The Employer Nomination Scheme allows Australian businesses to sponsor foreign workers for permanent residency.

Path Migration is a niche law firm focused on personal and business migration matters.

Australian businesses can nominate foreign workers for permanent residency under threestreams: Direct Entry, Transition Stream or Labour Agreement.

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Overview

Employer Nominated Visa

The Employer Nomination Visa (Subclass 186) allows visa holders to transition to permanent residency in Australia. It is possible to incorporate dependent family members as well. The eligibility for this visa depends on several factors including the occupation, age and salary of the applicant. The benefit of the ENS Visa is that the transition to permanent residency is not dependent on the applicant's points (e.g. GSM Visa). Rather, it depends on the business need for the applicant to be a permanent resident.

Suitable Business

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  • Suitable for businesses that have been operating for over 2 years
  • Suitable for overseas businesses that wish to operate in Australia
  • Suitable for businesses with strong financial statements
ENS Streams

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  • Temporary residency stream
  • Direct entry stream
  • Labour market stream
Nomination Requirements

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  • The nominating business must have a genuine need for the visa applicant.
  • The business should be able to present a strongprofit-and-loss statement and balance sheet.
  • The business should have the assets to pay the applicant's salary.
Visa Requirements

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  • The visa requirements are dependent on the stream. The applicant should satisfy English proficiency requirements, work experience and age requirements before the lodgement of the visa.

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Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Employer Nominated VISA

General Eligibility

The eligibility criteria is as follows

  • The applicant must be nominated by their employer
  • The applicant must be paid the market salary for their position
  • The applicant must be performing the nominated role
  • The position must be within the scope of the business
  • The applicant must satisfy character and health requirements
  • The applicant must be under 45 years of age; certain exemptions may be requested

There are three streams under the Employer Nomination Scheme Visa (Subclass 186) for which you can apply.
The general liability criteria for each stream include:

1. Temporary Residence Transition Stream
  • You must have spent at least 3 years working full-time for your employer in the same position whilst holding a 482/457 visa.  
  • Employer nomination is required.  
2. Direct Entry Stream
  • You have a positive skills assessment in the nominated occupation and have at least 3 years of full-time experience
  •   Obtain a nomination from an Australian-based company.  
3. Labour Agreement Stream
  • Work for your nominated employer, who is a party to a labour agreement, at the moment or in the future.
  • Meet the standards of the labour agreement for age, abilities, and English proficiency.
Employer Nominated Visa

Temporary Residence Transition Stream

TheTemporary Residence Transition (TRT) Stream, which is a component of theEmployer Nomination Visa (Subclass 186), enables foreign workers to settle permanently in Australia after having held a temporary visa. To qualify for this visa, you must fulfil several requirements and must first receive a nomination. You can only be granted a Temporary Residence Transition Stream Visa if you have recently been nominated for another visa in Australia. To be eligible for a TRTVisa (Subclass 186), you must hold a 457 Visa or a Temporary Skill Shortage (TSS) Visa.

Temporary Residence Transition Stream

TheTemporary Residence Transition (TRT) Stream, which is a component of theEmployer Nomination Visa (Subclass 186), enables foreign workers to settle permanently in Australia after having held a temporary visa. To qualify for this visa, you must fulfil several requirements and must first receive a nomination. 

You can only be granted a Temporary Residence Transition Stream Visa if you have recently been nominated for another visa in Australia. To be eligible for a TRTVisa (Subclass 186), you must hold a 457 Visa or a Temporary Skill Shortage(TSS) Visa.

Eligibility

To be eligible for a Temporary Residence Transition Stream Visa (Subclass 186), you must fulfil the following requirements:

  • Must be 45 years or younger.
  • You worked for your sponsor for 3 of the 4 years before applying for a visa (under Visa 457 or 482).
  • The same employer who sponsored your prior temporary work visas is the one who has nominated you.
  • You satisfy the English proficiency requirements.
  • If you did not hold a 457 Visa as ofApril 2017, the nominated position is on the list of skilled occupations.
  • The job for which you have been nominated shares the same four-digit ANZSCO code as the one you held a Visa 457or Visa 482.
  • You have signed or will sign a contract for at least 2 years (but not limited to only 2 years)
English Proficiency Requirements

There are several English language proficiency exams you may take. To qualify for aShort-Term TSS Visa Stream, you will need to obtain the following results:

  • Occupational English Test (OET): A minimum grade of "B" across all four categories
  • International English LanguageTesting System (IELTS): A minimum of 4.5 for each of the four components and an average score of 5
  • Pearson Test of English Academic(PTE Academic): A minimum of 30 for each of the four components and an average score of 36
  • Cambridge C1 Advanced Test (CAEAdvanced): A minimum overall test score of 154 with a minimum of 147 in each band
  • Test of English as a ForeignLanguage Internet-Based Test (TOEFL IBT) total score of 35 with at least 3 forListening, 3 for Reading, 12 for Writing and 12 for Speaking

YourVisa 186 application includes the results of your English language proficiency test. However, the results cannot be older than 3 years from the date you submit your visa application.

Exemptions from the age
  • You have received a nomination from a scientific government organisation in Australia to serve as a technical specialist, researcher, or scientist at ANZSCO skill level 1 or 2.
  • An Australian university has put your name forward for an academic appointment, such as a faculty head or lecturer at academic levels B, C, D, or E.
  • You had a job for 3 years with aVisa 457 or Visa 482, and you made at least AUD $153,600 yearly (the Fair WorkHigh Income Threshold as of June/July 2021).

There are no exceptions to the English language requirement for the Visa 186Temporary Residence Transition Stream as of November 2019.

Requirements for Nominators
  • They must not have any unfavourable circumstances or cases connected to their enterprise.
  • Their enterprise must be legitimately established.
  • The sponsoring company must offer a full-time role that will last for at least 2 years (the contract must not limit the position to only 2 years).
  • The company must demonstrate that they truly need to hire the applicant for the suggested role.
  • The nominators are the same sponsors who supported the applicant during the holding of a Visa 457 or Visa 482.

If for any reason, the ownership of the business changed while you were holding aVisa 457 or Visa 482, you may still qualify for a Visa 186. Additionally, the time you spent working for a different employer as a result of a change in ownership may be included in your work experience.

Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Employer Nominated Visa

Direct Entry Stream

The Direct Entry Scheme allows you to apply for permanent residency if you are nominated by your employer. A key requirement is that you must obtain a positive skills assessment and have at least 3 full-time work experiences.

Eligibility

The eligibility for the Direct Entry Scheme includes:

  • Your occupation of work is included on the occupation list.
  • You have been employed in the nominated occasion for at least 3 years.
  • You must receive a positive skills assessment for the nominated occupation.
  • You receive a nomination from a sponsor in Australia.
  • You are 45 years of age or younger.
Skills Assessment

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  • You must submit a skill assessment report to participate inthe Direct Entry Scheme.
  • When you apply, your skills must be valid. The assessment isvalid for 3 years after the date of issue if an expiration date has not beenspecified by the relevant authority.
  • The skills evaluation must demonstrate that your skills were determined appropriate by the relevant assessing authority no later than the day the visa application was made.
  • Skills evaluations may be submitted after a visa application has been made, but the results of the evaluation must be obtained before the application deadline for the visa.
Exemptions

If you meet the following criteria, you are exempt from the age restriction, skill evaluation, and job experience requirements:

  • You were nominated for a scientist, researcher, or technical specialist position by a scientific government organisation in Australia.
  • A university in Australia nominated you for an academic position, such as a university lecturer or faculty head atAcademic Level A, B, C, D, or E.
Requirements for the Nominator

The nominator must also fulfil certain prerequisites to qualify for the Visa 186 Direct Admission Stream:

  • The nominator must not have any unfavourable circumstances or cases connected to their enterprise.
  • Their business must be legitimately established and pending tax obligations must be completed.
  • The sponsoring company must offer a full-time role that will last for at least 2 years (the contract must not limit the position to only 2years).
  • The sponsoring company must demonstrate that they truly need to hire the applicant. When they submit their nomination application, they must pay the skilling Australian fund charge.
Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Employer Nominated Visa

Labour Agreement

Labour agreements are made between the Australian Government and Australian business owners, permitting the Australian business to sponsor foreign employees with specialised talents during a labour shortage. Labour agreements are complex visa options but provide significant flexibility to the nominator when hiring overseas employees.

Labour Agreement Categories

These are the 5 different labour agreement categories:

  • A company-specific labour agreement
  • A designated area migration agreement
  • A project-specific agreement
  • An industry labour-related agreement
  • International talent employer-sponsored agreement

Your sponsor in Australia must be a member of any of the aforementioned labour agreements.

Eligibility

 You must satisfy the following conditions for it

  • You currently work for or will soon work for a party to a labour agreement.
  • You are younger than 45 years of age (unless the labour agreement specifies otherwise).
  • You presently hold a Temporary Skill Shortage Visa obtained following a labour agreement (if you are in Australia).
  • You have at least 2 years worth of experience in the field.
  • You have the sponsorship of an authorised employer.
Requirements for the Nominator

Sub-header

  • They must not have any adverse circumstances or cases connected to their enterprise.
  • Their enterprise must be legitimately established.
  • The sponsoring company must offer a full-time role that will last for at least 2 years (the contract must not limit the position to only 2 years).
  • The sponsoring company must demonstrate that they truly need to hire you for the suggested role.
Benefits of the Labour Agreement

Sub-header

  • You can permanently reside, work, and/or study in Australia
  • The labour agreement allows applicants that could not satisfy the requirements of the Skilled Visa option to apply for permanent residency. For example, applicants can seek age exemptions and occupation exemptions under the labour-hire stream.
Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Visa Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Genuine Temporary Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Assessment Level of Education Providers

The assessment level of the education provider is an important. consideration when applying for a Student Visa.

The Department allocates assessment levels to all education providers. Assessment level 1 providers are considered low-risk for visa applicants. t the time of visa application it is important to consider the assessment level of the education provider and country when lodging a student visa. Please contact us for further information about understanding assessment levels.

Overview

Student Visa

Studying in Australia unlocks an array of doors and opportunities. As an international student, studying at one of Australia’s top universities and programs not only gives you access to premium education but an opportunity to live and experience life the Australian way.  

A Student Visa (Subclass 500) allows international students to partake in a full-time course and work in Australia. After the completion of studies, the student visa can lead to permanent residency.

Beneficial Features of a Student Visa

Once you acquire a Student Visa, you are eligible for certain benefits:

  • You may work up to 40 hours per fortnight.
  • Upon successful completion of your higher education course, you are eligible for a 2-year work visa.
  • You can be eligible for extra points that count towards your permanent residency(PR).
  • You may be eligible for Streamlined Visa Processing. This involves lesser paperwork and reduced processing time.
Genuine Temporary
Entrant

The Genuine Temporary Entrant (GTE) application is an important document for obtaining a Student Visa. In this form, you will be required to provide details such as

  • Previous study and if you have any study breaks.
  • Employment undertook after your studies and potential employment opportunities after completing your studies in Australia.
  • Reasons to return to your home country after the completion of your studies, for example, family, job opportunities and social ties.
Visa
Eligibility

To qualify for a Student Visa (Subclass 500), you must fulfil the following criteria

  • Enrol in an Australian institute as a full-time student.The course must be registered on the Commonwealth Register of Institutions and courses for Overseas Students (CRICOS).
  • Meet the English proficiency requirements. You have to take a proficiency test before applying for your visa
  • Have Overseas Student Health Cover (OSHC) throughout your stay in Australia.
  • Have access to a sufficient amount of funds that can cover your cost of living in Australia.
  • Pass the relevant health and character criteria.
  • Provide a filled and signed Genuine Temporary Entrant (GTE)application form, confirming that the purpose of your stay in Australia is toreceive an education.
Assessment Level of Education Providers

The assessment level of the education provider is an importantconsideration when applying for a Student Visa.

The Department allocates assessment levels to alleducation providers. Assessment level 1 providers are considered low-risk forvisa applicants. t the time of visa application itis important to consider the assessment level of the education provider andcountry when lodging a student visa. Please contact us for further informationabout understanding assessment levels.Do we need to add more information here?

PROCESS

Our Visa Application Process

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FAQ’S
Frequently Asked Questions
Which courses will my Student Visa cover?
How long are my English proficiency test scores valid?
What is the processing time for my visa application?
As an applicant, what if I am under 18 years of age? 
Is it mandatory to undertake an English language proficiency test? 
What is ELICOS?
Can I work if I hold a Student Visa? 

Your Guide to Australia

With the excitement of beginning your Australian journey follow a barrage of questions, doubts and preparation requirements.

To make life slightly easier, Path Migration has prepared an extensive starter guide that will give you an idea of Australia and how to prepare for your journey.

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