ENS Subclass 186 Visa Compliance: Licensing and Registration Requirements

The Subclass 186 (Employer Nomination Scheme) (ENS) visa allows skilled workers nominated by an employer to live and work in Australia permanently. One key criterion for this visa is that the applicant must hold a license or registration if it is mandatory for their nominated occupation at the time of application. 

What is Mandatory Licensing and Registration for ENS (Subclass 186) Visa? 

Definition of “Mandatory”

For licensing, registration, or professional membership to be considered mandatory for visa purposes, the following criteria must be met: 

1. Universal Requirement: Every person working in that occupation must be required to obtain some form of registration, licensing, or professional membership. 

2. Non-Mandatory: If individuals can work in the occupation without such registration (even under supervision), it is not considered mandatory for visa purposes. 

What are the Conditions for Compliance?

If registration, licensing, or professional membership is deemed mandatory, the following conditions apply: 

• The registration or license must not impose additional requirements that limit the applicant's ability to perform the full range of tasks in their occupation. 

• The applicant must not require further training or on-the-job supervision to fulfil their role. 

Specifically: 

• Conditional or Provisional Registration: Applicants who hold conditional or provisional registration that mandates additional training or supervision do not meet the requirements.

• Continuing Professional Development: Applicants who meet ongoing professional development requirements associated with full registration or licensing satisfy the criterion. 

Is a Waiver Available for the Requirements For an ENS Visa?

No, not in any circumstances if the mandatory registration, licensing or membership requirements apply. 

How do you determine if you must comply with your occupation's licensing and registration requirements for the Employer Nomination Scheme (Subclass 186) visa?

Follow the Step-by-Step Process

1. Consult the ANZSCO Directory: The Australian and New Zealand Standard Classification of Occupations (ANZSCO) is the starting point for understanding registration and licensing needs. It outlines requirements at the Unit Group level for various occupations. 

2. State/Territory Legislation: Licensing and registration are typically governed by State or Territory laws, making it essential to consult relevant local industry or occupational legislation specific to the state where the position is located.

3. Industry Regulations: Depending on the industry, specific regulations may dictate the licensing and registration requirements. This can vary widely, so it's important to check with the relevant professional bodies or industry associations. 

What are the Eligibility criteria for Registration, Licensing, or Membership?

To be considered eligible for registration, licensing, or membership, an applicant must meet two essential criteria: 

1. Fully Assessed: Applicants must have satisfactorily completed all required assessments set by the relevant body. 

2. Confirmation of Eligibility: The relevant body must confirm that the applicant can hold the registration, license, or membership. This means that the applicant's provisional status must be upgraded to full or general registration by the relevant industry body. 

How Can Agape Henry Crux Help  

Applying for an ENS Subclass 186 Visa can be complicated and confusing. Understanding the requirements for licensing and registration is one step to ensure that you meet all the necessary eligibility conditions. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.  

We speak fluent English, Mandarin, and Malay. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.