Bupa Insurance
Employer Nomination (186 visa)
Employer Nomination Scheme Visa (Subclass 186) Australia
The Employer Nomination Scheme (ENS) visa (subclass 186) is a permanent employer-sponsored visa that allows eligible skilled workers to live and work permanently in Australia. The visa requires an approved Australian employer to nominate the applicant for an eligible position.
Subclass 186 provides different pathways depending on the applicant's circumstances, including the Temporary Residence Transition (TRT) stream, Direct Entry stream and Labour Agreement stream.
Key Visa Streams
Temporary Residence Transition (TRT) Stream
The Temporary Residence Transition stream is designed for eligible holders of certain temporary skilled visas who have worked for their sponsoring employer in Australia and meet the relevant requirements for permanent residence.
For eligible applicants, the TRT pathway can provide a route from a Skills in Demand visa (subclass 482) to permanent residence through subclass 186.
Importantly, the TRT stream does not have a separate occupation list. Occupation eligibility is generally linked to the occupation associated with the applicant's most recently held temporary skilled visa and the applicable visa rules.
Direct Entry Stream
The Direct Entry stream is available to skilled workers who do not qualify for the TRT pathway and who meet the requirements for direct employer-sponsored permanent residence.
Applicants generally need an eligible nominated occupation, relevant skills and experience, and, where required, a suitable skills assessment. The occupation requirements are specified through the applicable subclass 186 legislative instruments and skilled occupation framework.
Labour Agreement Stream
The Labour Agreement stream is available where an Australian employer has an appropriate labour agreement with the Australian Government that allows the nomination of overseas workers under specified terms.
The requirements can vary according to the applicable labour agreement, including occupation, experience, English, age and other concessions or conditions.
Core Eligibility Requirements
Eligibility for subclass 186 depends on the stream and the applicant's individual circumstances. Common requirements can include:
An approved Australian employer must nominate the applicant.
The nominated position must meet the requirements of the relevant stream.
The applicant must have the required skills, qualifications and work experience.
The nominated occupation must satisfy the applicable occupation requirements.
Applicants generally need to meet the relevant English-language requirement.
Applicants generally need to be under the applicable age limit, unless an exemption applies.
Health and character requirements must be satisfied.
The applicant must comply with all relevant visa and employment requirements.
Occupation Requirements
Occupation eligibility differs between the subclass 186 streams.
For Direct Entry, eligible occupations are specified under the relevant subclass 186 legislative framework. Home Affairs currently uses ANZSCO 2022 for subclass 186, including occupations associated with the Core Skills Occupation List (CSOL).
For the TRT stream, Home Affairs confirms that there is no separate occupation list. Instead, occupation eligibility is connected to the occupation from the applicant's most recently held temporary skilled visa.
Applicants should therefore assess the occupation, position duties and applicable visa history carefully rather than relying only on a job title.
English Language Requirement
English requirements depend on the particular subclass 186 stream and the applicant's circumstances.
For many applicants, Competent English is the relevant standard, although exemptions and different requirements may apply in specific circumstances.
Applicants should confirm the accepted English test, required score and any applicable exemption before lodging an application.
Age Requirement
Applicants for subclass 186 are generally required to be under 45 years of age when applying, unless an applicable age exemption applies.
Age exemptions can depend on factors such as the applicant's circumstances, occupation, previous employment or visa history. Professional experience alone does not automatically remove the age requirement.
Employer Nomination and Genuine Position
The employer nomination is an important part of the subclass 186 process.
The nominated position must satisfy the requirements of the relevant stream, and the Department may assess whether the position and employment arrangements meet the applicable sponsorship and nomination criteria.
Employers and applicants should ensure that the nominated occupation accurately reflects the actual duties, responsibilities and skill level of the position.
Skills Assessment
A skills assessment may be required, particularly for applicants applying through the Direct Entry stream.
The relevant assessing authority depends on the nominated occupation. The assessment must meet the requirements applicable to the particular visa and occupation.
A skills assessment is not automatically required in every subclass 186 pathway, so applicants should determine the requirement based on their stream and circumstances.
From Subclass 482 to Subclass 186
For eligible temporary skilled workers, subclass 186 can provide a pathway from a Skills in Demand visa (subclass 482) to permanent residence through the TRT stream.
However, holding a subclass 482 visa does not automatically result in permanent residence.
The applicant must meet the relevant TRT requirements, including the applicable employment, nomination, visa history and other eligibility criteria at the time of application.
Permanent Residency Benefits
If the subclass 186 visa is granted, it provides permanent residence in Australia.
Depending on the circumstances and applicable legislation, permanent residents may have access to benefits such as:
Living and working permanently in Australia
Studying in Australia
Access to Medicare, subject to eligibility
Sponsoring eligible family members for certain visas
Potential eligibility for Australian citizenship in the future, subject to separate requirements
Why Professional Advice Matters
Employer-sponsored permanent residence applications can involve detailed requirements covering the employer, nominated position, occupation, employment history, skills, English, age and visa conditions.
The correct pathway can depend on whether you are applying through TRT, Direct Entry or a Labour Agreement.
At The Visa, we can help assess your circumstances, identify the appropriate subclass 186 pathway and guide you through the employer nomination and visa application process.
Contact The Visa today to discuss your Employer Nomination Scheme (subclass 186) options.
Employer Nomination Scheme (Subclass 186) Visa: Complete Guide
The Employer Nomination Scheme (ENS) visa (subclass 186) is a permanent employer-sponsored visa that allows eligible skilled workers to live and work permanently in Australia.
The visa requires an eligible Australian employer to nominate the applicant for a suitable position. Depending on the applicant's circumstances, the application may be made through the Temporary Residence Transition (TRT) stream, Direct Entry stream or Labour Agreement stream.
The requirements can vary significantly between these pathways, so choosing the correct stream is an important part of the application process.
Core Visa Streams
Temporary Residence Transition (TRT) Stream
The Temporary Residence Transition stream is designed for eligible temporary skilled visa holders who have worked for their sponsoring employer in Australia and meet the requirements for permanent residence.
This pathway can be relevant to eligible holders of a Skills in Demand visa (subclass 482). Legacy arrangements may also apply to certain former Subclass 457 and TSS visa holders.
For eligible TRT applicants, there is generally a requirement to have completed the required period of eligible sponsored employment with the nominating employer before applying.
The TRT stream does not have a separate occupation list. Occupation eligibility is generally connected to the occupation associated with the applicant's most recently held temporary skilled visa and the applicable legislation.
Direct Entry Stream
The Direct Entry stream is intended for skilled workers who do not qualify for the TRT pathway.
Applicants generally need to:
Have an occupation that meets the applicable subclass 186 occupation requirements
Have the required relevant work experience
Obtain a positive skills assessment where required
Meet the applicable English-language requirement
Meet the age requirement or qualify for an exemption
Have an eligible Australian employer willing to nominate them
The Direct Entry stream commonly requires at least three years of relevant work experience, although applicants should assess the precise legislative requirements for their occupation and circumstances.
Labour Agreement Stream
The Labour Agreement stream is available to skilled workers nominated by an Australian employer under an applicable labour agreement with the Australian Government.
Labour agreements can contain occupation-specific requirements or concessions that differ from the standard employer-sponsored pathways.
The applicant must satisfy the conditions applicable to the particular labour agreement and subclass 186 nomination.
Employer and Position Requirements
The employer nomination is a critical part of the subclass 186 application.
The sponsoring business generally needs to satisfy requirements relating to its Australian operations, the nominated position, salary, employment arrangements and sponsorship obligations.
Genuine Position
The nominated position must be a genuine position that meets the requirements of the relevant subclass 186 stream.
The position must generally be:
Full-time
Available for the required period under the applicable legislation
Consistent with the nominated occupation
Supported by genuine business needs
Paid in accordance with applicable salary and employment requirements
Employers should ensure that the position description accurately reflects the actual duties and responsibilities of the role.
Salary Requirements
The nominated salary must satisfy the applicable requirements, including the Annual Market Salary Rate (AMSR) where relevant.
The nomination must also meet the applicable income threshold and salary rules in force at the time the nomination is lodged.
Salary requirements can change over time, so employers should confirm the current thresholds before submitting a nomination.
Skilling Australians Fund (SAF) Levy
An eligible employer may be required to pay the Skilling Australians Fund (SAF) levy as part of the nomination process.
The amount depends on factors including the visa pathway and the employer's annual turnover.
The SAF levy is an employer-side cost and is separate from the applicant's visa application charge.
The exact amount should be confirmed at the time of nomination rather than relying on an outdated fixed amount.
Visa Applicant Eligibility
Applicants must satisfy the requirements applicable to their chosen subclass 186 stream.
Age Requirement
Applicants are generally required to be under 45 years of age at the time of application.
However, specific exemptions can apply in certain circumstances. Whether an exemption is available depends on the applicant's circumstances and the applicable legislation.
English Language Requirement
Applicants generally need to demonstrate Competent English, unless an applicable exemption applies.
For applicants relying on an English-language test, the test must be one accepted under Australian migration rules and meet the required scores.
An eligible passport from certain specified English-speaking countries may also satisfy the English requirement.
Skills Assessment
A positive skills assessment is generally required for Direct Entry applicants, unless an applicable exemption applies.
The relevant assessing authority depends on the nominated occupation.
Applicants should also ensure that their qualifications and employment history are relevant to the occupation being nominated.
A new skills assessment is not automatically required for every TRT applicant.
Relevant Work Experience
Direct Entry applicants generally need to demonstrate the required period of relevant skilled employment experience.
For the standard Direct Entry pathway, this is commonly at least three years of relevant work experience.
TRT applicants are assessed under different employment and visa-history requirements and should not automatically be subject to the Direct Entry experience rules.
Health and Character
Applicants and accompanying family members may need to satisfy Australia's health and character requirements.
This can include:
Medical examinations
Chest X-ray or other health examinations where required
Police certificates
Character declarations
Additional documentation requested by the Department of Home Affairs
Occupation Requirements
Occupation requirements depend on the subclass 186 stream.
For Direct Entry, the nominated occupation must meet the occupation requirements specified under the applicable subclass 186 legislation.
The Core Skills Occupation List (CSOL) is relevant to the current skilled employer-sponsored framework, including subclass 186 Direct Entry occupations, subject to the applicable legislative requirements and occupation caveats.
For the TRT stream, there is no separate TRT occupation list. Eligibility is generally linked to the occupation associated with the applicant's most recently held temporary skilled visa.
Applicants should assess their occupation based on their actual duties, qualifications and employment history, rather than relying solely on their job title.
Subclass 482 to Subclass 186 Pathway
For eligible temporary skilled workers, the Skills in Demand visa (subclass 482) can provide a pathway to permanent residence through the subclass 186 TRT stream.
However, holding a subclass 482 visa does not automatically provide permanent residency.
The applicant must satisfy the relevant TRT requirements, including the applicable employment period, employer nomination, visa history and other eligibility criteria.
Eligible applicants should carefully check their employment history and the occupation associated with their temporary skilled visa before proceeding.
Subclass 186 Application Process
The subclass 186 process generally involves two connected stages:
Step 1: Employer Nomination
The Australian employer submits a nomination for the skilled position to the Department of Home Affairs.
The employer must satisfy the applicable nomination requirements and pay any required government charges, including the SAF levy where applicable.
Step 2: Visa Application
The applicant submits the subclass 186 visa application and provides evidence supporting their eligibility.
Depending on the circumstances, the nomination and visa application may be lodged together or separately.
The applicant may need to provide evidence relating to:
Identity
English language
Qualifications
Skills assessment
Work experience
Employment history
Health
Character
Current and previous visas
Family members
Other documents required for the nominated stream
Step 3: Departmental Assessment
The Department of Home Affairs assesses the nomination and visa application against the applicable legislation and policy.
Processing times can vary depending on the application, stream, completeness of documentation, applicant circumstances and departmental priorities.
Applicants should avoid relying on a guaranteed processing timeframe.
Step 4: Visa Decision
If both the nomination and visa requirements are satisfied, the subclass 186 visa may be granted.
Subclass 186 is a permanent visa, allowing the successful applicant to remain in Australia permanently, subject to the conditions and requirements of the visa.
Subclass 186 Visa Benefits
A successful subclass 186 visa holder can generally:
Live permanently in Australia
Work in Australia
Study in Australia
Include eligible family members in the application
Access Medicare where eligible
Travel to and from Australia subject to the visa's travel facility
Potentially become eligible for Australian citizenship if all separate citizenship requirements are met
Important Considerations Before Applying
Employer-sponsored permanent residence applications require careful assessment of both the employer and the applicant.
Before applying, it is important to confirm:
The correct subclass 186 stream
Employer eligibility
Occupation eligibility
Position requirements
Salary requirements
English requirements
Skills assessment requirements
Relevant work experience
Age and possible exemptions
Health and character requirements
Previous visa history
Applicable nomination and visa charges
Because migration legislation and policy can change, applicants should check the requirements that apply at the time of lodgement.
Get Professional Guidance for Your Subclass 186 Visa
The Employer Nomination Scheme (subclass 186) can be an important pathway to permanent residence for skilled workers with an eligible Australian employer.
Whether you are currently holding a subclass 482 visa, considering Direct Entry, or being nominated under a Labour Agreement, the correct pathway depends on your individual circumstances.
The Visa can help you understand the relevant subclass 186 pathway, assess your eligibility and prepare your employer-sponsored permanent residence application.
Contact The Visa today to discuss your Subclass 186 visa options.