Subclass 186 — Employer Nomination Scheme Visa — immi.wiki

The Subclass 186 Employer Nomination Scheme (ENS) visa is Australia's primary permanent employer-sponsored visa. It allows employers to permanently sponsor skilled workers to fill positions that cannot be filled from the local workforce. Unlike the temporary Subclass 482, the ENS visa grants permanent residence directly.

There are three streams:

• Temporary Residence Transition (TRT) stream — for current Subclass 482 (SID) or Subclass 457 holders who have worked for the sponsoring employer in the nominated occupation for the required period
• Direct Entry stream — for workers who do not qualify for the TRT stream; requires a positive skills assessment and at least three years of relevant work experience
• Labour Agreement stream — for workers sponsored under a labour agreement (including a Designated Area Migration Agreement (DAMA))

The legislative basis is in Schedule 2 to the Migration Regulations 1994, Part 186.

Temporary Residence Transition stream

To be eligible under the TRT stream, the applicant must:

• Hold, or have held, a Subclass 482 (Skills in Demand or former TSS) or Subclass 457 visa
• Have worked for the sponsoring employer in the nominated occupation for at least:
• Two years — Specialist Skills stream Subclass 482 holders
• Three years — Core Skills stream Subclass 482 holders, or Subclass 457 holders
• Be nominated by the same employer for the same occupation
• Meet age requirements (generally under 45 at the time of nomination; some exemptions apply)
• Have at least competent English (IELTS 6.0 equivalent or better)

Direct Entry stream

For the Direct Entry stream, the applicant must:

• Be nominated by an approved sponsor for a skilled occupation
• Have a positive skills assessment from the relevant assessing authority
• Have at least three years of relevant full-time work experience in the last five years
• Be under 45 at the time of nomination (exemptions apply)
• Have at least competent English

All streams

All streams require the nominated position to offer terms and conditions no less favourable than an equivalent Australian worker and to meet the relevant salary threshold. Health and character requirements apply to all applicants.

1. Employer sponsor approval — if not already an approved Standard Business Sponsor, the employer must apply for approval.
2. Nomination — the employer lodges a nomination application for the specific position and worker. Labour Market Testing applies to Direct Entry nominations for most occupations.
3. Visa application — the worker lodges the Subclass 186 visa application, which may be lodged concurrently with the nomination.
4. Health and character — health examinations and police clearances for the applicant and any secondary applicants.
5. Decision — the Department decides on the nomination and visa. Permanent residence is granted if all criteria are met.

The Subclass 186 is a permanent visa. Once granted, the holder has unrestricted work rights throughout Australia — they are not required to continue working for the nominating employer after the visa is granted.

The visa includes a 5-year travel facility from the date of grant, after which a Resident Return Visa (RRV) is required for re-entry as a permanent resident. The holder may apply for Australian citizenship after satisfying the relevant residence requirements.

Standard permanent visa conditions apply, including those relating to character and national security. The visa may be cancelled under s 116 of the Migration Act on standard grounds.