For skilled workers aiming to settle in Australia, employer-sponsored visas present a clear pathway to permanent residency. The ENS 186 visa is at the forefront of such options, offering two distinct pathways: the Direct Entry stream and the Temporary Residence Transition stream. Understanding the intricacies of these routes is crucial for both prospective applicants and sponsoring employers.
The ENS 186 Visa at a Glance
The Employer Nomination Scheme, ENS 186 visa allows skilled workers to obtain permanent residency in Australia. This visa requires an Australian employer to sponsor the applicant who must also meet specific skills, qualifications, and English language requirements.
Stream 1: Direct Entry
The Direct Entry stream of the ENS 186 visa is designed for skilled workers who have never, or only briefly, worked in the Australian labour market. It is also applicable to temporary residents who do not qualify for the Temporary Residence Transition stream. Applicants under this category typically need to undergo a skills assessment and prove they possess the necessary skills for their nominated occupation.
Stream 2: Temporary Residence Transition
In contrast, the Temporary Residence Transition stream is for 457 or TSS visa holders who have worked for their nominating employer in Australia for at least three years. This stream recognises the established relationship between the employer and employee, often providing a more streamlined application process.
Comparing the Two Streams
Eligibility criteria for these streams vary widely. The Direct Entry stream often necessitates a formal skills assessment, while the Temporary Residence Transition stream may waive this requirement. Additionally, the work experience criteria differ between the streams, impacting the accessibility for many potential applicants.
Age Exemptions and Transitional Provisions
There are age exemptions available in certain cases for both streams, providing flexibility for older skilled workers. Transitional provisions also exist for individuals who held or applied for a subclass 457 visa on or before 18 April 2017.
Employer Requirements
For employers, sponsoring a candidate under either stream requires them to demonstrate that they operate a genuine business and have a real need for the nominated position. They must also adhere to Australian labour laws and provide equivalent terms and conditions of employment to those offered to Australian workers.
Sponsorship Obligations
Beyond the visa application, employers have ongoing sponsorship obligations to uphold, including paying the Australian market salary rate and providing the same working conditions available to local workers. Additionally, employers cannot pass on costs associated with the sponsorship or nomination to the visa applicant.
Processing Times and Costs
Processing times for the subclass 186 visa can vary, with the Temporary Residence Transition stream typically processing faster due to previous work experience with the sponsoring employer. Costs associated with each stream differ depending on the circumstances of the application and can include the nomination fee, visa application charge, and other associated costs.
Choosing the Right Stream
Applicants must carefully analyse their individual circumstances, work history, and qualifications to determine which pathway aligns with their background. For employers, understanding the requirements and responsibilities associated with each stream is equally important.
Professional Assistance
Given the complexity of immigration law and the nuances of each visa stream, seeking professional advice is often crucial. Hannan Tew, an immigration firm with expertise in employer-sponsored visas, can provide invaluable guidance to both applicants and employers throughout the process.
Immigration Expertise
Immigration experts like Hannan Tew remain abreast of the latest legislative changes and can help navigate the legal framework surrounding the ENS 186 visa. With a profound understanding of both Direct Entry and Temporary Residence Transition streams, their insight can prove decisive in achieving a successful outcome.
Conclusion
In summary, the subclass 186 visa presents two distinct pathways for skilled workers seeking permanent residency in Australia through an employer sponsorship. Candidates and employers must carefully consider the eligibility requirements and obligations of the Direct Entry and Temporary Residence Transition streams. Specialist advice from seasoned immigration professionals such as Hannan Tew can be instrumental in preparing a robust application and fulfilling the complex requirements of the ENS 186 visa.
Final Thoughts
As the global landscape continues to evolve and skilled workers internationally seek new opportunities, employer-sponsored visas will remain a pivotal aspect of migration to Australia. Proper understanding and utilisation of these pathways can result in the realisation of one’s professional endeavours in a new and promising environment.