186 Visa Agreement stream

The Subclass 186 ENS visa Employer Nomination Scheme visa (subclass 186) Agreement stream lets skilled workers, who are nominated by an employer that is party to a labour agreement, live and work in Australia permanently.

Subclass 186 – Employer Nomination Scheme Visa: Agreement Stream

The purpose of the 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.

The requirements for the Agreement stream of this visa are set out below:

186 VISA AGREEMENT STREAM REQUIREMENTS

Employer

The business seeking to employ you must:

· still be actively and lawfully operating in Australia

· be party to a Labour Agreement in effect with the Commonwealth of 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

· be compliant with Australian immigration and workplace relations law

Position

The position to be filled must:

· be full-time and available for at least 2 years from the time your visa is granted

· be an occupation included on your current employer’s Labour Agreement

· have a salary that is:

o at least the Core Skills Income Threshold (CSIT), $79,423 per year from 1 July 2026 (excluding any non-monetary benefits), unless a concession is provided in the Labour Agreement AND

o 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 the CSIT unless a concession applies.

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:

· generally have held one of the following visas, issued under your employer’s Labour Agreement, to work on a full-time basis in the nominated position (or a very closely related position) for your employer in Australia for the length of time stated in the Labour Agreement:

o subclass 457 Temporary Work (Skilled) visa OR

o subclass 482 Temporary Skill Shortage (TSS) visa OR

o subclass 482 Skills in Demand visa (Labour Agreement stream)

Note: Specific visa and applicant requirements may be stated in the Labour Agreement.

· be genuinely performing the tasks of your nominated occupation and have worked in the occupation for at least 3 years

· have competent English (unless a concession applies) i.e.

o 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

o an IELTS (Academic or General Training) score of at least 6 in EACH test component OR

o a PTE Academic score of at least 47 for listening, 48 for reading, 51 for writing and 54 for speaking OR

o a TOEFL iBT score of at least 16 for listening, 16 for reading, 19 for writing and 19 for speaking OR

o an OET score of at least 290 for listening, 310 for reading, 290 for writing and 330 for speaking OR

o a Cambridge C1 Advanced score of at least 163 for listening, 163 for reading, 170 for writing and 179 for speaking OR

o a CELPIP General score of at least 7, a MET score of at least 56/55/57/48 or a LANGUAGECERT Academic score of at least 57/60/64/70 (listening/reading/writing/speaking)

NOTE: These are the scores for tests taken on or after 7 August 2025, and the test must have been taken within the 3 years before you apply. A labour agreement may allow a lower English level. See our English requirements for 186 visa page.

· be under 45 years of age (unless a concession applies)

· meet any mandatory licensing, registration or professional membership requirements

· satisfy the relevant health and character criteria

Am I eligible for a 186 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 circumstances of the business.

Skilling Australians Fund Levy

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:

· For employers with an annual turnover of LESS THAN AU$10 million, the SAF levy is AU$3,000 per nomination.

· For employers with an annual turnover of AT LEAST AU$10 million, the SAF levy is AU$5,000 per nomination.

The SAF levy must be paid upfront, at the time that the nomination is lodged.

Please contact our office for further information regarding the SAF levy.

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 visa. You may be in Australia or outside Australia when your visa is granted.

On 25 November 2023, the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme SC 186 was amended. These changes affect the TRT stream rather than the Agreement stream, but many labour agreement employers use both.

All TSS and Skills in Demand 482 visa holders are now eligible for ENS visas sponsored by their employers.

Applicants need to continue to work in the occupation nominated for their 482 visa.

Sponsored visa holders are eligible for ENS TRT after two years (down from three years) of work on a 482 visa. Since December 2024 this time can be with any approved sponsor.

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

From 1 July 2022, eligible 457 and TSS short term stream visa holders could apply through the TRT stream under a temporary pathway, see eligibility for details. Note: this temporary pathway ended on 30 June 2024.

Agreement stream or TRT stream?

Workers on a 482 visa granted under a labour agreement can sometimes choose between the Agreement stream and the TRT stream. The Agreement stream follows the terms of the labour agreement, which may include concessions on age, English or salary. The TRT stream needs 2 years of work on a 482 visa, competent English and a salary of at least the CSIT. We can check which stream suits your situation.

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

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