If you’re on a 457 and looking to fast track your PR, the ENS Direct Entry pathway may be the option for you.

In the past fortnight, we’ve been out to visit several of our clients to discuss the changes to Australia’s 457 scheme with them and their affected staff.

We’ve been to ad agencies, software houses and public relations firms and the overwhelming feedback from both the companies and foreign staff is shock and confusion.

The shock has been that the Australian Government would act so unilaterally and if with no consultation. This is a common theme across the broader business community and it is leading to action by various industry groups.

The confusion is fundamentally personal and 457 visa holders in particular are struggling to understand where these changes leave them.

In all of our discussions, the majority of 457 visa holders want to know what their Permanent Residency options are now and that is where most of our time in the discussions has been spent.

Feedback here ranges from, “I’ll be fine, I had my 457 before the changes” through to “Should I pack my bags?”

So what is true? The short answer is that no one can say with certainty. From what little we do know, we understand that the Department of Immigration themselves are still working through the specifics of how to implement this policy.

If you have your two years on a 457 visa with the same employer already, then you should apply immediately for the ENS 186 Transitional because the way the previous changes have been enacted, the Government seems to have little regard for how people will be impacted. What this means is that we don’t think it’s safe to assume you will be fine to do this in the near to medium future.

What is the Direct Entry Pathway?

If you don’t have your two years yet, there is another pathway that you can commence immediately and that is the ENS 186 – Direct Entry route.

ENS 186 Direct Entry leads to the same visa as those who go through the process after 2 years in the same role on a 457. It’s just a way of bypassing the two year requirement but generally hasn’t been used because of the requirement for a skill assessment. Many people saw that as an unnecessary expense when they could simply do two years with their employer. However, it now appears to be (for the moment) the best way forward for many on a 457 visa.

The Skills Assessment Process

This pathway requires that the applicant must first get a Skills Assessment for their occupation. If you don’t get a successful one of those, then you can’t apply for the visa.

The skill assessing authorities vary from occupation to occupation, but for most people in the world of advertising and marketing, the relevant authority is VetAssess.

When you look at the Combined List of Eligible Occupations and look up your occupation, you will see the 6 digit ANZSCO code and also an acronym. That acronym is the assessing authority for that occupation.

There are a few things to recognise about the assessing authorities:

  1. They will charge you for this – whether your assessment is successful or unsuccessful. It is a major source of revenue for these authorities. You cannot shop around. They are the only ones who can grant the skill assessment.
  2. They will only assess you against the occupation you yourself provide. If you say your an Advertising Specialist, they assess you as an Advertising Specialist. If it turns out your actually a Marketing Specialist, they won’t tell you that. They will simply say you don’t have the skills of an Advertising Specialist. You would need to make an entirely new application.
  3. They are extremely thorough and demand a higher level of evidence than the Department of Immigration. It is not simply an online form. The supporting evidence must be authentic, verifiable and complete

Assessing Authority Timelines

Timelines vary however for the advertising and marketing industries (and recruitment also) VetAssess is now beyond 14 weeks. Given how many people will now be applying for this, it won’t take long before the assessment authorities have more applications than they can process before March 2018.

Applying for the ENS 186 Direct Entry

Once you have a successful Skills Assessment, you may then have the option of applying for ENS 186 Direct Entry.

There’s a few other criteria that you will also need to meet:

  1. This visa still requires the support of your employer because they must nominate you for the role
  2. Your occupation must be on either the Short-term Skilled Occupation List (STSOL) or the Medium and Long-term Strategic Skills List (MLTSSL). You can find the combined list here
  3. You will need to prove at least three years’ experience working in the occupation (not necessarily for the same employer)
  4. You will need to prove Competent English (an IELTS score of at least 6 in each test component) or be a Passport holder from certain countries

Direct Entry in the Future

This avenue will close to people whose occupation is on the STSOL from March 2018, which is why people should commence this process as soon as possible. The only way you will be able to apply for this in the future is if your occupation is on the Medium Term List.

After March 2018, employers must also pay a $3,000 or $5,000 levy for the Direct Entry option. Obviously this is another cost to business that they may not be willing to shoulder. And you can’t get your ENS 186 without the cooperation of the employer.

If you would like to find out more about the ENS 186 Direct Entry please don’t hesitate to get in touch with DMA Migration via info@dmamigration.com.au or by calling us on +61 02 8038 1854