186 Visa

The Subclass 186 ENS visa (Employer Nomination Scheme visa) is a permanent residency visa that requires the sponsorship of a nominating employer. In summary:

The 186 visa has a Transition stream, Direct Entry Stream and 186 Agreement stream.
You must have an occupation on the 186 Visa Occupations List
English language requirements are IELTS (or equivalent test) score of 6 in each component.
A maximum age requirement of 45 at the time of application will apply to Direct Entry stream
applicants. A maximum age requirement of 50 at the time of application will continue to apply to Temporary Residence Transition stream applicants
A range of amendments have been introduced to enhance the integrity of the ENS and RSMS visas, including through requiring the nominated position to be genuine, and removal of the English language and skills exemption for applicants whose nominated earnings would be over $180,000.

Am I eligible for a 186 visa?

The purpose of the subclass 186 – Employer Nomination Scheme (ENS) is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.

Employer

The business seeking to employ you must:

be actively and lawfully operating in Australia
genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years

Employer Nomination Scheme (Subclass 186)

What is a Subclass 186 Visa?

It is a permanent residence visa for skilled workers who have a nominating employer.
The Employer Nomination Scheme (ENS) allows Australian employers to nominate skilled foreign employees to work in Australia on a subclass 186 permanent residence visa.
This visa involves a two-step process; a nomination by an approved Australian employer and a visa application by the skilled overseas worker.
Applicants can be in or outside Australia when they apply for this visa. Applicants must have a valid visa or a bridging visa A, B, or C to apply for this visa in Australia.

Is my business eligible to sponsor under the 186 ENS visa scheme?

Position

The position to be filled must be:

be full-time and available for at least 2 years from the time your visa is granted
be an occupation included on the current Medium and Long-term Strategic Skills List (MLTSSL)

NOTE: Certain occupations on this list will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position). Please contact us for further details based on your particular circumstances.

have a salary that is:
- at least $70,000 per year (excluding any non-monetary benefits) AND
- at least the annual market salary rate (AMSR) for your nominated occupation

NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $70,000 per year.

The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location.

You will be exempt from the AMSR requirement if your salary is more than $250,000 per year.

be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location

Visa Applicant

As the visa applicant, you must (unless a specific exemption applies in any case):

have competent English:
- hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
- an IELTS test score of at least 6 in EACH test component OR
- an OET test score of at least B in EACH test component OR
- a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
- a PTE test score of at least 50 in EACH test component OR
- a CAE test score of at least 169 in EACH test component

NOTES: In each case, the test must have been undertaken within the last three years.

have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority
have at least three years of full-time experience in your nominated occupation
be under 45 years of age
meet any mandatory licensing, registration or professional membership requirements
satisfy the relevant health and character criteria

186 ENS VISA APPLICATION PROCESS

Stage 1: Nomination Application

This application is lodged with the Department of Home Affairs (the DOHA) on behalf of your employer, and relates to the skilled position that you have been offered, which must meet the requirements referred to above. Your employer is required to supply documents to the DOHA in support of this application, the nature and extent of which will vary depending upon the particular circumstances of the business. Employers must pay a one-off Skilling Australians Fund (SAF) levy for EACH subclass 186 nomination lodged with the DOHA. The amount payable varies based on the employer’s annual turnover.

Note: if the nomination has already been approved by the time the visa application is made, the visa application must be made within 6 months of the nomination being approved.

Stage 2: Visa Application

Your visa application is lodged with the DOHA either at the same time as the nomination application, or within six months of the DOHA’s approval of the nomination. The main criterion is that you fulfil the above requirements, including the standard health and character checks. Once the DOHA has approved both applications, you will be granted a permanent subclass 186 – Employer Nomination Scheme visa. You may be in Australia or outside Australia when your visa is granted.

Skills Assessment Application

BEFORE lodging your visa application, you must apply to have your skills (qualifications and/or work experience) formally assessed, to show that they are to the level required to undertake the nominated skilled occupation.

For each occupation listed on the MLTSSL, the DOHA has specified an assessing authority that may carry out skills assessments for that occupation. Only a skills assessment conducted by the relevant assessing authority will be accepted by the DOHA in support of a visa application.

If you have not already obtained an acceptable skills assessment for your occupation, we can apply for this assessment on your behalf. This involves determining the correct authority to carry out your assessment; providing you with a full list of the information and documents required to support your application; preparing the application; and lodging it with the relevant authority for assessment. Please note that we charge a separate professional fee for this service. An assessment fee is also payable to the skills assessing authority.

Please contact our office for further information regarding skills assessment applications.

THREE STREAMS Transition Stream English for 186 Transition Direct Stream English for 186 direct stream Employer requirements Other Requirements Age exemptions English exemptions

Employer Nomination Scheme (ENS186 Visa)

This visa has 3 main streams

1. The Temporary Residence Transition stream is for 457 visa /TSS 482 visa holders who have worked for two years/ 3 years for TSS visa (Medium term), while holding a subclass 457 visa/482 visa, in the same occupation with their nominating employer who wants to offer them a permanent position in that occupation.

2. The Direct Entry stream is for applicants who have not worked on a 457 visa/ TSS 482 Visa with their nominating employer for two years (3 years for TSS visa holders) but who are formally qualified in their occupation and have worked for at least three years at a skilled level in their occupation and their occupation is on the 186 Visa occupations list (Direct Entry).

3. The Agreement stream is for applicants sponsored by an employer through a labour agreement

TEMPORARY RESIDENT TRANSITION STREAM REQUIREMENTS

To qualify for an employer nomination scheme (ENS) visa through the temporary residence transition stream you must:

Hold a subclass 457 visa/ TSS 482 Visa.
Have worked for two years with your employer while sponsored as the primary applicant on a subclass 457 visa (3 years for TSS 482 Visa holders), in the same position as your employer has nominating you for the subclass 186 visa.
Have been successfully nominated by your employer for a permanent position in your nominated occupation under this stream within the 6 months prior to applying for the visa.
Demonstrate that you have at least competent English (IELTS 6 or equivalent). You must have at least Competent English. From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa.
Be under 45 years of age unless you are exempt from the age requirement or fall under the grandfathering provisions.
At the time of applying, hold any mandatory registration, licence or professional membership required for your occupation in the state where your nominated position is located.
Meet health and character requirements

Am I eligible for a 186 visa?

ADVANTAGES OF 186 TRANSITION STREAM

COMPETENT ENGLISH FOR TRANSITION STREAM

You can demonstrate you have Competent English by:

Having a score of at least 6 in each of the four components of an IELTS test (speaking, reading, listening and writing) in a test that has been conducted within the three years immediately prior to the date of lodgement of your visa application OR or an equivalent score in one of the other accepted English tests
Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland

WHAT ARE THE ADVANTAGES OF APPLYING FOR AN ENS VISA THROUGH THE TEMPORARY RESIDENCE TRANSITION STREAM?

You can achieve Australian permanent residence through the Transitional Residence Stream without being formally qualified in your occupation.
You do not need a skills assessment in your occupation for the Temporary Resident Transition stream.

There are no circumstances currently specified for this purpose in relation to ENS applicants – i.e. there are no English language exemptions for ENS applicants.
For RSMS 187 visa applications, persons who, at the time of application, had completed at least 5 years of full-time study in a secondary or higher education institution where all the tuition was delivered in English, are exempt from this requirement.

DIRECT ENTRY STREAM REQUIREMENTS

To qualify for an employer nomination scheme (ENS) visa through the direct entry stream you must:

Have an occupation on the 186 visa occupations list (Direct Entry)
Have been successfully nominated by your employer for a permanent position in your nominated occupation under this stream in the 6 months prior to applying for the visa.
Have at least three years of relevant work experience at a skilled level (i.e. post qualifying) in your nominated occupation.
Have a positive skills assessment in your nominated occupation, which is not more than three years old (unless you are exempt from this requirement).
Demonstrate you have at least competent English unless you’re exempt from the English requirement
Be under 45 years of age unless you’re exempt from the age requirement or fall under the grandfathering provisions.
At the time of applying, hold any mandatory registration, licence or professional membership required for your occupation in the state where the nominated position is located.
Meet health and character requirements.

ADVANTAGES OF 186 DIRECT ENTRY STREAM

You can demonstrate you have competent English by:
- Having a score of at least 6 for each of the four components of an IELTS test (speaking, reading, listening and writing) in a test that has been conducted within the three years immediately prior to the date of lodgement of the applicant’s application, OR an equivalent score in another accepted English Test OR
- Holding a valid passport issued by the United Kingdom, the United States, Canada, New Zealand or the Republic of Ireland
WHAT ARE THE ADVANTAGES OF APPLYING FOR AN ENS VISA THROUGH THE DIRECT ENTRY STREAM?
- You don’t have to spend two years with their employer on a 457 visa (3 years on the 482 TSS visa) to qualify for an Employer Nominated (ENS) subclass 186 visa through the Direct Entry Stream.
- Provided you can obtain a positive skills assessment and you have three years post qualification experience, you can apply for the subclass 186 ENS Direct Entry visa immediately.

COMPETENT ENGLISH FOR DIRECT ENTRY STREAM

SPONSOR/EMPLOYER REQUIREMENTS

ANY BUSINESS CAN NOMINATE A SKILLED WORKER FOR A SUBCLASS 186 PERMANENT RESIDENCE VISA, PROVIDED:

The business is actively and lawfully operating in Australia
The business has a genuine need for a paid employee to fill a skilled position
The visa applicant is offered a skilled position in the applicant’s occupation that is full time and ongoing for at least two years
The visa applicant will be paid a market salary rate
The nominating business complies with Australian immigration and workplace relations laws
There is no adverse information known about the business or anyone associated with the business.

The business must nominate the applicant in one of the three streams and meet the requirements of that stream.

Other requirements

ADDITIONAL EMPLOYER REQUIREMENTS FOR TRANSITIONAL STREAM

The business must have met the subclass 457 visa training requirements in each year the business have been approved as a Standard Business Sponsor prior to nominating the employee for a 186 visa through the transitional stream.

ADDITIONAL EMPLOYER REQUIREMENTS FOR DIRECT ENTRY STREAM

Nomination training contribution charge (to be known as the Skilling Australians Fund levy) on employers nominating workers under the permanent employer sponsored migration programs.

The levy has replaced the training benchmarks for employers sponsoring workers on 457, ENS and RSMS visas. It is also a requirement for the TSS visa.

Businesses with turnover of less than $10 million per year will be required to make:

a one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $3,000

Businesses with turnover of $10 million or more per year will be required to make:

a one-off payment for each employee being sponsored for a permanent ENS or RSMS visa of $5,000

Age exemptions

186 ENS visa fees

AGE EXEMPTION

You are exempt from the Age Requirements if:

You are nominated as a senior academic by an Australian university
You are nominated as a scientist, researcher or technical specialist at a skill level 1 or 2 by an Australian government scientific agency
You are a medical practitioner who has been working for your nominating employer on either a subclass 457 visa or a subclass 482 visa for at least four years immediately before applying for your ENS visa and your nominated position is located in regional Australia.
You are a medical practitioner who has worked for your nominating employer on a subclass 422 visa followed by a subclass 457 visa for two years in the four years immediately before applying for your 186 visa and your nominated position is in regional Australia.
You hold a subclass 444 New Zealand Citizen or a subclass 461 New Zealand citizen’s family member visa and you have been working for your nominating employer for at least two of the three years immediately before applying for your 186 visa.
You are applying through the Temporary Residence Transition Stream and have been working for your nominating employer as the holder of a subclass 457 visa for at least four years, immediately before applying for the 186 visa and has been paid as much as the Fair Work High Income Threshold in each of the four years.
You are applying through the Agreement stream and the relevant labour agreement allows for a person who has turned 50 to be employed.

English exemptions

You won’t need to show formal English language skills if you:

If you hold an ‘exempt passports” from the English Speaking countries of New Zealand, USA, Canada, United Kingdom and Ireland you are exempt from the English language requirements of the subclass 186 visa.
Your nominated earnings are at least equivalent to the current Australian Taxation Office top individual income tax rate. (unless you are not able to demonstrate that you have functional English, you will be required to pay the second instalment of the visa application charge, currently $9,800.00).
You are applying through the Transition stream and you have completed at least five years of full-time study in a secondary or higher education institution and all of the tuition was delivered in English.

Detailed 186 and 187 visa fees

The Department of Home Affairs has commenced the collection of Tax File Numbers for these visa holders, and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.

Recent changes

By the end of 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme SC 186 will be amended.

All Temporary Skill Shortage (TSS) SC 482 visa holders will be eligible for ENS visas sponsored by their employers.

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

Sponsored visa holders will be eligible for ENS TRT after two years (down from three years) of sponsorship on a TSS by their employer.

Applicants will need to meet all other nomination and visa requirements for the TRT stream of the Employer Nomination Scheme visa.

The limit on Short Term stream TSS visa applications that can be made onshore has also been removed in the interim.

The 186 visa permanent employer sponsored skilled visa programmes:

Occupation lists: The MLTSSL will now apply to both the ENS and the RSMS, with additional occupations available to support regional employers for the RSMS.
Minimum market salary rate: Employers must pay the Australian market salary rate (AMSR)- and meet the Temporary Skilled Migration Income Threshold (TSMIT minimum $70,000 from 1 July 2023).
Residency: The eligibility period to transition to permanent residence will be extended from two to three years (people on a 457 visa and wanting to apply for 186/187 visa).
Work experience: At least three years’ work experience relevant to the particular occupation will be required.
Age: All applicants must be under the maximum age requirement of 45 at the time of application.
Training requirement: Employers nominating a worker for an ENS or RSMS visa will be required to pay a contribution to the Skilling Australians Fund (SAF). The contribution will be:
- payable in full at the time the worker is nominated.
- $3,000 for small businesses (those with annual turnover of less than $10 million) and $5,000 for other businesses.

FAQ:

If you are granted a 457 visa after 18 April 2017 off the STSOL list, it can only be granted for 2 years. There will be one (only) further extension allowed after that for another 2 years. You will not be allowed to apply for a permanent 186/187 visa under that occupation if it is on the STSOL.
If I have held a 457 visa for the last 2 years and now eligible for 186 Transition(TRT) will I be affected by the new 3 years’ work experience requirement? no, you may meet fall under the grand fathering provisions.
Can I apply for a 186 visa if my previous substantive visa is or was a Subclass 491 or 494 visa?if at the time of application, the applicant is the holder of either a Subclass 491 (Skilled Work Regional (Provisional)) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the applicant was one of these visas, they must have held that visa for at least three years at the time of application unless circumstances specified in an instrument exist.
What is the age limit for the 186 visa? at time of application, the applicant must have been under 45 or be a person in any of the following six categories of applicants that are specified, namely:
- academic applicants;
- regional medical practitioner applicants;
- science applicants;
- Subclass 457/482 workers;
- Subclass 457/482 coronavirus concession workers (applications lodged on or after 24 November 2020); or
- transitional 457 workers under 50.
- ‘legacy 457 worker’ , a person who is a legacy 457 worker is exempt from the age requirement. This means this cohort is not required to be less than 45 years old at the time of application for a Subclass 186 visa in the TRT stream.
Latest changes to the 186 visa can be seen here
ENS 186 visa immigration news

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

186 Visa

Employer

Employer Nomination Scheme (Subclass 186)

Position

Visa Applicant

186 ENS VISA APPLICATION PROCESS

Stage 1: Nomination Application

Stage 2: Visa Application

Employer Nomination Scheme (ENS186 Visa)

TEMPORARY RESIDENT TRANSITION STREAM REQUIREMENTS

ADVANTAGES OF 186 TRANSITION STREAM

COMPETENT ENGLISH FOR TRANSITION STREAM

DIRECT ENTRY STREAM REQUIREMENTS

ADVANTAGES OF 186 DIRECT ENTRY STREAM

SPONSOR/EMPLOYER REQUIREMENTS

Other requirements

ADDITIONAL EMPLOYER REQUIREMENTS FOR TRANSITIONAL STREAM

ADDITIONAL EMPLOYER REQUIREMENTS FOR DIRECT ENTRY STREAM

Age exemptions

AGE EXEMPTION

English exemptions

Recent changes

Australia visa options

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