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186 Visa – Employer Nomination Scheme Visa (ENS)


Indah Melindasari MARN 0961 448
Updated July 2024
186 visa

Employer Nominated Scheme (ENS) Visa or 186 Visa is a permanent visa for overseas skilled workers, allowing you to live and work in Australia indefinitely. Generally, to apply for ENS 186 visa, you must be nominated and sponsored by an Australian employer whose business is operating actively and lawfully. Besides that, you must be under 45 years old when you apply.


What is a 186 Visa?

In summary, 186 Visa:

  • allows you to live permanently in Australia with a nominating employer.
  • allows employers in Australia to designate talented overseas workers for permanent residence through the ENS 186 Visa.
  • requires you to apply for this visa in two steps: first, you must be nominated by an authorized Australian employer and then you must submit a visa application.
  • allows you to apply for this visa from within or outside of Australia. To apply for this visa in Australia, you must hold a valid visa or a bridging visa A, B, or C.
  • consists of three different streams: Direct Entry stream, Temporary Resident Transition stream, and Labour Agreement stream.
  • costs you from $4,640 AUD.

Employer and Position Requirements

Employer Requirements

The company that wants to hire and sponsor you must:

  • be functioning in Australia lawfully and actively;
  • really require you to work in the designated role under its direct supervision and be able to hire you for a minimum of two years.

Position Requirements

The position that has to be filled must:

  • be available full-time for at least two years following the issuance of your visa.
  • be a profession listed on the Medium and Long-Term Strategic Skills List (MLTSSL) as of right now.
  • earn at least $70,000 annually (without taking into account non-cash benefits) or at least the annual market salary rate (AMSR) for the position you have nominated.

Additional note: There may be extra prerequisites for some of the jobs on this list (such as position type, employer type, and salary). Kindly get in touch with us for more information tailored to your specific situation.


Employer Nominated Scheme Visa (Subclass 186) streams

There are three streams available under the ENS visa 186:

Direct Entry Stream

Applicants in the Direct Entry stream must have an occupation on the MLTSSL and must obtain a positive skills assessment in this occupation prior to application.

At least three years of employment at the skilled level is required.

Applicants in the Direct Entry stream must be under 45 years of age.

Stay Duration:

Permanently

Processing Time:

  • 50% of applications in 3 months.
  • 90% of applications in 12 months.

source

Temporary Resident Transition Stream

All applicants must be the holder of a subclass 457 visa, a 482 visa, or a bridging visa granted in association with one of these subclasses.

All applicants must worked for their employer for at least 2 years full time while holding subclass 457 or TSS (Subclass 482) visa. Additionally must be nominated by an Australian employer who was approved in the 6 months before you apply for this stream.

Stay Duration:

Permanently

Processing Time:

  • 50% of applications in 11 months.
  • 90% of applications in 15 months.

source

Labour Agreement Stream

This visa enables skilled people to live and work continuously in Australia after being nominated by their employer. If you already work for or will soon work for an employer who is a party to a labor agreement, the Labour Agreement Stream may be right for you.

At the time of lodging an ENS visa 186 application, Applicants must be under 45 years of age.

Stay Duration:

Permanently

Processing Time:

  • 50% of applications in 81 days.
  • 90% of applications in 11 months.

source


Criteria for all of ENS 186 Visa streams

Below are the criteria to apply throughout available ENS visa 186 streams:

Criteria for Direct Entry (DE) Stream

  • Your occupation must be on the Medium and Long Term Strategic Skill List (MLTSSL),
  • You must have at least 3 years relevant work experience in the relevant occupation,
  • You must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory you intend to work in,
  • You must have a positive skills assessment,
  • You must be nominated by an Australian employer whose business is actively and lawfully operating,
  • You must be under 45 years of age when you apply (age exemption is available. Please contact us for more details)
  • You must have at least Competent English

Criteria for Temporary Resident Transition (TRT) Stream

  • You must hold a 457 visa, 482 visa or related bridging visa A, B or C (granted in relation to 457 or 482 visa application),
  • You must have worked for your employer for at least 2 years full-time while holding a subclass 457 or TSS (Subclass 482) visa,
  • You must be nominated by an Australian employer whose nomination was approved in the last 6 months before you apply,
  • You must have the required skills and qualifications needed to perform the tasks of the nominated occupation,
  • You must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory you intend to work in,
  • For at least two of the three years prior to submitting your nomination for a subclass 186 visa, your employer must have sponsored you to work full-time on a subclass 457 or subclass 482 visa,
  • You must be sponsored by an Australian employer whose enterprise is legitimately and actively operating within the country.
  • When applying, you must be under 45 years old (age exemption is available. Please contact us for more details),
  • You must have at least Competent English

Criteria for Labour Agreement Stream

  • You must currently work, or will work, for your nominating employer who is a party to a labour agreement,
  • You must be nominated by an Australian employer whose enterprise is legitimately and actively operating within the country,
  • You must be under 45 years of age when you apply,
  • If applying onshore, you must hold a 457 visa or 482 visa under the Labour Agreement stream,
  • You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.

ENS 186 Visa Four Steps Process

Step 1: Check your eligibility and visa requirements

Before applying for the visa, you have to check your eligibility and make sure you have met all the requirements for the application. The same thing goes to your employer. You must ensure that your employer meets the criteria to nominate you for a 186 Visa.

Employer Nomination Scheme Visa 186 has three different streams: Direct Entry, Labour Agreement, and Temporary Residence Transition.

All three streams have different requirements for the visa application. Make sure your employer has nominated you in the correct stream and is eligible to nominate you.

Step 2: Standard Business Sponsorship (SBS) Application

After ensuring your employer’s eligibility to nominate you, your employer must apply for a Standard Business Sponsorship (SBS). SBS is a contract with the Australian government that permits your employer to hire foreign nationals in highly qualified positions. It is valid for 5 years.

If your employer has already held a SBS, your employer can skip this step.

Step 3: Nomination and 186 Visa Application

After receiving the SBS, your employer can lodge a nomination application. Your employer can submit the nomination and 186 Visa application at the same time. Both applications must be submitted through IMMIAccount.

Step 4: Nomination and 186 Visa Outcome

Generally, you will receive the outcome of your nomination application first. If the Department of Home Affairs approves your nomination, then your 186 visa application will most likely receive the same outcome.

Once the 186 Visa application is granted, you’re required to work for your sponsor for at least 2 years.


Benefits for Employer Nominated Scheme (ENS) Subclass 186 Visa holder

  • You can live, work and study in Australia indefinitely,
  • You can enrol in Australia’s public health care scheme, Medicare,
  • You can sponsor eligible relatives to come to Australia,
  • You can travel to and from Australia for up to 5 years, and after that period, you will need to apply for a Resident Return (RRV) visa to re-enter Australia as a permanent resident.

186 Visa Cost 2024

The cost for 186 Visa in 2024 is as follow:

186 Visa – Direct Entry stream Cost

  • Main applicant: AUD 4,770
  • Additional applicant (age 18 and above 18): AUD 2,385
  • Additional applicant (age under 18): AUD 1,190
  • Second Instalment for Main applicant (has less than Functional English): AUD 9,800
  • Second Instalment for Additional applicant (age 18 and above 18, and has less than Functional English): AUD 4,890

186 Visa – Temporary Resident Transition stream Cost

  • Main applicant: AUD 4,770
  • Additional applicant (age 18 and above 18): AUD 2,385
  • Additional applicant (age under 18): AUD 1,190
  • Second Instalment for Main applicant (has less than Functional English): AUD 9,800
  • Second Instalment for Additional applicant (age 18 and above 18, and has less than Functional English): AUD 4,890

186 Visa – Labour Agreement stream Cost

  • Main applicant: AUD 4,640
  • Additional applicant (age 18 and above 18): AUD 2,385
  • Additional applicant (age under 18): AUD 1,190
  • Second Instalment for Main applicant (has less than Functional English): AUD 9,800
  • Second Instalment for Additional applicant (age 18 and above 18, and has less than Functional English): AUD 4,890

The above cost for 186 Visa is as of July 2024. Please note that the visa fee might increase in July every year.


186 Visa 2 Years Commitment

Prior to lodging the 186 visa, you must understand the terms of 2 years commitment under the 186 Visa. This term refers to your commitment to work for your employer at least 2 years after being granted the visa. It is required for all streams under the 186 Visa.


What is the Difference Between 186 and 482 Visa?

There are two key differences between the 186 Visa and 482 Visa that lie in their validity period and permanent residency pathway:

  1. Validity period: 186 Visa is a permanent visa, meaning it is valid indefinitely from the date of grant. In addition, by holding a 186 Visa, you are lawfully an Australian Permanent Resident. Meanwhile, the 482 Visa is a temporary Visa, meaning there’s an expiration date for the 482 Visa. Generally, the 482 Visa is valid for up to 4 years (depending on the stream).
  2. Permanent Residency: 186 Visa provides a direct permanent residency pathway with its Direct Entry stream. Meanwhile, the 482 Visa does not offer a direct permanent residency pathway. However, you may obtain a permanent residency after holding the 482 Visa for at least 2 years through the 186 Visa – Temporary Resident Transition stream.

Can I Apply for Citizenship After 186 Visa?

Yes, you may apply for Australian citizenship after getting the 186 Visa. However, you must ensure that you’ve met all criteria for an Australian citizenship application, including the residency requirement.


Is a 186 Visa Hard to Get?

It’s not too hard to obtain a 186 visa if you find an employer who is ready to sponsor you and you meet all qualifying conditions (such as age, occupation, positive skills assessment, and three years of experience).


Can I Leave My Employer After 186 Visa Grant?

The Department of Home Affairs expect you to work for your sponsoring employer for at least 2 years after the 186 Visa being granted. After that, you may leave your sponsoring employer. However, ensure to check your 186 Visa conditions and the work agreement that you have with your employer.


186 Visa Conditions After Granted

The following visa condition might be attached to your 186 Visa after granted:

  • 8515 – Must not marry or enter into a de facto relationship before entering Australia.

Latest News About 186 Visa

  • All new 186 visa nominations and applications submitted on or after 1 July 2024 must meet the new TSMIT of AUD 73,150.
  • From 25 November 2023 onwards, 482 Visa holders of any streams are eligible for 186 Visa TRT stream. More details are here.
  • Starting from 25 November 2023, 482 Visa holders are eligible to lodge 186 Visa TRT stream 2 years after holding the 482 Visa. More details are here.
  • The skilled occupation list will no longer be the basis for evaluating nominated occupations for 186 Visa – TRT stream applications. The new requirement is that the nominated occupation only needs to be listed in the Australian and New Zealand Standard Classification of Occupations dictionary (ANZSCO). This is in contrast to the previous criteria, which restricted TRT stream applications to nominated occupations under the medium/long-term list, with a few minor exceptions.

Employer Nominated Scheme – Subclass Visa 186 Frequently Asked Questions

ONE derland Consulting managing director and also registered migration agent, Indah Melindasari, B.Com (MARN 0961 448) is here to answer your ENS subclass 186 / visa 186 questions!

  • What are the requirements to be able to apply for this visa 186?
    • Firstly, you must meet all the criteria and be eligible to apply for the visa. You must have an eligible occupation, relevant work experience, a positive skills assessment, and be nominated by an eligible Australian employer.
    • You are also required not to have had any refusal or cancellation history while you were in Australia; otherwise, you will not be able to apply for this visa.
  • How long can I stay in Australia with this visa?isa?
    • This is a permanent visa. You can stay in Australia indefinitely and can work and study in Australia and are eligible to apply for the Australian public health scheme as well. From the date you were granted this visa.
    • You can travel to and from Australia unlimited for the 5-year duration of this visa.
  • Can I include my family in the Visa 186 application?
    • Yes, you can. You can include your partner, dependent child or stepchild in the application. Family members who apply for the visa with you must meet the health and character requirements.
  • Can I change employers after my visa has been approved?
    • Once your visa application has been approved, you are expected to work for your sponsoring employer for at least 2 years before changing employers.
  • Do I have to have a particular English language ability to apply for an Employer Nominated Scheme visa?
    • Yes. You must meet the English requirements to apply for this visa. You must have at least Competent English (IELTS score at least 6 each band) before applying unless you are exempt, for example, if you are a citizen of and hold a valid passport issued by the United Kingdom, the United States of America, Canada, New Zealand, or the Republic of Ireland.
  • Can I apply for an ENS 186 visa while offshore?
    • You can apply for ENS visa 186 while you are onshore or offshore. You must be on a substantive or related bridging visa if you are applying onshore. When the decision is made for your application, you can also be onshore or offshore.
  • Can a 186 Visa get refused?
    • Yes, it can. A frequently cited argument for rejecting a 186 nomination is that the nominating employer has not proven it has the financial wherewithal to support the full-time wage of the position for the next two years or more. The company needs to demonstrate that it complies with workplace relations laws, not have any negative information on file with the Department of Immigration, and give the nominee terms and conditions that are equal to or better than those extended to applicants.

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“Massive thanks to all the team specially Indah and Jamie. My visa conditions was very complicated but they did a great job. Definitely one of the best.”

Maria Helen De Guzman

Bridging Visa E

Indah Melindasari MARN 0961 448

Indah Melindasari, B.Com

Lead Migration Agent – MARN 0961 448

1300 827 159

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