Employer Nomination Scheme (subclass 186)

Employer Nomination Scheme (ENS) visas, or subclass 186 visas, are permanent residency visas for skilled workers which requires your employer/sponsor to have a genuine need for an on-going permanent position.

There is the temporary transition stream for those who are in Australia on the 457 or 482 visa and have worked in the occupation for a minimum set period or direct entry for offshore or onshore applicants in occupations on the medium to long-term skilled occupation list.

186 Visa Requirements

The Subclass 186 visa has six general requirements for all applicants, and more specific requirements depending on which stream you apply under.

The general requirements are:

• have been nominated by an Australian employer and this nomination has been approved within the six months before you apply
• are under the age of 45 at the time of application
• have the required skills and qualifications for the position you have been nominated for – including holding (or being eligible for) any mandatory registration, licence or professional membership
• have appropriate English language skills
• meet health and character requirements
• meet the requirements of the stream in which you apply

186 Visa Pathways

There are three possible application pathways for an ENS visa:

1. Temporary Residence Transition (TRT): where applicants have worked with the employer on a 457 visa and/or a 482 visa for the last two years (if applicants held or have applied for a 457 visa on or before 18 April 2017); or three years under an occupation listed on the Medium to Long term List. In this case, no skills assessment is required, and a competent English level is required.
   Those who applied or held a 457 visa on or prior to the changes announced on 18 April 2017 may still be eligible for permanent residency through this pathway despite your occupation no longer being on an occupation list or on the short term list.
   If you held a 457 visa or had applied for a 457 on or before the 18 April 2017 you still have the opportunity to apply for Permanent Residence under ENS , under the two-year pathway
2. Direct Entry Stream: If you do not meet the requirements under the TRT stream (for example, because you have never, or only briefly worked in Australia), this stream may then be available if your employer has a genuine need for a skilled worker in a permanent and ongoing position. The employee will need to provide a formal skill assessment in their occupation and show that they have worked in their occupation for a minimum of three years on a skilled level. The occupation can only be on the Medium Long Term List.
3. Agreement Stream: where the employer has a Labour Agreement

ENS visas require a significantly higher level of documentation than a 457/482 visa. Difficulties which can be encountered in applying for ENS visas include:

• Obtaining skills assessments – each skills assessing authority has different criteria
• Demonstrating that the employer has a genuine need for a permanent position
• Meet licencing and/or registration requirements

ENS Application stages

There are two stages to the ENS Subclass 186 application:

• Nomination: involves review of the business’ operations as well as the position offered to the employee
• Visa Application: the applicants need to meet age, language, skills, character and health requirements.

Processing Time for ENS visa subclass 186

Processing standards fluctuate in accordance with the departmental workload and are updated monthly. You can check the current processing time on https://www.homeaffairs.gov.au/about/access-accountability/service-standards/global-visa-citizenship-processing-times

How much is 186 ENSS Visa?

Like all other visa applications, The ENS Visa fees are usually not refunded if the application is unsuccessful; or if you decide to withdraw your application after you have lodged it.
To check the Government visa application charge please access http://www.border.gov.au/Trav/Visa/Fees

What you and Your Family Can Do Upon Your 186 Visa Approval

It allows you and any member of your family unit who has also been granted this visa to:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• maybe able to sponsor eligible relatives for permanent residence (conditions apply)
• travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia).

186 visa conditions after visa grant

What happens if I leave my employer (sponsor) without completing the two years of employment, as per my two-year employment contract? Will my 186 visa be cancelled or revoked?
The Department has the capacity to consider cancellation of a visa if it becomes apparent that incorrect information was provided which was material to the grant of the visa or the visa holder is in breach of their visa conditions.

Employer Nomination Scheme (subclass 186) to Citizenship

Your permanent residency status is indefinite with the travel facility of five-year multiple re-entry visa allowing you to go in and out of Australia within this period as a permanent resident. After five years, if you have been living in Australia for a minimum of two years, you can obtain another five-year multiple re-entry visa online otherwise you will have the option for Australian citizenship. You must have been living in Australia for a minimum of four years on a permanent basis, with 12 months as a permanent resident, to be eligible to apply for Australian citizenship and your time spent in Australia on your temporary visa counts towards the four years.