186 Employer Nomination Scheme Visa – A Pathway to Permanent Residency for Skilled Workers
The Subclass 186 Employer Nomination Scheme (ENS) Visa allows Australian employers to sponsor skilled foreign workers for permanent residency. This visa is particularly suited for individuals with expertise in occupations that Australia has identified as beneficial to its economy. The 186 Visa is an employer-sponsored visa that offers a path to residency in three streams: Labour Agreement, Temporary Residence Transition (TRT), and Direct Entry (DE). Each stream has unique eligibility criteria, and the choice of stream will depend on the applicant’s work history, visa type, and the needs of their employer.
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Key Benefits of the 186 ENS Visa
The 186 Visa provides significant advantages for both skilled workers and Australian employers:
Permanent Residency
Grants the visa holder and eligible family members permanent residency in Australia, including access to healthcare, education, and social services.
Work Flexibility
Allows the applicant to work for the sponsoring employer, with the potential for long-term job security.
Path to Citizenship
After meeting residency requirements, visa holders may be eligible for Australian citizenship.
Different streams for the Employer Nomination Scheme (Subclass 186) visa
The Employer Nomination Scheme (Subclass 186) visa offers three distinct streams for skilled workers seeking permanent residency in Australia. To provide a clear comparison, here’s a table summarizing the key aspects of each stream:
This stream is for skilled workers who are nominated by an employer and have never, or only briefly, worked in Australia.
Eligibility Criteria
- Occupation: Must be on the relevant list of eligible skilled occupations.
- Work Experience: At least three years of relevant experience.
- Skills Assessment: Positive assessment required.
- Age: Under 45 years old.
- English Proficiency: At least Competent English.
This stream is for Temporary Skill Shortage (TSS) visa (subclass 482) holders who have worked for their employer for at least three years in the nominated occupation and the employer wants to offer them a permanent position.
Eligibility Criteria
- Current Visa: Must hold a 457, TSS, or related bridging visa A, B, or C.
- Employment Duration: Worked for the nominating employer full-time for at least three years.
- Nomination: Must be nominated by the employer.
- Age: Under 45 years old.
- English Proficiency: At least Competent English.
This stream is for skilled workers nominated by an employer with a labour agreement. Labour agreements are developed between the Australian government (represented by the Department) and employers.
Eligibility Criteria
- Employer Agreement: Employer must have a labour agreement with the Australian government.
- Nomination: Must be nominated under the labour agreement.
- Age: Under 45 years old (unless otherwise specified in the agreement).
- English Proficiency: As specified in the labour agreement.
Benefits:
- Permanent residency with indefinite stay in Australia.
- Work and study rights in Australia.
- Access to Medicare, Australia’s public healthcare system.
- Ability to sponsor eligible relatives to migrate to Australia.
- Travel to and from Australia for five years.
- Eligibility to apply for Australian citizenship if meeting the criteria.
Costs:
- Main applicant fee: AUD 4,770.
- Additional charges for family members.
- Second instalment: AUD 4,890 for family members over 18 with less than Functional English.
- Other costs may include health checks, police certificates, and biometrics.
Application Process
- Apply from within or outside Australia.
- Must hold a substantive visa or related bridging visa (A, B, or C) if applying in Australia.
- Processing times depend on the completeness and accuracy of the application.
Obligations
- Follow Australian laws.
- Work for the nominating employer for at least two years.
- Begin employment within six months of visa grant or arrival in Australia.
Eligibility Criteria for Subclass 186 Visa
To qualify for the Subclass 186 visa, applicants must meet a range of specific criteria. These requirements vary slightly depending on the stream applied for but include general conditions that ensure the applicant’s suitability for employment in Australia.
Employer Nomination
- Applicants must be nominated by an Australian employer whose business is actively and lawfully operating in Australia.
- The employer must have sponsored the applicant for full-time work under a Subclass 457 or Subclass 482 visa for at least two of the three years before the nomination.
Employment Contract
- A valid job offer or employment contract for at least two years must be provided.
Skills and Qualifications
- The applicant must possess the skills and qualifications necessary to perform the duties of the nominated occupation.
- In many cases, a skills assessment will be required to verify these qualifications.
- Relevant licenses, registrations, or memberships must be held if they are mandatory in the state or territory of employment.
Age Requirement
- Applicants must typically be under 45 years of age at the time of application.
- Age exemptions apply for specific roles, such as university academics, scientific researchers, and medical practitioners in regional areas, or for those earning above the Fair Work High Income Threshold.
English Language Proficiency
- Applicants must demonstrate at least Competent English, equivalent to:
- IELTS score of at least 6.0 in each band
- PTE Academic score of at least 50 in each component
- From November 2019, there are no exemptions to this requirement.
Health and Character Checks
- All applicants and accompanying family members must meet the Australian government’s health and character requirements.
- Medical examinations and police clearance certificates are typically required.
Visa Conditions
- Applicants must hold a valid visa at the time of application, such as a Subclass 457 or 482 visa, or a bridging visa (A, B, or C) linked to their previous work visa.
- Immigration history will be reviewed, and previous visa cancellations or application refusals may affect eligibility.
To qualify for the Subclass 186 Visa under the Direct Entry Stream, applicants must meet the following eligibility requirements:
Nominated Occupation
Applicants must nominate an occupation listed on the relevant list of eligible skilled occupations for this visa category.
Skills Assessment
A positive skills assessment from the designated assessing authority for the nominated occupation is required. This confirms the applicant possesses the skills and qualifications necessary for the role.
Exemptions
- University lecturers or faculty heads nominated by an Australian university.
- Scientists, researchers, or technical specialists nominated by an Australian government agency.
- Subclass 444 or Subclass 461 visa holders who have worked for their nominating employer in the nominated position for at least 2 years in the last 3 years.
Relevant Work Experience
Most applicants must demonstrate at least 3 years of relevant work experience in the nominated occupation. Exemptions apply to those who are exempt from the skills assessment requirement.
Licensing, Registration, or Membership
If mandatory in the state or territory of employment, applicants must hold the appropriate licenses, registrations, or memberships to perform their job duties.
Employer Nomination
- Applicants must be nominated by an Australian employer actively and lawfully operating in Australia.
- The visa application must be submitted within six months of the nomination approval.
- If the nomination is withdrawn or deemed invalid, the visa application cannot proceed.
Age Requirement
Applicants must be under 45 years of age at the time of application unless they meet one of the following exemptions:
- Nominated as an academic or researcher by a university or government agency.
- Subclass 444 or Subclass 461 visa holders meeting specific work and role requirements.
English Proficiency
Applicants must demonstrate Competent English through recognized tests such as:
- IELTS: A minimum score of 6.0 in all components.
- PTE Academic: A minimum score of 50 in all components.
Health and Character Requirements
All applicants and their accompanying family members must meet Australian health and character standards. This includes:
- Undergoing medical examinations.
- Providing police clearances.
To qualify for the Subclass 186 Visa under the Labour Agreement Stream, applicants must meet the following criteria:
Work Under a Labour Agreement
Applicants must currently work, or have a job offer to work, for an Australian employer under a labour agreement. These agreements are specific arrangements between the employer and the Australian government, outlining terms for hiring foreign workers.
Applicants must have suitable English language skills, qualifications, experience, and other attributes as specified in the labour agreement.
Skills Assessment
A skills assessment might be required to confirm the applicant’s capability for the nominated position. However, this should only be obtained if explicitly requested.
Licensing, Registration, or Membership
If required by the state or territory of employment, applicants must hold the necessary licenses, registrations, or memberships to practice in their nominated role.
Nomination by Employer
Applicants must be nominated by an employer who:
- Is actively and lawfully operating in Australia.
- Is a party to a valid labour agreement.
The visa application must be submitted within six months of the nomination approval.
Visa Ineligibility
The visa cannot be granted if:
- There is adverse information about the nominator or their associates (unless it is reasonable to disregard).
- The nomination is withdrawn.
- The position is no longer available.
Age Requirement
Applicants must typically be under 45 years of age when applying. Exceptions may be granted if specified in the labour agreement.
Health and Character Requirements
- All applicants, including accompanying family members, must meet Australia’s health and character requirements.
- These requirements extend to family members not traveling to Australia.
Immigration History
Applicants with a history of visa cancellations or refusals might not be eligible for this visa. However, some exceptions may allow applications for permanent residency despite prior refusals or cancellations.
Skills Assessment and Occupation Requirements
Applicants must have an occupation on the MLTSSL, and they may need to complete a skills assessment unless exempt. Some common exemptions include:
- Holding a 457 visa granted from an application lodged before April 18, 2017.
- Working for the nominating employer in certain roles or sectors, such as senior academic or government research positions.
Skilling Australians Fund (SAF) Levy
For both the TRT and DE streams, employers are required to contribute to the Skilling Australians Fund (SAF), which supports training initiatives to address skill shortages. The SAF levy is summarized in the table below:
| Employer Annual Turnover | SAF Levy |
|---|---|
| Below AUD 10 million | AUD 3,000 |
| Above AUD 10 million | AUD 5,000 |
When to Apply for Direct Entry vs. Temporary Residence Transition
Direct Entry (DE)
Suitable for candidates with relevant work experience outside Australia or those who have not yet worked with the sponsoring employer for three years. Ideal for individuals seeking a direct pathway to residency based on their skills.
Temporary Residence Transition (TRT)
Designed for current 457 or 482 visa holders who have worked with their sponsoring employer for three years. This route simplifies the process for skilled employees to transition to permanent residency.
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Common reasons for application refusal
If you’re planning to apply for the Employer Nomination Scheme (ENS) Subclass 186 visa, understanding the common reasons for application refusal is crucial. From incomplete documentation to non-genuine positions, these pitfalls can cost you time, money, and potentially your chance at Australian permanent residency. In this article, we’ll explore 10 of the most common hurdles and how to avoid them.
1. Submitting Incomplete or Inaccurate Documentation
One of the most prevalent causes of nomination refusals is providing incomplete or incorrect documents. The Department of Home Affairs requires comprehensive evidence to support both the nomination and the visa application.
○ How to Avoid This Pitfall
Maintain Accuracy
Double-check every piece of information in your documents for accuracy and consistency.
Use a Checklist
Create or use a provided checklist to ensure you’ve included all necessary documentation, such as proof of qualifications and work experience.
Stay Current
Make sure all certifications and records (e.g., passports, police checks) are up to date.
Failure to provide accurate and complete documentation can delay the process and may result in refusal.
2. Nominating a Non-Genuine Position
The Department closely examines whether the position is genuine and crucial to the business. A role that appears to be created only to facilitate a visa may not pass scrutiny.
○ How to Prove Genuineness
Describe the Business Clearly
Offer detailed insights into your company’s structure, goals, and operations.
Show Business Need
Demonstrate how the position is integral to business success, supported by financial records and growth metrics.
Document Financial Health
Prove your business’s viability to justify the new role.
A nomination can be refused if the Department concludes the position isn’t genuinely needed.
3. Incorrect Occupation Nomination
Selecting an occupation that does not accurately match the actual job duties is another frequent cause of refusal.
○ How to Choose the Right Occupation
Match the Duties
Ensure the day-to-day tasks align with the nominated occupation.
Refer to ANZSCO
The Australian and New Zealand Standard Classification of Occupations helps determine the closest occupation match.
Consistency between the nominated occupation and actual responsibilities is vital for a successful application.
4. Employer’s Financial Inability
If the sponsoring employer cannot demonstrate the financial capacity to pay the proposed salary and maintain the role, the nomination is likely to be refused.
○ How to Show Financial Capacity
Provide Financial Statements
Show profitability and cash flow that can accommodate the new hire’s salary.
Demonstrate Ongoing Viability
Highlight sustainability and future growth to reassure the Department.
A financially sound business reassures the Department that the nominated position can be supported long-term.
5. Insufficient Labour Market Testing
Certain ENS nominations require solid evidence that the employer has tried to find a local candidate before turning to overseas talent.
○ How to Conduct Proper Labour Market Testing
Advertise Locally
Post job ads in reputable local platforms and industry channels.
Document Recruitment Efforts
Collect all ad placements and candidate responses to prove genuine attempts at hiring locally.
Adequate labour market testing shows there are no suitable local candidates for the position.
6. Applicant’s Ineligibility
The nominated applicant must meet specific criteria regarding qualifications, work experience, age, and English language proficiency.
○ How to Ensure Eligibility
Check Qualifications
Confirm the applicant’s skills and experience are relevant and valid for the nominated occupation.
Meet Age & English Requirements
Most ENS pathways have age and language thresholds that need to be satisfied.
Any mismatch in these criteria can lead to visa refusal.
7. Providing False or Misleading Information
Submitting incorrect information—even if unintentional—can result in an immediate refusal. In severe cases, this can lead to bans on future visa applications.
○ How to Avoid This Risk
Verify All Details
Double-check each piece of information in your application for consistency.
Prioritize Honesty
If you’re unsure about a requirement, seek professional advice rather than guessing.
Full transparency is the safest way to maintain the integrity of your application.
8. Health or Character Concerns
To protect Australian society, all visa applicants must meet health and character requirements.
○ What You Need to Do
Complete Health Checks
Undertake the required medical exams and provide valid results.
Obtain Police Clearances
Gather police certificates from every country you’ve lived in for 12 months or more.
Disclose Issues Early
If you have medical or legal history, disclose it and provide supporting documentation.
Non-compliance or dishonesty about health and character can lead to a swift refusal.
How We Can Help
Offer professional services to assist applicants throughout the visa application process.
- Eligibility Assessment: We analyze your circumstances to determine the best pathway for your 186 Visa application, whether it’s TRT or DE.
- Skills Assessment Guidance: We assist with preparing documentation for your skills assessment, ensuring all necessary qualifications and experiences are accurately presented.
- Comprehensive Application Support: From sponsorship and nomination approvals to the visa application itself, we manage each stage to ensure compliance with Department guidelines.
- Training Plans for Employers: For employers sponsoring candidates
FAQs
Address common queries to provide clarity and improve user engagement.
Can I apply for the 186 Visa if I am over 45?
Age exemptions may apply to researchers, scientists, senior academics, high-income earners, and specific medical practitioners in regional areas. Those holding a 457 visa applied before April 18, 2017, may also qualify with an extended age limit up to 50.
What happens if my occupation is no longer on the MLTSSL?
Holders of 457 visas granted from applications lodged before April 18, 2017, may still be eligible for the TRT stream, even if their occupation has been removed from the MLTSSL.
What English level is required for the 186 Visa?
Applicants must demonstrate Competent English, generally through an IELTS 6.0 or equivalent, unless exempt due to nationality or specific circumstances.
Do I need to pay the SAF Levy?
Yes, employers sponsoring 186 Visa applicants in the TRT and DE streams must pay the Skilling Australians Fund (SAF) Levy, which contributes to training initiatives in Australia.
Can I change my employer after getting the 186 Visa?
The 186 Visa is granted on the condition that you work for the sponsoring employer for at least two years. However, circumstances may vary, so consult a migration advisor if a change is necessary.
