The 186 Employer Nominated Scheme (ENS) visa is designed to assist Australian companies to fill skilled staffing shortages in their business.

This is a permanent visa that permits the holder to work full time for their sponsoring
employer in the nominated position.
The position to be filled must be an occupation on the Department of Home Affairs list of occupations eligible for this visa, unless exempt. There are three streams available in the visa subclass. The stream applied for will depend on the visa applicant’s current visa and immigration history in Australia.
This information sheet is not conclusive and is designed to provide a basic overview of the visa subclass only. Please contact your migration agent for an assessment of your eligibility and for further assistance.
 

1) Temporary Residence Transition Stream
This stream may available to those who already hold a 457 or TSS and have worked for their sponsoring employer for at least 2 years on their visa.
This is a permanent visa that will permit the holder to remain in Australia indefinitely once granted. It provides a pathway to citizenship.
 

2) Direct Entry Stream
This stream overrides the requirement for the applicant to have worked for the employer for 3 years on their 457/482 visa. This visa is available to those whose occupation is available on the list of occupations for this visa subclass. Applicants must have 3 years work experience at the required skill level and a positive skills assessment in their occupation unless they are exempt.
This stream provides a good route for employers wishing to permanently sponsor
employees who may soon reach 45 years of age. It is also a good route for employers to save on the 482 SAF levy. This stream provides a beneficial avenue for NZ 461 and 444 visa holders to achieve permanent residency. Numerous exemptions are available to 461 and 444 holders.
This is a permanent visa that will permit the holder to remain in Australia indefinitely once granted. It provides a pathway to citizenship.

3) Labour Agreement Stream
This stream is available if there is a genuine need for the position and the occupation is not identified on the designated list of occupations eligible for the subclass 186 visa. The sponsoring company must have entered into an approved agreement with the
Commonwealth to sponsor applicants under this stream.

Please book a consultation for further information regarding these streams.
 

What Are the Steps to Apply for This Visa
There are two steps required for the ENS visa. This involves two separate applications. One of these is the responsibility of the sponsoring employer, one of these is the responsibility of the visa applicant. Each application must be approved for the next step application to be approved. It is possible to lodge both applications at the same time.

1) Nomination
The sponsoring company must lodge a nomination application for the applicant that
identifies the position sought to be filled.
Once approved, this nomination is valid for 6 months. The visa application must be lodged within the 6 months post approval. The visa application may be lodged immediately after lodgement of the nomination application.
There are several requirements to be filled for the nomination to be approved.

Legitimate Business
The sponsoring company must be lawfully operating in Australia.

Minimum Employment Term
The position must be available to the applicant must be full time and ongoing. The position must be available to the applicant for at least 2 years post visa grant and must not have any exclusion past this time frame.

Genuine Position
The sponsoring company must evidence that there is a genuine need for the position to be filled. They are required to establish that the position has not been created for the purpose of sponsoring the foreign worker.
 

Market Salary Rate
The employer must evidence that they will pay their employee a salary that is
commensurate with their skills and experience that is comparable to what an Australian citizen or permanent resident would be paid.
The applicant must also be paid above the Temporary Skilled Migration Income Threshold (TSMIT) of $70,000 If applying under the TRT Stream, the applicant must have been paid at or above the rate listed in their 457/TSS visa. There are some exemptions available for those impacted by the COVID pandemic.

Training Levy
There have been recent changes to the training requirement for employer sponsored visas. The training levy has now been changed to a payment into the Skilling Australians Fund (SAF). This is known as the SAF levy. The SAF levy is required to be paid at the nomination stage and will be one of the following:

• Small Business – businesses with less than $10M annual turnover will be required to pay $3000 for the nomination.

• Large Business - businesses with more than $10M annual turnover will be required to pay $5000 for the nomination.

Same Employer - TRT only
The business must be the same as the sponsoring business for the applicant’s 457/TSS visa, unless exempt.

Labour Market Testing - Recommended for Direct Entry
The position to be filled must have been recently advertised. Exemptions may apply.

NOTE: Further requirements may be applicable depending on the occupation and stream.

Please contact Daley Migration Services for further assessment.
 

2) Visa Application
There are various aspects of the visa application that should be considered.

Same Employer - TRT only
The business must be the same as the sponsoring business for the applicant’s 457/TSS visa, unless exempt.
 

Skills - Direct Entry Only
The visa applicant must be able to evidence that they hold the required skills, qualifications and experience required of the role they are nominated to fill. Unless exempt, the applicant must be able to pass a skills assessment in their occupation and evidence a minimum of three years full time work experience in their occupation,

at the required skill level.

English
Unless exempt, the applicant must evidence that they meet the English language
requirement for their stream.

 

Age
Be under 45 years of age, unless an exemption applies.

Family
It is possible to include your family members in this application. All applicants must pass a health and character assessment.

NOTE: Further requirements may be applicable depending on the occupation and stream. Your previous Australian immigration history will need to be considered before applying for this visa. Please contact Daley Migration Services for further assessment.
 

Next Steps
Our Registered Migration Agent is happy to assist you with the preparation and lodgement of your 186 application. We will review your documents and ensure that you meet the eligibility requirements before applying.

Our Registered Migration agent is experienced in managing complex 186 cases including:

• Grandfathering arrangements

• Business going into administration

• Associated entities

• Adverse information

• ABF investigations

• Age and language exemptions

• Health and character waivers

• NZ 461 and 444 applicants
   

Note that whilst exemptions are available, it is not common for an exemption to be
available.

Please contact us to book an appointment for further information and assessment of
your eligibility.