186 ENS 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:

You must have an occupations 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?

COVID-19 concessions for Employer-Sponsored visas (SC457-482 and 186-187)
Grandfathering arrangements extended
457 visa to Permanent Residency
Licensing requirements for 186 visa
New PR Pathways for all occupations on the STSOL list (from 1 July 2022)
From 1 July 2022, eligible 457 and TSS – short term stream visa holders will be able to apply through the TRT stream. The pathway will be accessible for two years from its commencement on 1 July 2022, see eligibility for details

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?

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?

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.

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.

COMPETENT ENGLISH FOR 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.

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. Applications lodged after 12 August 2018 do not need to meet the Training Benchmarks.

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 from 12 March 2018. 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

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.

Detailed 186 and 187 visa fees

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

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- minimum $53,900) and meet the Temporary Skilled Migration Income Threshold.
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.
Latest changes to the 186 visa can be seen here
ENS 186 visa immigration news
Update: COVID-19 concessions for Employer-Sponsored visas (SC457-482 and 186-187)

Visa grant statistics- Employer Sponsored Category – by visa pathway

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

186 ENS Visa

Employer Nomination Scheme (Subclass 186)

Employer Nomination Scheme (ENS186 Visa)

TEMPORARY RESIDENT TRANSITION STREAM REQUIREMENTS

COMPETENT ENGLISH FOR TRANSITION STREAM

COMPETENT ENGLISH FOR TRANSITION STREAM

DIRECT ENTRY STREAM REQUIREMENTS

COMPETENT ENGLISH FOR 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

Visa grant statistics- Employer Sponsored Category – by visa pathway

186 Visa Occupations List | Combined list (MLTSSL+STSOL)

186 visa skill requirements

186 visa exemptions

186 visa (Direct Entry) checklist

482 TSS visa VS 494 Regional visa

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