186 Visa – Employer Nominated Scheme Visa (ENS)

ENS 186 Visa Brief Highlights

• To be eligible for Employer Nominated Scheme 186 visa you must be nominated by an Australian employer who legally abides the law and matches the criteria.
• There are three streams available which are Direct Entry stream, Labour Agreement stream and Temporary Residence Transition stream.
• To be able to apply for ENS visa 186 in Australia you need a substantive visa or related bridging visa whether it is bridging visa A, B or C.
• Employer Nominated Scheme subclass 186 visa costs $4,045 AUD.

Is a 186 visa permanent?

Yes, Subclass visa 186 allows skilled workers who are nominated by their employer to live and work in Australia permanently.

Employer Nominated Scheme Visa (Subclass 186) streams

There are three streams available under the ENS visa 186:

Direct Entry Stream

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

Stay Duration:

Permanently

Direct Entry Stream ENS Visa 186 Processing Time:

• 75% of applications in 6 months.
• 90% of applications in 8 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 in this stream also must demonstrate that they have earned the salary nominated in their 457/482 nomination in each relevant year.

Stay Duration:

Permanently

TRT Stream ENS 186 Visa Processing Time:

• 75% of applications in 6 months.
• 90% of applications in 8 months.

source

Labour Agreement Stream

This stream is for skilled workers who are sponsored by an employer through a labour agreement.

Stay Duration:

Permanently

Labour Agreement Stream ENS Visa 186 Processing Time:

Currently unavailable.

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

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

1. You can enrol in Australia’s public health care scheme, Medicare,
2. You can sponsor eligible relatives to come to Australia,
3. 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.

Criteria for all of ENS 186 Visa streams

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

Criteria for ENS 186 Visa Direct Entry (DE) Stream

• Your occupation must be on the relevant list of eligible skilled occupations (SOL),
• Your occupation must be on the relevant list of eligible skilled occupations,
• You must have at least Competent English,
• You must have an occupation that is on the list of eligible skilled occupations,
• You must have at least 3 years of relevant work experience,
• You must have a positive skills assessment, except if you have been nominated as an academic by a university in Australia, or have been nominated as scientist, researcher or technical specialist by an Australian government scientific agency, or if you are now holding a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461)

Criteria for ENS Visa 186 Temporary Resident Transition (TRT) Stream

• You must hold a 457, TSS or related bridging visa A, B or C,
  You must have worked for your employer as a full-timer for at least three years,
  You must have the required skills and qualifications needed to perform the tasks of the nominated occupation,
  If the business ownership of the subclass 457 or subclass 482 sponsor has changed in the last 3 years – for example, due to a business sale, takeover or restructure – you might still be able to count the time you worked for the previous business,
  You must apply for the visa within 6 months of the nomination being approved,
• You must currently be the primary visa holder of either:
  • a subclass 457 visa that was not granted under the Labour Agreement stream,
  • a subclass 482 (TSS) visa granted for an occupation on the Medium to Long-term Strategic Skills List,
  • Bridging visa A, B or C, the bridging visa must be the one you were granted after your subclass 457 or TSS visa expired.

Criteria for ENS 186 Visa Labour Agreement Stream

• You must currently work or will work, for an employer who is a party to a labour agreement.
• 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.

Can I leave my employer after getting 186 visa?

After you are granted the visa, the Department expects you to work for your employer who is nominating you for at least 2 years before changing employer.

How long does a 186 visa last?

Employer Nominated Scheme subclass 186 is a permanent visa. You can stay in Australia indefinitely and be able to work and study in Australia and be eligible to apply to Australia’s public health scheme as well. From the date you were granted this visa, you can travel to and from Australia for up to 5 years.

Is 186 Visa still available?

Yes even during this time the 186 visa is still available, Home affairs is however prioritising Occupations that are listed on the PMSOL or in critical sectors and onshore applications.

What if 186 nomination refused?

The sooner you deal with this situation the better but your options are at this point to avoid a visa refusal you can withdraw the visa application. The other option is to lodge a nomination review application with the Tribunal, allow the visa application to also be refused and then lodge a separate visa review application with the Tribunal.

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!

1. What are the requirements to be able to apply for this visa 186?
   • Firstly, you have to meet all the criteria and are eligible to apply for the visa. You must have an eligible occupation, have relevant work experience, have a positive skills assessment, and be nominated by an eligible Australian employer. You are also required to not have had any refusal or cancellation history while you are in Australia, otherwise, you will not be able to apply for this visa.
2. Can I include my family in 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.
3. Do I have to have a certain English language ability to apply for an Employer Nominated Scheme visa?
   • Yes. You have to 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 exempted, 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.
4. How much does ENS visa 186 cost?
   • Employer Nominated Scheme subclass visa 186 costs $4,045 to apply. Additional charge applies for each family member who is included in your ENS visa 186 application. Furthermore, if any of the family members is 18 years of age and older and does not meet the English requirement (Functional English), you will be required to pay the second installment of $4,890.
5. 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.
6. How long will the process take until I get the decision?
   • ENS visa 186 will generally take about 6 to 8 months to be processed, assuming you have met all the requirements and provided all additional information.