For Australian companies seeking to sponsor overseas workers under the Employer Nomination Scheme (ENS) (subclass 186 visa) program, it is important to understand the two available streams: Temporary Residence Transition and Direct Entry. This article aims to provide clarity on the differences between these streams, allowing companies to make informed decisions when nominating candidates for permanent residency.

Temporary Transition Stream:

The Temporary Transition (TRT) stream is designed for temporary visa holders who have already been working in Australia with their sponsoring employer.

To be eligible for this stream, workers must have held either a subclass 457 or Temporary Skill Shortage (TSS) (subclass 482) visa for a minimum of three years. This stream provides a direct pathway for temporary visa holders to transition to permanent residency.

Direct Entry Stream:

The Direct Entry stream caters to candidates who have not held a subclass 457 or TSS visa or have held it for a shorter duration.

Eligible applicants for this stream generally include those who have never worked in Australia before or have worked in the country for less than three years. Under the Direct Entry stream, there is no requirement for a minimum duration of employment with the sponsoring employer. However, applicants are required to have a minimum three years’ employment experience in their nominated occupation.

Key Differences in Eligibility Criteria:

In the TRT stream, visa applicants must meet certain criteria, including:

• Having worked for their sponsoring employer for at least three years in the previous four.
• Usually, applicants must be under 45 years of age at the time of application. Applicants are exempt from this criterion if any of the following applies:
  • The applicants is nominated as an academic (university lecturer or faculty head at Academic Level B, C, D or E) by a university in Australia
  • The applicant is nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
  • The applicant is a medical practitioner who has worked in your nominated occupation for at least 3 years as a 457 or 482 visa holder, and for 2 of those 3 years were employed in regional Australia, and the position is in regional Australia
  • As a subclass 457 or 482 visa holder, the applicant been working in the nominated occupation for the nominating employer for at least the last 3 years, and their earnings were at least as much as the Fair Work High Income Threshold for each year of that period,
  • Transitional arrangements: If the applicant held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, the applicant can still apply for this visa under 50 at the time of application.
• Satisfying the relevant English language requirement which requires demonstrating ‘competent’ English.
• Meeting health and character criteria.

In the Direct Entry stream visa applicants must meet the following criteria:

• Obtain a positive Skill Assessment from the relevant skills assessment authority.
• Usually, the applicant must be under 45 years of age at the time of application, applicants are exempt from this criteria if any of the following applies:
  • The applicant is nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
  • The applicant is nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
  • The applicant currently holds a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa and has worked for the employer, in the nominated position, for at least 2 years in the last 3 years immediately before applying. The 2 years excludes periods of unpaid leave.
• Satisfying the relevant English language requirement which requires demonstrating ‘competent’ English.
• Meeting health and character criteria.

Timeframe:

The TRT stream generally offers a faster route to Australian permanent residency for eligible temporary visa holders. The process is usually quicker because candidates already have Australian work experience and a history with their employer. However, it is important to note that timelines can vary depending on individual circumstances.

Conversely, the Direct Entry Stream involves a more comprehensive application process and may take longer to complete. Candidates in this stream typically need to undergo a rigorous skills assessment, which adds to the overall processing time.

Employer Nomination:

The employer nomination process is similar for both streams, involving the submission of relevant documentation, such as employment contracts and financial records, to support the nomination.

Employers must demonstrate a genuine need for the nominated position and their commitment to employing the candidate on a full-time basis.

Conclusion:

Understanding the differences between the TRT and Direct Entry streams of the Employer Nomination Scheme subclass 186 visa program is crucial for Australian companies sponsoring overseas workers for Australian permanent residency. By assessing individual circumstances and meeting the eligibility criteria for each stream, companies can make informed decisions while nominating candidates for Australian permanent residency.

It is recommended to seek advice from immigration law professionals to ensure compliance with all visa requirements and optimize the chances of a successful nomination and visa application.

For advice regarding sponsoring overseas workers, please do not hesitate to contact us at info@hartmanimmigration.com.au for Australian immigration assistance.

Disclaimer:

The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.