A Brief Guide to the Employer Nomination Scheme (Subclass 186)(ENS) Visa

The Employer Nomination Scheme (Subclass 186) (ENS) visa allows businesses to sponsor foreign workers for permanent residency. Nominated workers can be either temporary residents already working in Australia or individuals residing and working outside Australia.

A successful ENS application requires both a nomination and a visa application. For further details about this program, please refer to our dedicated page.

Eligibility Requirements for an ENS Nomination

To qualify for a valid nomination, the following conditions must be met:

1. The business must be actively and lawfully operating in Australia.

2. There must be a genuine need for the visa applicant in the nominated position under the employer’s direct control.

3. The business must have the capacity to employ the individual for at least two years.

4. The position must be full-time and available for a minimum of two years from the visa grant date.

5. The position must offer a salary of at least:

o AUD 73,150 per annum, and

o At least the annual market salary rate for the nominated occupation.

6. The position must provide employment conditions that are no worse than those for Australian workers in equivalent roles.

Eligibility Requirements for an ENS Visa

There are three streams under the ENS visa:

· Temporary Residence Transition (TRT)

· Labour Agreement

· Direct Entry (DE)

Each stream has distinct criteria, making it essential to apply under the appropriate category to maximize approval chances.

Temporary Residence Transition (TRT) Stream

General requirements for this stream:

1. Must have held a 457 or 482 visa and worked full-time in the nominated position (or a closely related one) in Australia for at least two years within the past three years.

2. Must be genuinely performing the tasks of the nominated position.

3. Must have competent English proficiency.

4. Must be under 45 years of age.

5. Must meet any mandatory licensing, registration, or professional membership requirements.

6. Must satisfy the relevant health and character criteria.

Direct Entry (DE) Stream

DE applicants must have an occupation listed on the relevant occupation list. Instead of proving they have worked on a 457 or 482 visa for two years, they must:

1. Have their skills assessed as suitable for the occupation by the relevant skills assessing authority.

2. Have at least three years of post-qualification experience in the relevant occupation.

3. Have competent English proficiency.

4. Be under 45 years of age.

5. Meet any mandatory licensing, registration, or professional membership requirements.

6. Satisfy the relevant health and character criteria.

Labour Agreement Stream

This stream is for applicants working for an employer with a labour agreement in place. These agreements are industry-specific and negotiated with the Department of Home Affairs. For detailed guidance, please contact a LEAMSS representative.

Can Family Members Be Included?

ENS visas may include immediate family members, defined as:

· A de facto partner or spouse (same or opposite sex), with proof of a genuine relationship and cohabitation.

· Dependent children or stepchildren under 18 years of age.

· Unmarried adult children aged 18 to 23 who are financially dependent on their parents.

All family members must meet health and character requirements.

If you are already in Australia on an ENS visa and wish to bring family members, you must apply for a separate family visa. Various temporary and permanent options are available. Book a consultation to determine the best pathway for your situation.

Do I Need to Continue Working in My Occupation?

Once granted, the ENS visa provides permanent residency with no employment conditions. This means visa holders are not required to maintain employment in the same occupation after obtaining their visa.

ENS 186 Visa Application Process

Step	Process	Timeline
1	An Australian employer agrees to sponsor your visa application.	Variable
2	The employer collects relevant documents and submits a nomination application.	~1 month from initiation (LMT requirements apply)
3	The employee collects relevant documents and submits a visa application.	Can be done simultaneously with Step 2
4	Nomination and visa applications are lodged with the Department of Home Affairs.	Usually within 1-2 days of Step 2
5	Waiting period for a decision on the nomination and visa application.	~12 months
6	Visa grant. The visa holder should work for the sponsoring employer for at least two years post-approval.	2 years

Final Thoughts

The ENS 186 visa application process involves multiple steps, and meeting all requirements is crucial to avoid costly refusals. LEAMSS has a team of experienced migration professionals ready to assist in streamlining your application and increasing your chances of success.

For more information or a personalized consultation, contact LEAMSS today.

Frequently Asked Questions (FAQs)

Q.1 What is the Employer Nomination Scheme (Subclass 186) visa?

The Employer Nomination Scheme (ENS) Subclass 186 visa allows Australian employers to sponsor skilled foreign workers for permanent residency in Australia. Applicants can be either temporary residents already working in Australia or individuals applying from outside the country.

Q.2 What are the eligibility requirements for an ENS nomination?

For an ENS nomination to be valid, the employer must be actively and lawfully operating in Australia, offer a genuine full-time position for at least two years, and provide a salary of at least AUD 73,150 or the market salary rate, whichever is higher. The employment conditions must also match those offered to Australian workers in similar roles.

Q.3 What are the requirements for the Direct Entry (DE) stream?

Applicants under the Direct Entry stream must have their skills assessed by the relevant authority, have at least three years of relevant work experience, meet competent English requirements, be under 45 years of age, and satisfy licensing, health, and character requirements.

Q.4 What is the Labour Agreement stream of the Subclass 186 visa?

The Labour Agreement stream is for workers sponsored by employers who have a labour agreement with the Australian government. These agreements are usually industry-specific and allow employers to hire overseas workers when local labour is not available.

Q.5 Can family members be included in a Subclass 186 ENS visa application?

Yes, applicants can include immediate family members such as a spouse or de facto partner, dependent children under 18, and unmarried dependent children aged 18–23. All family members must meet health and character requirements.

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A Brief Guide to the Employer Nomination Scheme (Subclass 186) (ENS) Visa