Employer Nomination (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:
- 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.
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.
Visa Stream | Eligibility Criteria |
Temporary Residence Transition | – Holders of 457 visa/TSS 482 visa |
Stream | – Worked for two years (or three years for TSS visa holders) |
– Worked in the same occupation with their nominating employer | |
– Offered a permanent position in that occupation | |
Direct Entry Stream | – Formal qualification in the occupation |
– Worked for at least three years at a skilled level in the occupation | |
– Occupation is on the 186 Visa occupations list (Direct Entry) | |
Agreement Stream | – Sponsored by an employer through a labour agreement |
Eligibility Criteria for ENS Visa (Temporary Residence Transition Stream) |
Hold a subclass 457 visa/ TSS 482 Visa |
Worked for two years with the employer on the same position |
Nominated by the employer for a permanent position within 6 months |
Demonstrate at least competent English (IELTS 6 or equivalent) |
Age requirement: Under 45 years, unless exempt or fall under grandfathering |
Hold any mandatory registration, license, or professional membership |
Meet health and character requirements |
Demonstrating Competent English |
IELTS: Score of at least 6 in each component (speaking, reading, listening, writing) |
OR |
Equivalent score in other accepted English tests |
OR |
Holding a valid passport from UK, US, Canada, New Zealand, or Republic of Ireland |
Advantages of Applying for ENS Visa (Temporary Residence Transition Stream) |
Achieve Australian permanent residence without formal qualification in the occupation |
No skills assessment required for the Temporary Residence Transition stream |
Eligibility Criteria for ENS Visa (Direct Entry Stream) |
Occupation on the 186 Visa Occupations List (Direct Entry) |
Successful nomination by employer for a permanent position |
Minimum three years of relevant work experience at a skilled level |
Positive skills assessment within the last three years (unless exempt) |
Demonstrate at least competent English (unless exempt) |
Age requirement: Under 45 years (unless exempt or fall under grandfathering) |
Hold any mandatory registration, license, or professional membership |
Meet health and character requirements |
Demonstrating Competent English |
IELTS: Score of at least 6 in each component (speaking, reading, listening, writing) |
OR |
Equivalent score in another accepted English test |
OR |
Holding a valid passport from UK, US, Canada, New Zealand, or Republic of Ireland |
Advantages of Applying for ENS Visa (Direct Entry Stream) |
No requirement to spend two years with the employer on a 457 visa (3 years on the 482 TSS visa) |
Immediate eligibility for the subclass 186 ENS Direct Entry visa with a positive skills assessment and three years of post-qualification experience |
Exemption | Eligibility Criteria |
Senior Academic | Nominated by an Australian university |
Scientist, Researcher, or Technical Specialist | Nominated at skill level 1 or 2 by an Australian government scientific agency |
Medical Practitioner – Subclass 457/482 Visa | Worked for nominating employer for at least four years on subclass 457/482 visa and position is in regional Australia |
Medical Practitioner – Subclass 422/457 Visa | Worked for nominating employer for two years on subclass 422 visa followed by subclass 457 visa within the four-year period and position is in regional Australia |
Subclass 444 New Zealand Citizen or Subclass 461 Visa Holder | Hold a subclass 444 or subclass 461 visa, and have worked for nominating employer for at least two of the three years preceding the application for the 186 visa |
Temporary Residence Transition Stream | Worked for nominating employer for at least four years on subclass 457 visa, immediately before applying for the 186 visa, and have been paid the Fair Work High Income Threshold in each of the four years |
Agreement Stream (Age 50+) | Employment allowed as per relevant labour agreement for individuals who have turned 50 |
Exemption | Eligibility Criteria |
Exempt Passports | Hold an ‘exempt passport’ from the English-speaking countries of New Zealand, USA, Canada, United Kingdom, or Ireland |
High Nominated Earnings | Nominated earnings are at least equivalent to the current Australian Taxation Office top individual income tax rate. However, if you are unable to demonstrate functional English proficiency, you will be required to pay the second instalment of the visa application charge, currently $9,800.00 |
Transition Stream – Education | Applying through the Transition stream and have completed at least five years of full-time study in a secondary or higher education institution, with all tuition being delivered in English |
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.
