Employer Sponsored Visa 186 ENS AND RSMS

Permanent Employer Sponsored Entry – ENS and RSMS Visa Applications – Subclass 186

Australian Business Visa

Subclass 186 Permanent Visa  – Employer Sponsored Entry – ENS and RSMS Visa

The permanent employer sponsored entry (PESE) visa program consists of the following:

Employer Nomination Scheme (ENS)

Regional Sponsored Migration Scheme (RSMS)

The ENS for permanent residence to fill genuine vacancies in their business.

The ENS Visa 186 visa has three streams:

TEMPORARY RESIDENCE TRANSITION (TRT)

The TRT stream is for Temporary Skill Shortage (TSS) visa (subclass 482) visa holders or the Temporary Skilled (Work) visa (subclass 457) visa holders

ENTRY (DE)DIRECT

The DE stream provides employers with the opportunity to employ overseas workers This stream also accommodates ineligible TRT workers.

LABOUR AGREEMENT STREAM.

The Labour Agreement stream is for persons who are being sponsored by an employer who is a party to a labour agreement that is in effect.

TEMPORARY RESIDENCE TRANSITION (TRT) STREAM

  1. The TRT stream is for Temporary Skill Shortage (TSS) visa (subclass 482) visa holders or
  2. the Temporary Skilled (Work) visa (subclass 457) visa holders
  3. who have worked in the position for their employer for at least the last three years out of four years

Note: If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, you have worked for their employer for at least the last two years out of three years before being nominated under the TRT stream.

REQUIREMENT FOR TRT STREAM

What visa must be held if applicant onshore

Must hold a substantive visa or a Bridging visa A (BVA), Bridging visa B (BVB) or Bridging Visa C (BVC).

Combined Family Members application

Dependent child and spouse can lodge their application together with an application by the ENS

The applicant’s age

At the time of application, the applicant must have been under 45

English proficiency

the applicant must have competent English, IELTS 6 OR equivalent.

Skills

A skills assessment may be requested.

ENTRY (DE)DIRECT STREAM

The DE stream provides employers with the opportunity to employ overseas workers who are untested in the Australian labor market. This stream also accommodates workers within Australia who are ineligible for the TRT stream.

Skills assessment

Skills had been assessed as being suitable for the occupation. A skills assessment undertaken after the visa application does not meet visa requirements.

How many years work experience do I need

Three year of work experience

The age

the applicant must be less than 45 years old. DE age exemptions click here

English Proficiency

The applicant must have competent English, IELTS 6 OR equivalent.

186 VISA SKILL REQUIREMENTS -Skills Assessment

As at time of visa application, the applicant must provide evidence that their skills had been assessed as being suitable for the occupation.

A skills assessment undertaken after the submission of visa application does not meet visa requirements.

A positive skills assessment for an occupation should have the 6-digit ANZSCO code.

For example, a positive skills assessment for the occupation of :

ANALYST PROGRAMMER ANZSCO 261311 will not satisfy criteria as a skills assessment for an application specifying the occupation of DEVELOPER PROGRAMMER ANZSCO 261312, although it is in the same UNIT GROUP 2613 SOFTWARE AND APPLICATIONS PROGRAMMERS

The skills assessment must clearly show that the applicant had their skills assessed as suitable by the relevant assessing authority before the visa application.

However, skills assessments can be submitted after the visa application but the results of the assessment must have been obtained prior to date of visa application.

If a positive skills assessment is submitted for an occupation that:

  • is not the 6-digit occupation on the application but
  • is within the same 4-digit unit group

in limited circumstances there may be an option under policy for the applicant. In this situation, the applicant may request confirmation from the assessing authority that they would otherwise meet a skills assessment for the nominated occupation even though they gained an assessment for another occupation within the same 4-digit unit group.

For example, if:

and AHPRA is the assessing authority for both, the above policy may be applied. It is the applicant’s responsibility to correspond with the assessing authority in these cases. 

Am I eligible for a 186 visa?

  • Skills assessments Period

    Skills assessments are valid for 3 years from the date of the assessment.

    If more than 3 years has elapsed between the date the skills assessment was issued and the date on which the application was made, the assessment will not meet the requirements of 186 visa.

    Another is that the skills assessing authorities issue skills assessment specifying expiry dates, then it will be the stated date.

  • In the nominated occupation for 3 years

    At the time of application the applicant must have been employed for at least 3 years.

    The applicant must have worked full-time for at least 3 years however the period of work does not have to be continuous, or be immediately before the visa application was made.

  • Employment should be full time

    In order for the work to qualify as full-time, the applicant should have worked for at least 35 -38 hours per week.

    If work experience is to be expressed in full-time terms, for part-time workers this can be calculated pro-rata.

    For example, if the requirement is for 3 years of relevant full-time work experience, if part-time work is at 50% of a full-time load, the applicant must be able to demonstrate they have worked in that occupation on a part-time basis for 6 years.

English language requirement and exemption

You must demonstrate that you have the required English language – competent english proficiency for the visa and stream that you are applying for unless you are exempt.

Both the Temporary Residence Transition and Direct Entry streams, applicants are required to have at least competent English.

Unless you hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand or the Republic of Ireland as evidence that you are a citizen of that country, you will be exemption.

187 visa English exemption:

If you are applying for the 187 RSMS Visa

  • temporary Residence Transition stream only
  • have completed at least five years of full-time study in secondary or higher education
  • and the medium of instruction was delivered in English.
  • must at-least holding a Diploma or above to be eligible for this exemption.

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