Employer nomination scheme visa
(subclass 186)
The Subclass 186 Employer Nomination Scheme (ENS) visa is a pathway to permanent residency in Australia, requiring sponsorship from an employer. Here’s a summary:
- The 186 visa offers three streams: Transition, Direct Entry, and Agreement.
- Applicants must have a job listed on the 186 Visa Occupations List. If your occupation is on the STSOL or ROL list then only the Transition stream is available. For the Direct Entry stream, your occupation must be on the MLTSSL listed occupations.
- English language proficiency must meet the competent English level for Direct and Transition streams, which can be an IELTS score of at least 6 in each of the four test components of speaking, reading, writing and listening; or PTE with a score of at least 50 in each of the four test components.
- Direct Entry stream and Transition stream applicants must be under 45 years old at the time of application. There are exemptions to this age requirement limit, such as meeting the high income threshold under section 333 of the Fair Work Act 2009.
- Several enhancements have been made to ensure the integrity of the 186 Visa. These include mandating that the nominated position is genuine and removing Age, Skills and English language requirements for certain applicants, such as 444/461 visa workers, high income earners, Science and Acedemic applicants.
Employer
The company intending to hire you must:
- Your business must be legally established and currently operating in Australia.
- Truly require your services for the specified role under its direct supervision.
- Have the capability to sustain the employee in that position for at least 2 years as the employee is required to take up the position for at least 2 years after being granted the 186 Visa.
Position
The position you’re applying for must meet the following criteria:
- It should be a full-time role available for a minimum of 2 years from the date your visa is granted with no express exclusion period on your employment contract.
- The occupation must be listed on the current Medium and Long-term Strategic Skills List (MLTSSL) if applying for the Direct Entry stream. Note that certain occupations may have additional caveat requirements based on factors like salary and business type.
- The salary must be at least AUD $70,000 per year (TSMIT threshold), excluding any non-monetary benefits, and must also meet or exceed the Annual Market Salary Rate (AMSR) for your nominated occupation. The AMSR represents the salary that an Australian would earn for similar work at the same workplace and location.
- You may be exempt from the AMSR requirement if your salary exceeds $250,000 per year.
- The conditions of employment, apart from earnings, should be no less favorable than those for Australians performing similar work at the same location.
Visa Applicant
As the visa applicant, you must meet the following requirements (unless exempted):
- Achieve the required scores in recognized English language tests like IELTS, OET, TOEFL iBT, PTE, or CAE, with specific minimum scores in each test component.
- The English test must have been taken within the last three years before applying for the 186 Visa.
- You are exempted in English if you are a citizen and hold a valid passport from the UK, USA, Canada, New Zealand, or the Republic of Ireland.
- You are also exempted if you have completed at least 5 years of full-time study in a secondary and/or higher education institute where all of the tuition was delivered in English.
Have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority.
Have your skills assessed as suitable for your nominated occupation by the relevant skills assessing authority is mandatory at the time of application when applying under the Direct Entry stream. The Skills assessment requirement for the Transition stream is exempted for eligible listed occupations, but you will instead need to meet the ANZSCO general requirements for that listed occupation. Note that some listed occupations require a mandatory skills assessment for TSS 482, in addition caveats may also apply.
- Possess a minimum of 3 years of full-time skilled work experience in your nominated occupation (for Direct Entry stream). For the Transition stream, you must have worked for 2 years with that employer while on the TSS 482 visa and apply within 3 years for the 186 Visa.
Be under the age of 45.
Fulfill any mandatory licensing, registration, or professional membership requirements.
Meet the applicable health and character criteria.
Employer Nomination Scheme (ENS186 Visa) pathway further summary:
- The subclass 186 visa, also known as the Employer Nomination Scheme (ENS), offers three main pathways:
- Temporary Residence Transition Stream: For TSS 482 visa holders who have worked with the same employer for two years in the nominated occupation and are nominated for a permanent position.
- Direct Entry Stream: For applicants who were not previously on a TSS 482 visa but have formal qualifications and at least three years of skilled work experience in their nominated occupation and listed on the MLTSSL.
- Â Labour Agreement Stream: For applicants sponsored by an employer through a labour agreement.
To qualify for the Temporary Residence Transition Stream, applicants must: hold a TSS 482 visa, have worked for the same employer for a total duration of 2 years within 3 years before applying for the 186 Visa, be nominated for a permanent position, demonstrate competent English, meet age requirements, hold necessary registrations, and satisfy health and character criteria.
Advantages of the Temporary Residence Transition Stream include achieving Australian permanent residence, the exemption from a skills assessment, the more lenient formal qualification requirement to meet the ANZSCO general requirements. Other advantages include if your occupation is listed on the STSOL/ROL, it may be listed as eligible for the 186 Transition stream.
For the Direct Entry Stream, applicants must have an occupation on the MLTSSL, been nominated for a permanent position, possess at least three years of relevant work experience, undergo a positive skills assessment, demonstrate competent English, meet age requirements, hold necessary registrations, and meet health and character criteria.
Benefits of the Direct Entry Stream include not needing prior employment with the employer like on a TSS 482 visa and the ability to apply immediately with a positive skills assessment and required work experience of 3 years.
Employers must meet specific criteria, including actively operating in Australia, genuine need for skilled employees, offering full-time positions for at least two years, paying market salary rates, complying with immigration and workplace laws, and ensuring no adverse information is associated with the business.
Exemptions are available for age and English language requirements based on specific circumstances. Recent changes include reforms allowing TSS visa holders quicker access to permanent residency under the Temporary Residence Transition stream and the removal of limits on onshore TSS visa applications.
186 ENS Visa Application Process
Stage 1: Nomination Application Your employer submits the nomination application to the Department of Home Affairs (DHA) on your behalf. This application is about the skilled position you’ve been offered, ensuring it meets specific requirements. Your employer provides supporting documents to the DHA, which may vary depending on their business circumstances. They also need to pay a one-time Skilling Australians Fund (SAF) levy for each 186 nomination. The levy amount depends on their annual turnover. Note: If the nomination is approved before the visa application, the visa application must be lodged within 6 months of nomination approval.
Stage 2: Visa Application Your visa application is lodged with the DHA either simultaneously with the nomination or within six months after the DHA approves the nomination. You must meet the specified requirements, including standard health and character checks. Once both applications are approved, you’ll receive a permanent subclass 186 – Employer Nomination Scheme visa. You can be inside or outside Australia when the visa is granted.
Skills Assessment Application: Before lodging your visa application, you must obtain a formal skills assessment to demonstrate your qualifications and work experience meet the requirements for the nominated skilled occupation. Each occupation listed on the Skilled List has a designated assessing authority. Only assessments from the relevant authority are accepted by the DHA. If you haven’t obtained a skills assessment, assistance is available to apply for one. This involves determining the appropriate authority, providing necessary information, preparing and submitting the application, for which separate fees apply. For more information, please contact our office.
The 186 visa changes in effect from 1 July 2023:
Here’s a concise summary of the changes to the Employer Nomination Scheme (ENS) 186 Visa:
Market Salary Rate: Employers must pay the Australian Market Salary Rate (AMSR) and meet the Temporary Skilled Migration Income Threshold (TSMIT), which is a minimum of $70,000 starting from July 1, 2023.
Work Experience: Applicants must have at least three years of relevant work experience in that eligible occupation for the Direct Entry Stream.
Age Requirement: All applicants must be under the maximum age limit of 45 at the time of application.
Training Contribution: Employers nominating a worker for an ENS must contribute to the Skilling Australians Fund (SAF). The contribution amount is $3,000 for small businesses (with an annual turnover of less than $10 million) and $5,000 for any other businesses. This contribution is payable when the worker is nominated.
186 visa FAQs
Is a 186 visa permanent residency?
Employer Nomination Scheme (ENS) visa, also known as subclass 186 visa, offers permanent residency for sponsored workers.
What are the new changes for 186 visa?
One major change was the introduction of the Temporary Residence Transition stream by the Department of Home Affairs to allow skilled workers to pursue permanent residency.
Who is eligible for 186?
Candidates need a minimum of 3 years of experience in their nominated field, with part-time roles being acceptable if it adds up to 3 years. However, casual employment will not meet the requirement. The maximum age for applicants is under 45, unless they qualify for an exemption.
How long does it take to get a PR with 186 visa?
Processing times for the 186 visa vary depending on the chosen stream. Typically, it takes anywhere from 6-9 months for a 186 visa application to be processed, on average.
What are the benefits of 186 visa?
The 186 visa grants indefinite residency in Australia, allowing you to reside, work, and pursue studies without restrictions. Moreover, it enables you to sponsor eligible family members to join you in Australia and apply for Australian citizenship once you meet the eligibility criteria.
Can 186 be refused or rejected?
A common reason for refusal of the 186 Nomination is when the employer fails to demonstrate financial capability to pay the nominated position’s full-time salary for at least two years. Additionally, the employer must have a good compliance record with workplace laws and no adverse information known to immigration authorities. The terms and conditions offered to the nominee should be at least as favorable as those offered to the applicant.
Can I leave my employer after 186 visa grant?
On a 186 visa, there is no condition on your visa grant that you to stay with your employer for a specific duration. However, when you apply for the 186 Visa, you make a declaration on your application that you agree to take up the position for at least 2 years. Your employer also makes a declaration on the nomination application that they will provide full time employment for you for at least 2 years.
How much does a 186 visa cost?
The fees for the visa application are as follows: $4,640 for the primary applicant, $2,320 for a partner (and any child over 18), and $1,160 for each child under 18 years old. You can find all associated costs listed on the Department of Home Affairs visa pricing table.
Can I get Medicare on 186 visa?
If you’re in Australia and have applied for most permanent residency visas, you’re eligible to enroll in Medicare. However, some parent visas are exceptions to this rule.
How long does a 186 visa last?
Once the visa is granted, you can travel to and from Australia for a period of up to five years. However, if you plan to travel beyond this timeframe, you’ll need to apply for a Resident Return Visa to re-enter Australia as a permanent resident, unless you’ve already become an Australian citizen.
What is the age limit for subclass 186?
One of the conditions for this visa is that applicants must be below 45 years old when they apply. However, there are exemptions to this requirement that allow older skilled workers to still qualify for the visa.
Can I change Employers?
One of the conditions when meeting the 2 years of full time work experience for the 186 Transition stream on the TSS 482 Visa is that you are employed with the same employer for 2 years full time. This is not an issue for those applying under the 186 Direct Entry stream because they just need to meet 3 years full time skilled work experience which could have been with more than one employer.