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186 ENS Visa

The Subclass 186 ENS visa (Employer Nomination Scheme visa) is one of a number of permanent residency permits, with a prerequisite that the applicant must have been sponsored by a nominating employer.

Applications for the 186 visa can be made under three distinct streams: the Transition stream, the Direct Entry stream, and the 186 Agreement stream.

In order to be eligible:

  • your occupation must be specified on the 186 Visa Occupations list
  • you must score at least IELTS level 6 (or equivalent) for each component of the English language requirements
  • you must be aged no more than 45 when applying to the Direct Entry stream, or 50 for the Temporary Residence Transition stream

Please note recent amendments to the ENS and RSMS visas, including the addition of a requirement to prove the authenticity of the nominated position, and the removal of the English language requirements providing that the applicant would earn over $180,000.

Am I eligible for a 186 visa?

The subclass 186 Employer Nomination Scheme (ENS) is intended to give employers in Australia the opportunity to bring suitably skilled workers into the country to take up highly skilled positions when they are unable to do so by relying solely upon the Australian labour market.

Guidance for Employers

Businesses intending to sponsor applicants for a 186 visa must:

  • be actively and lawfully operating in Australia
  • have a legitimate need to fill the position they intend the 186 applicant to fill
  • be able to employ applicants in the sponsored position for a minimum of 24 months

Related: 

Employer Nomination Scheme (Subclass 186)

What is a Subclass 186 Visa?

  • Subclass 186 visas provide permanent residence for skilled employees who have been nominated for a specific role by their employer.
  • The Employer Nomination Scheme (ENS) is the name for the wider program that enables Australian employers to bring in skilled workers from abroad on 186 visas.
  • Applications for 186 visas require the submission of sponsorship by the potential employer and an application from the foreign worker.
  • Applications for a 186 visa can be submitted from inside or outside of Australia, though applicants already in Australia must either hold an existing valid visa or a bridging visa A, B, or C.
is my business eligible to sponsor under the 186 ENS visa scheme?

Eligible Positions

The position intended to be filled by the overseas worker must:

  • be a full-time job lasting for a minimum of 24 months from the point the visa is granted
  • have been offered a role with a minimum salary of $70,000 per annum AND no less than the market rate for that type of role
    • Applicants are exempt from the market rate requirement if their salary is greater than $250,000 per annum
  • be in a qualifying occupation from Australia’s Medium and Long-term Strategic Skills List (MLTSSL)
    • NB: Applications on the basis of certain occupations from the list will be subject to supplementary requirements such as salary or type of business
  • be taking up employment under conditions that are as favourable to the employee as would be offered to an Australian undertaking similar work for the same employer and in the same location
  • prove (unless exempt) they have sufficient English language skills, either by being a citizen of certain majority English-speaking countries, or by holding one of the following qualifications (no older than three years):
    • IELTS test with a minimum score of 6 in every component
    • OET test with a minimum score of B in every component
    • PTE test with a minimum score of 50 in every component
    • CAE test with a minimum score of 169 in every component
    • TOEFL iBT scores of at least 21 in writing, 18 in speaking, 13 in reading and 12 in listening

In addition, applicants must:

186 ENS VISA APPLICATION PROCESS

Stage 1: Nomination Application

Applications are first registered on behalf of your employer with Australia’s Department of Home Affairs (the DOHA). Your employer will be required to provide the DOHA with documents to support the application and pay a Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination. The exact fee will depend on the turnover of the sponsoring business.

Note: In the event that the nomination is approved before the actual visa application, the prospective employee must submit their application within no more than six months of the nomination’s approval.

Stage 2: Visa Application

Separate to the nomination, the prospective employee must submit their visa application to the DOHA. This can be done at the same time as the nomination application or within six months of the nomination’s approval. Applications must still meet the eligibility criteria above even if the nomination has already been approved by the DOHA.

Once both the nomination and visa application have been approved by the DOHA, a permanent subclass 186 visa will be issued to the applicant.

Skills Assessment Application

NB: Before a visa application is made to the DOHA, applicants must submit a request to an appropriate assessment authority to have their skills, qualifications and/or work experience assessed.

Each type of occupation on the MLTSSL has a specific assessing authority that applicants must approach before their application for a 186 visa can be approved. These authorities are the only ones authorised by the DOHA to consider 186 applicants’ skills and experience for a sponsored role.

We can assist with an application for a skills assessment if you have not already submitted a request for one. We will help identify the correct authority for the role you intend to fill, specify what documents and certificates you require to be assessed, and lodge the application itself on your behalf. We charge an additional fee for this service – this is on top of the assessing authority’s own fees.

THREE STREAMSTransition StreamEnglish for 186 TransitionDirect StreamEnglish for 186 direct streamEmployer requirementsOther Requirements Age exemptionsEnglish exemptions
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Employer Nomination Scheme (ENS186 Visa)

There are 3 main application streams for this visa

1.    The Temporary Residence Transition stream is intended for individuals who currently hold either a 457 or TSS 482 visa, who have already worked for two or three years on a Medium term TSS visa), and who wish to take up a permanent position in the same occupation for their nominating employer.

2.    The Direct Entry stream is intended for individuals who have a formal qualification and at least three years’ work experience in an occupation on the 186 Visa occupations list (Direct Entry), but who have not already worked for two years on a 457 or TSS 482 visa.

3.    The Agreement stream is intended for individuals who have received sponsorship from an employer via a labour agreement

TEMPORARY RESIDENCE TRANSITION STREAM – REQUIREMENTS

In order for an individual to meet the employer nomination scheme (ENS) requirements and qualify for the temporary residence transition stream they should:

  • Already be in possession of a valid subclass 457 or TSS 482 Visa.
  • Have already been working for their sponsor employer, for two years if a 457 visa holder or for three years if a TSS 482 visa holder.
  • Have received an offer of a permanent role in their sponsored occupation in the six months before they submit their application
  • Prove their English language ability to at least IELTS Level 6 or equivalent
  • Be aged no more than 45, unless they qualify for an exemption under Australia’s grandfathering provisions.
  • Be in possession of any mandated registration, licence or professional membership required by the state where they intend to be working
  • Ensure they meet Australia’s standard requirements for good health and character
Am I eligible for a 186 visa?

186 TRANSITION STREAM – ADVANTAGES

ENGLISH LANGUAGE PROOF FOR TRANSITION STREAM

It is possible to prove that you have what is termed as ‘Competent English‘ by:

  • Scoring a minimum of 6 in every one of the IELTS test’s four elements (speaking, reading, listening and writing), or an equivalent score in another recognised English language test. The test must have been conducted no more than three years before you submit your application; or
  • Holding a UK, US, Canadian, New Zealand or Irish passport

WHAT ADVANTAGES ARE THERE TO USING THE TEMPORARY RESIDENCE TRANSITION STREAM TO APPLY FOR AN ENS VISA?

  • Australian permanent residence is achievable through the Temporary Residence Transiton Stream without the need to have a formal qualification in your sponsored occupation.
  • Applications under the Temporary Residence Transition Stream do not require a separate assessment of professional skills.
  • Applicants for the RSMS 187 visa who have a minimum of five years’ full-time study in English may be able to apply for this stream and be exempt from any English language requirements

DIRECT ENTRY STREAM – REQUIREMENTS

Applicants considering the direct entry stream for the employer nomination scheme (ENS) visa should:

  • Work in an occupation listed on the 186 visa occupations list (Direct Entry)
  • Have been offered a permanent job in their occupation no more than six months before they submit their application
  • Have attained a minimum of three years’ experience in their occupation at a a sufficiently skilled level
  • Unless exempt, have had their skills formally assessed within the last three years
  • Unless exempt, provide proof of their English language ability
  • Unless exempt or applying under grandfathering provisions, be under the age of 45
  • Hold any licence, registration or professional membership that is required by the state they intend to work in
  • Meet Australia’s standard immigration health and character requirements.

186 DIRECT ENTRY STREAM – ADVANTAGES

  • It is possible to prove you have what is termed ‘competent English’ by:
    • Scoring a minimum of 6 in every one of the IELTS test’s four elements (speaking, reading, listening and writing), or an equivalent score in another recognised English language test. The test must have been conducted no more than three years before you submit your application; or
    • Holding a UK, US, Canadian, New Zealand or Irish passport

    WHAT ADVANTAGES ARE THERE TO USING THE DIRECT ENTRY STREAM TO APPLY FOR AN ENS VISA?

    • It is possible to be eligible for an Employer Nominated Subclass (ENS) 186 visa using the Direct Entry Stream without having previously worked for an employer for at least two to three years.
    • Individuals with a minimum of three years’ work experience and a formal skills assessment can be eligible for immediate application for subclass 186 visas via the Direct Entry route.

EMPLOYER/SPONSOR REQUIREMENTS

A SKILLED WORKER CAN BE NOMINATED FOR A SUBCLASS 186 PERMANENT RESIDENCE VISA BY ANY BUSINESS, SO LONG AS:

  • The business is operating actively and legally in Australia
  • There is a genuine need for the business to fill a skilled position with a paid employee
  • They are offering a full-time job for a minimum of two years, and at at least the minimum market salary rate
  • The business is complying with any and all federal, state and local immigration and workplace relations laws
  • There is no evidence of any adverse information regarding the sponsoring business or any individual connected to that business

Applicants can be nominated to any one of the three available streams, and must still meet all the necessary eligibility requirements for the chosen stream.

Additional requirements

TRANSITIONAL STREAM – ADDITIONAL REQUIREMENTS FOR EMPLOYERS

Sponsoring businesses are required to meet the training requirements for subclass 457 visas in every year that they have been approved Standard Business Sponsors. These training requirements are a mandatory prerequisite for eligibility to sponsor employees for 186 visas via the transitional stream.

DIRECT ENTRY STREAM – ADDITIONAL REQUIREMENTS FOR EMPLOYERS

The Skilling Australians Fund levy (also referred to as the Nomination Training Contribution Charge) is a mandatory fee imposed on any employer who is seeking approval to nominate workers under the EMS programs. It replaces training benchmarks for employers for the RSMS, ENS and 457 visas, and is also required in order to sponsor individuals for Temporary Skills Shortage (TSS) visas.

If the sponsoring business has a turnover of no more than $10 million per annum, they must pay a $3000 fee for each employee that they nominate for an ENS or RSMS visa. If the sponsoring business has a turnover greater than $10 million per annum, this fee rises to $5000 per nominated employee.

Age exemptions

186 ENS visa fees
AGE EXEMPTIONS

Age Requirements for the 186 visa may not apply if:

  • You have been nominated by an Australian university as a senior academic
  • You have been nominated by a scientific agency of the Australian federal government as a technical specialist, researcher or scientist (skill level 1 or 2)
  • You are a medical practitioner, AND:
    • your nominated position for your 186 visa application is in regional Australia; AND
    • you have been working on a sublass 482 or 457 visa for a minimum of four years; OR
    • you have worked for your sponsor on a subclass 422 and then a sublass 457 visa for at least two years prior to your 186 visa application
  • You have been living in Australia as a New Zealand Citizen (subclass 444 visa) or their family member (subclass 461 visa) and have been employed by your sponsor for at least two of the past three years
  • You have been employed by your sponsor and been paid at least the ‘Fair Work High Income Threshold’ level on a subclass 457 visa for at least four years, and are applying for the Temporary Residence Transition Stream
  • The labour agreement through which you are seeking to apply for the Agreement stream specifies that individuals aged 50 or over are permitted to be employed

English language exemptions

You won’t need to provide evidence that you meet any English language requirements if: 

  • You are applying for a 186 visa and have been issued a passport by the USA, Canada, the UK, New Zealand or the Republic of Ireland
  • Your specified earnings for the sponsored position will be at least the same amount as the current top level Australian federal income tax band.  NB: you may still be required to prove you have ‘functional’ English if you invoke this exemption are pay an additional fee of up to $9800.
  • Your application is through the Transition stream, and you have completed a minimum five years’ full-time secondary or tertiary education in English.
186 & 187 Visa Fees - Further Details

Australia’s Department of Home Affairs actively collects and monitors Tax File Numbers for visa holders whose visas are awarded in part on the basis of them receiving a minimum salary. This information is then compared with records of the Australian Tax Office to ensure visa holders are paid at least what their nominated sponsors have stated that they will be paid while working in Australia.

Recent changes

By the end of 2023, the Employer Nomination Scheme’s (subclass 186) Temporary Residence Transition (TRT) stream will be subject to the following changes:

Eligibility for employer-sponsored ENS visas will be extended to all Temporary Skill Shortage (TSS) SC 482 visa holders.

Applicants will be required to continue to work in the occupation nominated for their TSS visa(s).

The work requirement for sponsored visa holders to become eligible for ENS TRT will be reduced from three years to two years of TSS sponsorship from their employer.

Applications for the TRT stream will be required to meet all other nomination and visa requirements for the Employer Nomination Scheme visas’s TRT stream.

Limits on the number of onshore TSS visa applications that can be made have been temporarily removed. isa permanent employer sponsored skilled visa programmes:

  • Occupation lists: Applications for the RSMS and ENS will now be subject to MLTSSL restrictions.
  • Minimum market salary rate: Employers will be obliged to pay sponsored employees at least the Australian market salary rate (AMSR), in addition to meeting the increased $70,000 Temporary Skilled Migration Income Threshold (TSMIT)
  • Residency: The eligibility period for individuals looking to transition to permanent residence is being extended to three years from the current two (for individuals currently on a 457 visa who intend to submit an application for either a 186 or 187 visa)
  • Work experience: applicants will be required to have a minimum of three years’ relevant work experience
  • Age: All applicants must be aged under 45 at the point at which they submit their application
  • Training requirement: Sponsoring employers for ENS or RSMS visas must contribute to the Skilling Australians Fund (SAF) at the point of nomination. This fee is $3,000 for small businesses with less than $10,000,000 annual turnover, and $5000 for larger businesses

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Book a consultation today for a commitment-free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.