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Employer Nomination Scheme Visa (186)
If you are a skilled worker looking to apply for permanent residency, either as a current subclass 482 Temporary Skill Shortage (TSS) visa holder, or a highly skilled worker who has never held a TSS, the subclass 186 Employer Nomination Scheme (ENS) may be an option for you. While most applicants for an ENS visa will be current TSS visa holders, some occupations have the opportunity to apply for PR directly with an ENS, whether onshore or offshore.
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The Australian Migration Lawyers difference
Fixed price
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
Deal direct with a lawyer
From the first same-day response to the granting of your visa, you’ll have direct access to a lawyer.
Clear communication
Our experienced lawyers will give you regular updates and clear explanations of visa pathways.
Satisfaction guarantee
We offer a client satisfaction guarantee in relation to our visa application services.
Installments available
3 - 6 months installment options available on some visa types.
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What is the Employer Nomination Scheme Visa?
Similar to a 482 TSS visa, the ENS is a sponsored visa which involves a two stage process, being a nomination and visa application. The ENS is divided into three streams, being the Temporary Residence Transition (TRT), Direct Entry stream (DE), and Labour Agreement streams.
The TRT stream is relevant to current 482 TSS visa holders who have worked for their employer for a minimum of two years while holding a TSS, and have been nominated for the 186 ENS by their employer. Occupations on either the short or medium term skilled occupation lists are eligible to apply under the TRT stream.
While the Direct Entry stream also requires a nomination, there is no requirement that the applicant has worked for the sponsor on a 482. The DE stream is only available for occupations on the medium term skilled occupation list, and requires a skills assessment from the relevant assessing authority.
The labour agreement stream is only available for 482 TSS holders in the labour agreement stream, where the agreement allows for ENS nominations.
Once approved, the ENS visa will be granted for a period of 5 years, however it provides for permanent residence and an indefinite stay. The travel facility can be extended by applying for a subclass 155 Resident Return Visa. ENS visa holders will agree to work for their sponsor for two years after the visa grant, however there is no condition requiring a visa applicant to remain with their employer.
Eligibility requirements for a subclass 186 visa in Australia
In order to be successful with an application for an ENS visa, a visa applicant must fulfill the following requirements:
- You must have a valid passport
- Your employer must lodge a nomination for your position, which must be in the same occupation as your 482 if applying in the Temporary Residence Transition stream (TRT)
- For the TRT stream, you must have worked with your employer on a full time basis for at least two of the previous three years while holding a 482 TSS visa
- For Direct Entry stream applicants (DE), you must have a positive skills assessment from the relevant assessing authority and a minimum of three years relevant work experience
- You must have all necessary qualifications and/or registration required for the occupation
- You must be under the age of 45, unless an exemption applies
- You must meet the relevant English language requirements
- You must meet the health and character requirements
Learn more about ENS visa requirements
Benefits of the 186 Visa
As a permanent visa, there are a number of benefits to the ENS visa, which allows a skilled worker to remain in Australia indefinitely, and to apply for Australian citizenship on meeting the criteria.
The ENS visa lets skilled workers apply to be a permanent resident without requiring a state nomination or invitation unlike other skilled visas, providing greater certainty and a faster time frame for foreign workers who meet the criteria. Further benefits for ENS visa holders include:
- A minimum salary of $70,000 plus super
- Unrestricted work, study and travel rights for you and any secondary applicants
- Travel in and out of Australia
- Access to medicare and subsidized study
- You can sponsor eligible relatives to come to Australia as permanent residents
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186 visa checklist
There is a significant amount of evidence required in order to demonstrate that you would meet the eligibility criteria for the grant of an ENS visa, particularly in showing that you have worked for your employer for two years under the TRT stream. The skills assessment process, and the specific requirements for different occupations, can also prove to be an obstacle for a visa applicant looking to apply for permanent residency. Here is a snapshot of some of the documents that you will be asked to provide:
- Passport
- Marriage certificate (if applicable)
- Proof of name change (if applicable)
- National identity card (if applicable)
- Birth certificates
- Divorce/death certificate for previous spouse (if applicable)
- Current CV or resume
- Evidence of relevant qualifications
- Skills assessment outcome (DE stream)
- Evidence of registration or licencing (if applicable)
- Reference letter from former employers
- Evidence that you have worked for your current employer for at least two years on a TSS visa (TRT stream)
- A signed employment contract
- A written reference letter (TRT stream)
- Position details
- Salary details
- Evidence of the genuine need for the employee (DE stream)
- Evidence that the business is actively and lawfully operating
- Military service record or discharge papers (if applicable)
- Medical checks
- Police clearance certificates from former countries of residence
- English test results
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How the Employer Nomination Scheme 186 visa works
The ENS and subclass 482 Temporary Skill Shortage (TSS) visas are linked together, especially in the Temporary Residence Transition stream (TRT). Recent changes to the criteria allow for TSS holders in both the short and medium term streams to apply for an ENS visa in the Temporary Residence Transition stream after two years on a TSS, which has greatly increased the number of people who will now be eligible to apply.
The TRT pathway provides TSS holders with the option to become a permanent resident at the expiry of their TSS, as long as they meet the eligibility criteria. The Direct Entry stream (DE) of the ENS visa is an alternate pathway which allows workers to bypass the requirement of holding a TSS visa by showing the Department that they have a higher skill level in an occupation on the medium term list that has been recognised by the relevant assessing authority. In both streams, the ENS visa consists of a two stage process as follows:
Stage 1: Nomination
Similar to the TSS visa, an employer must first lodge a nomination for the position within their business. The nomination will need to be approved before the visa can be granted, however it is possible to lodge the visa application prior to the nomination being finalised.
Stage 2: Visa application
The last stage is the visa application, which must be lodged after the nomination. An ENS visa application includes evidence of the applicant’s skills and experience to ensure that they would meet the criteria for the relevant stream.
Australian Migration Lawyers can help both a visa applicant and their sponsoring employers to prepare thorough applications to ensure that you have the best chance of success with both stages.
Benefits of using an immigration lawyer
As a permanent visa, there are a number of benefits to the ENS visa, which allows a skilled worker to remain in Australia indefinitely, and to apply for Australian citizenship on meeting the criteria.
The ENS visa lets skilled workers apply to be a permanent resident without requiring a state nomination or invitation unlike other skilled visas, providing greater certainty and a faster time frame for foreign workers who meet the criteria. Further benefits for ENS visa holders include:
- Our team of qualified Australian lawyers draw on their knowledge of legislation, case law, and policy, to give clear and accurate advice on all requirements and strategies relevant to your matter
- As lawyers, we have an obligation to ensure that your application meets all legislative requirements, which greatly improves your chance of success
- We assist in all stages of the process, including the preparation of all necessary applications all the way through to the grant of the visa, including working with you to action any additional requests from the Department of Home Affairs
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Employer Nomination Scheme ENS 186 visa costs
There are two main costs associated with an ENS visa application.
Professional fees payable to Australian Migration Lawyers to prepare the application
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their visa application will be. We strive to be flexible, so we offer payment plans based on financial need. Book a free consultation with one of our qualified lawyers to get a quote.
Department fees
The relevant fees for the Department of Home Affairs in relation to an ENS application are as follows:
- Nomination stage - application fee $540 (nil if the position is located in regional Australia)
- Nomination stage - Skilling Australians Fund levy $3,000-5,000 (based on business turnover)
- Visa stage - application fee $4,640
Visa application process
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and success
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
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186 Visa Processing times
The processing time for an ENS visa can take between four to 10 months under the DE stream, and eight to thirteen months for the Temporary Residence Transition stream, subject to the approval of the nomination. Processing times are subject to the complexity of the case, the completeness of your application and the caseload being processed by the Department. At Australian Migration Lawyers, our goal is to submit high-standard, comprehensive applications that are as complete as possible to help reduce delays and to seek a successful outcome.
Employer Nomination Scheme Visa Considerations
Our legal team at Australian Migration Lawyers are skilled lawyers practising in Australian migration law.
As lawyers, we cannot issue guarantees that your ENS visa will be granted. The decision rests with the Department of Home Affairs, not any one representative, lawyer or migration agent. However, our sound understanding of the law means that we are able to put the best case forward to seek a successful outcome.
We strive to make ourselves as accessible as possible to you
- Most initial consultations are free and recurring services will incur a fixed-fee that we will discuss with you
- You can have a consultation with us from anywhere in Australia as our consultations are online
- We can assist you regardless of where you are in the ENS visa process
- We assist with all stages of the process, including both the nomination and visa applications
- We can work with both you and your sponsor to ensure consistency and quality throughout the whole application process
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Locations
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Melbourne
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Sydney
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Perth
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Brisbane
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Adelaide
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Canberra
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Darwin
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Hobart
Learn moreFrequently asked questions
Read our most frequently asked questions.
What is an ENS visa?
A subclass 186 ENS visa is a permanent visa that allows skilled workers who either hold a subclass 482 TSS visa or who have a skills assessment for an occupation on the medium term skilled occupation list to apply to be a permanent resident upon meeting the relevant criteria. It is a sponsored visa, meaning you will need to have an Australian employer that is willing to sponsor you by lodging a nomination for the position. Permanent residents will also have the option to apply for Australian citizenship on meeting the relevant criteria.
What is the difference between 482 and 186 visas?
The subclass 482 Temporary Skill Shortage visa is a temporary visa that allows skilled workers with a minimum of two years relevant experience to work for a sponsoring Australian employer for a maximum of 4 years. The subclass 186 Employer Nomination Scheme ENS is a permanent visa, allowing an applicant to remain in Australia indefinitely, and conferring all the benefits of permanent residency, including access to subsidized study, Medicare, and no visa conditions.
How long does it take to get a PR with a 186 visa?
As soon as the ENS visa has been granted, all applicants that were included in the application will have PR. The processing times for a subclass 186 are between four to thirteen months, depending on the stream and complexity of the case.
Can I leave my job after getting a 186 visa?
The subclass 186 visa does not come with any conditions, so there are therefore no enforceable conditions that you must remain with your sponsoring employer, unlike the subclass 482. As part of the application you will, however, confirm that it is your intention to remain in the position for two years. Once the visa has been granted, you are free to leave your role or take up additional work, but if the department believes that you did not have the genuine intention to perform in the nominated role, or believes that you have submitted false or misleading information in the application, your visa may be subject to cancellation.
It is safest to remain with your employer for the full two years, however you may choose to leave the position for a valid reason provided that you originally had the intention to remain in the nominated position. Issues will generally only arise where you have left the position very shortly after being granted the visa, or where you have been subject to disciplinary action due to a failure to perform your duties while employed. The outcome will depend on the circumstances of the case and your intention when applying.
About the content author
Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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