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186 Visa

The Subclass 186 Employer Nomination Scheme (ENS) visa is a permanent residency visa that requires sponsorship from a nominating employer. Here’s a breakdown of the key details:

 

Visa Streams

  • Transition Stream, Direct Entry Stream, and Agreement Stream: These are the three pathways under the 186 visa.
  • Occupations List: Your occupation must be on the 186 Visa Occupations List.
  • English Language Requirements: You need an IELTS score of 6 (or equivalent) in each component.
  • Age Requirements: For the Direct Entry stream, applicants must be under 45 at the time of application. For the Temporary Residence Transition stream, the maximum age is 50.
  • Amendments: Recent changes have been made to improve the integrity of ENS and RSMS visas, including verifying that the nominated position is genuine and removing English language and skills exemptions for applicants earning over $180,000.

Purpose

The 186 ENS visa allows Australian employers to fill highly skilled positions with qualified migrants when they cannot find suitable candidates in the local labor market.

Employer Requirements

To sponsor a worker, the business must:

  • Be actively and legally operating in Australia.
  • Genuinely need the employee to work in the nominated position under their direct control.
  • Have the capacity to employ the worker in this position for at least two years.

Visa Overview

The Subclass 186 visa is a permanent residence visa for skilled workers with a nominating employer. It involves two steps:

  1. Nomination: By an approved Australian employer.
  2. Visa Application: By the skilled worker.

Applicants can apply for this visa from inside or outside Australia, provided they hold a valid visa or a bridging visa A, B, or C if applying within Australia.

Position Requirements

The position being filled must:

  • Be full-time and available for at least two years from the date the visa is granted.
  • Be on the current Medium and Long-term Strategic Skills List (MLTSSL).
    • Note: Some occupations may have additional requirements, such as salary or specific business types.
  • Offer a salary of at least $70,000 per year (excluding non-monetary benefits) and meet the Annual Market Salary Rate (AMSR) for the nominated occupation.
    • Note: AMSR is the salary an Australian would earn for equivalent work at the same location.
    • Exemption: AMSR requirements do not apply if the salary exceeds $250,000 per year.
  • Ensure employment conditions (other than salary) are at least as favorable as those for Australians in equivalent roles.

Visa Applicant Requirements

As the visa applicant, you must:

  • Have competent English:
    • Hold a valid passport from the UK, USA, Canada, New Zealand, or Ireland (and be a citizen of that country), or
    • Score at least 6 in each component of the IELTS test (or equivalent), or
    • Score at least B in each component of the OET test, or
    • Score at least 12 in listening, 13 in reading, 21 in writing, and 18 in speaking on the TOEFL iBT test, or
    • Score at least 50 in each component of the PTE test, or
    • Score at least 169 in each component of the CAE test.
    • Note: The test must have been taken within the last three years.
  • Have your skills assessed as suitable for your nominated occupation by the relevant authority.
  • Have at least three years of full-time experience in your nominated occupation.
  • Be under 45 years of age.
  • Meet any mandatory licensing, registration, or professional membership requirements.
  • Satisfy the relevant health and character criteria.

186 ENS Visa Application Process

Stage 1: Nomination Application

This application is submitted to the Department of Home Affairs (DOHA) by your employer, specifically for the skilled position you have been offered, which must meet the relevant criteria. Your employer must provide supporting documents to the DOHA, with the nature and extent varying depending on the business’s specific circumstances. Employers are required to pay a one-time Skilling Australians Fund (SAF) levy for each subclass 186 nomination they lodge. The amount of this levy is based on the employer’s annual turnover.

Note: If the nomination is approved before the visa application is submitted, you must lodge your visa application within six months of the nomination’s approval.

Stage 2: Visa Application

Your visa application can be lodged with the DOHA either simultaneously with the nomination application or within six months after the nomination has been approved. To be eligible, you must meet the specified criteria, including standard health and character checks. Once both the nomination and visa applications are approved, you will be granted a permanent subclass 186 – Employer Nomination Scheme visa. This visa can be granted whether you are inside or outside Australia.

Skills Assessment Application

Before submitting your visa application, you must have your skills (qualifications and/or work experience) formally assessed to ensure they meet the required level for the nominated skilled occupation.

For each occupation listed on the Medium and Long-term Strategic Skills List (MLTSSL), the DOHA has designated an assessing authority responsible for conducting skills assessments. Only assessments conducted by the relevant authority will be accepted by the DOHA in support of your visa application.

If you haven’t yet obtained an acceptable skills assessment, we can assist by identifying the correct authority, providing a full list of required documents, preparing your application, and lodging it for assessment. Please note that our services for this include a separate professional fee, and an additional fee is payable to the skills assessing authority.

For more information regarding skills assessment applications, please contact our office.

Employer Nomination Scheme (ENS 186 Visa)

This visa has three main streams:

  1. Temporary Residence Transition Stream
    For holders of 457 or TSS 482 visas who have worked for their nominating employer for at least two years (three years for TSS visa holders) in the same occupation and wish to transition to a permanent position in that occupation.
  2. Direct Entry Stream
    For applicants who are formally qualified in their occupation, have at least three years of skilled work experience in that occupation, and whose occupation is listed on the 186 Visa occupations list (Direct Entry). This stream is available even if the applicant has not worked for their nominating employer on a 457 or TSS 482 visa for the required period.
  3. Agreement Stream
    For applicants sponsored by an employer through a labor agreement.

Note: The Department of Home Affairs is collecting Tax File Numbers for these visa holders, and data will be matched with the Australian Tax Office’s records to ensure compliance with the nominated salary.

Recent Changes

The Department of Home Affairs has set November 25, 2023, as the implementation date for changes to the employer-sponsored permanent residency program. Key changes include:

  • Short-term TSS 482 visa holders will have access to permanent residency under the 186 Temporary Residence Transition (TRT) stream.
  • All TSS 482 visa holders will be eligible for ENS visas sponsored by their employers.
  • Eligibility for ENS TRT will be after two years of sponsorship on a TSS visa, down from three years.
  • The limit on Short-Term stream TSS visa applications made onshore has been removed.

186 Visa Permanent Employer Sponsored Skilled Visa Programs:

  • Occupation Lists: The MLTSSL now applies to both the ENS and the Regional Sponsored Migration Scheme (RSMS), with additional occupations available to support regional employers for the RSMS.
  • Minimum Market Salary Rate: Employers must pay the Australian market salary rate (AMSR) and meet the Temporary Skilled Migration Income Threshold (TSMIT), which is a minimum of $70,000 as of July 1, 2023.
  • Residency: The eligibility period to transition to permanent residence will be extended from two to three years for those on a 457 visa wishing to apply for a 186/187 visa.
  • Work Experience: At least three years of relevant work experience is required for the specific occupation.
  • Age: Applicants must be under 45 at the time of application unless they fall under one of the specified exemptions.
  • Training Requirement: Employers must contribute to the Skilling Australians Fund (SAF) at the time of worker nomination. The fee is $3,000 for small businesses (annual turnover under $10 million) and $5,000 for other businesses.

Frequently Asked Questions (FAQs):

  • 457 Visa Grant After April 18, 2017: If granted a 457 visa after this date, it will only be valid for two years with one possible extension for another two years. You will not be eligible for a permanent 186/187 visa under that occupation if it is on the STSOL.
  • Eligibility for 186 TRT Stream: If you’ve held a 457 visa for the last two years and are now eligible for the 186 TRT, you won’t be affected by the new three-year work experience requirement; you may qualify under grandfathering provisions.
  • Applying for a 186 Visa After Holding a Subclass 491 or 494 Visa: If you are currently or were previously holding a Subclass 491 or 494 visa, you must have held that visa for at least three years before applying for the 186 visa unless specific circumstances apply.
  • Age Limit for 186 Visa: Applicants must be under 45 at the time of application unless exempt under one of the specified categories (e.g., academic, medical practitioner, science, or transitional 457 workers under 50). Legacy 457 workers are exempt from the age requirement.

For the latest changes to the 186 visa, please refer to ENS 186 visa immigration news.