How to Change Employer for a Pending ENS (Subclass 186) Visa
You have been nominated by your current employer and lodged your application for an Employer Nomination Scheme (ENS) (Subclass 186) visa, which is currently pending a decision. However, due to possible differences in perspective in the workplace, you are seeking to change sponsors. What can you do?
Step 1 - Gather Professional Advice
It is highly recommended that you research and compile all information from professional experts before taking any action. Speak with an immigration lawyer who specialises in this area for tailored advice and accurate guidance on your next steps to avoid any future consequences.
Step 2 - Notifying the Department
If you ever need to change key details of a visa application, one of your first steps should be to notify the Department of Home Affairs. The sooner that you inform them of any changes, the easier the process will be. If you do not inform them of any significant changes, there is a chance that you could be providing false or misleading information and subject to a Public Interest Criteria (PIC) 4020 visa ban in the future.
Step 3 - Lodging a new ENS (Subclass 186) nomination and Visa application
One of the criteria for changing a sponsor for your pending ENS (Subclass 186) application is that your position of employment is the same as the one listed in your visa nomination. If you wish to change employers, you will need to ask your new employer to lodge a new nomination. Your sponsor will need to meet the eligibility requirements for sponsorship, including:
Being able to pay the annual market salary rate (AMSR) for the position
Having a genuine need to fill the position
Having no adverse information against it
Paying the Skilling Australians Fund (SAF) levy
Once a new nomination is lodged, you will need to withdraw your previous visa application from your previous employer and submit a new visa application. Since your visa application is tied to the nominated position, you cannot use your new nomination to support your previous visa application.
Provided that the nominated occupation remains the same and that the only change made is the employer, you will not need to meet additional criteria when making a new visa application. You will, however, need to ensure that time-dependent criteria such as your skills assessment and English test results are still valid when making your new application.
Should I apply for a workplace justice visa?
If you have had to leave your previous employer due to an issue of workplace exploitation, you may wish to pursue a claim against them. By applying for a Workplace Justice Pilot (Subclass 408) visa, you can temporarily stay in Australia while your claim is heard. You will need to have your claim certified by an authorised body before you can be granted this visa. You can continue working under this visa as there are no restrictions on work rights.
There is a requirement to have held a substantive visa with work rights within 28 days or to hold such a visa with less than 28 days remaining. After your workplace exploitation matter has been finalised, you can apply for another substantive visa to remain in Australia further. You can reach out to schedule a time with one of our immigration lawyers to strategize a migration plan to meet your objective.
How Can Agape Henry Crux Help
If you are unsure of the process of changing sponsors for your pending ENS (SC186) visa application, seek professional and proper advice through a consultation with an Immigration Lawyer. Our Accredited Specialists in Immigration Law or our team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. 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.
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