Subclass 186 Employer Nomination Scheme (ENS) Visa

Overview

The Subclass 186 Employer Nomination Scheme (ENS) visa is a permanent residence visa for skilled workers who are nominated by an approved Australian employer. It offers a clear pathway to settle in Australia with your family while continuing to work in a nominated skilled occupation.

This visa is a two-step process:

1. Employer nominates the worker for a skilled occupation
2. The employee applies for the visa after receiving nomination

Streams of the 186 Visa

1. Temporary Residence Transition (TRT) Stream

• For 482/TSS or 457 visa holders who have worked with the same employer for at least 2 out of the past 3 years
• Must be nominated in the same occupation used for the 482 visa
• Employer must still be actively and lawfully operating

2. Direct Entry (DE) Stream

• For individuals who are outside Australia or not eligible under the TRT stream
• Also suitable for those who have never held a 482 visa
• Must be nominated in an occupation on the Medium and Long-Term Strategic Skills List (MLTSSL)
• Requires a skills assessment and at least 3 years of work experience in the nominated occupation

3. Labour Agreement Stream

• For workers whose employer has a labour agreement with the Australian Government
• Often used for niche or hard-to-fill roles (e.g., regional or industry-specific needs)
• Terms and occupation requirements depend on the specific agreement

Key Benefits

• Permanent residency from day one
• Include family members in application (partner and children)
• Access to Medicare, schooling, and public services
• Eligibility for citizenship after meeting residency and character requirements
• Path to long-term employment stability in Australia

Eligibility Criteria – Applicant

• Must be nominated by an approved employer
• Be under 45 years of age at the time of application (some exceptions apply)
• Occupation must be on the relevant skilled occupation list
  • MLTSSL – Direct Entry Stream
• Have competent English
  • IELTS 6.0 in each band or equivalent (unless exempt)
• Meet health and character requirements
• Must hold required skills, qualifications and work experience
• If applying via Direct Entry:
  • Must have a positive skills assessment
  • Minimum 3 years of full-time relevant work experience

Eligibility Criteria – Employer

• Must be a Standard Business Sponsor
• Must be actively and lawfully operating in Australia
• Must have a genuine need for the nominated role
• Must nominate the applicant for an eligible occupation
• Must pay the market salary rate and not underpay foreign workers
• Must meet training benchmarks or Skilling Australians Fund (SAF) levy
• Must not have a history of adverse information (e.g., sanctions, breaches)

More info: Employer Nomination Obligations

Application Process

Step 1: Employer Nomination

• Lodge nomination through ImmiAccount
• Submit documents including:
  • Business registration
  • Financials
  • Employment contract
  • Labour Market Testing (if required)
• Pay SAF levy at the time of nomination

Step 2: Visa Application (by the applicant)

• Lodged after or at the same time as nomination
• Attach:
  • ID, passport
  • English test results
  • Skills assessment (if required)
  • Work references
  • Health and character documents
  • Marriage/birth certificates for dependants
• Undergo health examination and police checks

Skilling Australians Fund (SAF) Levy

Employers must pay this per nomination based on company turnover:

• AUD 3,000 for businesses with turnover under $10 million
• AUD 5,000 for businesses with turnover over $10 million

This fee funds the training of Australian workers.

Processing Times (as of 2025)

Fees

Additional fees for health checks, police certificates, biometrics, and translations may apply.

Conditions & Obligations

• You must commence employment with the nominating employer upon visa grant
• Employer and employee must maintain a genuine employment relationship
• Visa is linked to the sponsoring employer. Changing employers post-grant may require a new application

Exemptions

Age exemptions may apply if:

• You are nominated as an academic by a university
• You are a researcher at a scientific body
• You have held a 457/482 visa for a long time (Grandfathering provisions)
• You earn over the Fair Work High Income Threshold

English exemptions may apply if:

• You are from an English-speaking country
• You studied in English for several years
• You earn over the exemption threshold

What the Government Scrutinises

1. Genuineness of the position

   • Is it a real role in an ongoing business?
   • Not created solely for migration purposes

2. Market salary rate compliance

   • Is the applicant being paid fairly, equal to local counterparts?

3. Work history consistency

   • Are references and work experience documents valid?

4. Skills assessment credibility

   • Are assessment bodies recognised and relevant?

5. Business legitimacy and financial health

6. Training contributions (via SAF levy)

Common Reasons for Rejection

• Incomplete or inconsistent documentation
• Employer fails to meet business or nomination standards
• Applicant fails to meet English or skills criteria
• Occupation is not on the current eligible list
• Skills assessment is missing or invalid
• Adverse information against employer (e.g., fines, Fair Work violations)
• Position considered not genuine or exaggerated

Family Members

You can include your:

• Spouse or de facto partner
• Dependent children

They receive the same permanent residency rights and can work, study, and access Medicare.

Path to Citizenship

The 186 visa grants immediate permanent residency. You can:

• Enrol in Medicare
• Sponsor relatives for other visas
• Apply for citizenship after 4 years of lawful residence (with at least 1 year as a PR)

FAQs

Can I apply for 186 from outside Australia?
Yes, the Direct Entry stream is designed for applicants outside Australia.

Is a job offer enough?
No. The employer must also be approved as a Standard Business Sponsor and lodge a valid nomination.

Can I apply without a skills assessment?
Only if applying through the TRT stream. The Direct Entry stream requires a skills assessment.

What happens if my employer withdraws their nomination?
Your visa application will likely be refused unless you find a new sponsor and restart the process.

Can I change employers after my 186 is granted?
Yes, after the visa is granted, you are not strictly bound. However, the Department may review your case if you leave shortly after the grant (within 2 years), which may suggest the nomination was not genuine.

Official Resources

• ENS 186 Visa – Home Affairs
• Skilled Occupation List
• SAF Levy and Employer Obligations

Summary

The Subclass 186 visa is one of the most trusted and stable pathways to Australian permanent residency for skilled professionals. It rewards both temporary residents and overseas candidates with a permanent future in Australia if backed by a genuine employer and supported by the right experience, occupation, and documents.

Tags: `186 visa`, `ENS visa`, `permanent residency`, `employer sponsored PR`, `Direct Entry`, `TRT pathway`, `skills assessment`, `MLTSSL occupations`, `Skilling Australians Fund`, `labour agreement`