Sponsored Permanent Visas (ENS/RSMS)

The Employer Nomination Scheme visa (subclass 186) is for skilled workers who want to work in Australia. This visa involves a two-step process, firstly, nomination by an approved Australian employer and then an application under the nominated stream. It is part of the Permanent Employer Sponsored Visa programme.

This visa is a permanent residence visa. You can be in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.

The two most popular streams are (note that the Labour Agreement stream is also available and is for people sponsored by an employer through a labour agreement):-

The  Temporary Residence Transition stream (TRT) is for subclass

457/TSS visa holders who have worked a number of years, while holding a subclass 457/TSS visa, in the same occupation with their nominating employer, who wants to offer them a permanent position in that occupation

Sponsored Permanent Visas (ENS/RSMS)

You may be eligible under this stream if you hold either of the following:

  • Temporary Skill Shortage (TSS) visa (subclass 482) – in the medium-term stream unless transitional arrangements apply
  • Temporary Work (Skilled) visa (subclass 457) – not granted under labour agreement arrangements  or
  • related associated Bridging visa

and have worked for your employer full-time in Australia on your TSS and/or subclass 457 visa(s) for at least:

  • three out of the previous four years (before the nomination is made) in the same position that they have nominated you for or
  • two out of the previous three years before the nomination is made, if transitional arrangements apply because you either held, or were an applicant for, a subclass 457 visa (which was subsequently granted) on 18 April 2017

The  Direct Entry stream  is for people who have been nominated by their employer under the Direct Entry stream or people who have never, or only briefly, worked in Australia, or temporary residents who do not qualify for the Temporary Residence Transition stream.

Have at least three years of  relevant work experience.

Have a positive valid skills assessment in your nominated occupation (the skill assessment must be conducted by the relevant assessing authority listed on the Medium and Long-term Strategic Skills List (MLTSSL) and Short-term Skilled Occupation List (STSOL).

There are other requirements for this permanent visa and the above outlines just some of those to make a compliant application.

Labour Agreement (LA) stream  is for employers wishing to sponsor you for permanent residence and has entered into a labour agreement with the Department that provides for a permanent residence pathway

Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and standard temporary or permanent visa programs are not available

Labour agreements are developed between the Australian Government (represented by the Department) and employers. They are generally in effect for five years and provide for visas to be granted under one or both of the following visa programs:

Regional Sponsored Migration Scheme visa (subclass 187) is a permanent residence visa for skilled workers who want to work in regional Australia. It allows you to work in Australia under one of two streams:

Temporary Residence Transition (TRT) stream This stream may be available if your employer wishes to sponsor you for permanent residence.

You may be eligible under this stream if you are the holder of a Temporary Skill Shortage (TSS) visa (subclass 482) or a Temporary Work (Skilled) visa (subclass 457) (not granted under labour agreement arrangements) or a related associated Bridging visa and you have worked for your employer for at least:

  • three out of the previous four years (before the nomination is made) in the same position that they have nominated you for or
  • two out of the previous three years before the nomination is made, if transitional arrangements apply because you either held, or were an applicant for, a subclass 457 visa (which was subsequently granted) on 18 April 2017.

Direct Entry (DE) stream is for people who have been nominated by their employer under the Direct Entry stream or people who have never, or only briefly, worked in Australia, or temporary residents who do not qualify for the Temporary Residence Transition stream

Contact us to book a consultation and discuss the above with our team

Useful tips

Grandfathering provisions exists for certain subclass 457 applicants. They affects subclass 457 visa holders that have had their occupations taken off the list, or now on the STSOL, or are over 45 but under 50 years old.

Further details can be viewed on this link: https://www.mcamigration.com.au/grandfathering-provisions-1-march-2018/