are not available. Certain businesses undertake the process of implementing a labour agreement. This is due to the nature of their industry and their requirement to have a consistent number of employees at a certain skill level in different occupations. A common example is Religious institutions in Australia. They tend to have labour agreements in place to ensure Ministers of Religion are readily available when required and can remain in Australia over a number of years. Provided the labour agreement stipulates there’s an avenue to permanent residency available, then sponsoring employers may elect this stream.
Employer Nomination Scheme (Subclass 186) is an excellent avenue to retaining skilled staff and for applicants to secure permanent residency in Australia. Contact Unite Migration to obtain an eligibility assessment for this visa.