Employer Nomination Subclass 186 Visa

This visa enables employers in Australia to sponsor a skilled worker for permanent visa where employers can't source an appropriately skilled worker who is an Australian Citizen or Permanent Resident.

Subclass 186 Visa Details

Employer Nomination (Class GK) Subclass 186 Visa

The Employer Nomination Scheme (ENS) allows employers to sponsor foreign workers for permanent residence to fill genuine vacancies in their business. The ENS visa has three streams: Temporary Residence Transition (TRT) Stream, Direct Entry (DE) Stream and Labour Agreement (LA) Stream.

186 Direct Entry Stream

The 186 Employer Nomination DE stream provides employers with the opportunity to employ overseas workers who are untested in the Australian labour market. This stream also accommodates workers within Australia who are ineligible for the TRT stream. For the nominated occupation to be eligible, it must be on the 186 Visa occupation list at the time of nomination application.

Labour Agreement Stream for 186 Visa Australia

The Labour Agreement stream for is for persons who are being sponsored by an employer who is a party to a labour agreement that is in effect.

Temporary Residence Transition Stream

The TRTS stream is for TSS visa (Subclass 482) holders or Subclass 457 visa holders who have worked in the position for their employer for at least the last three years out of four years before being nominated and the employer wants to offer them a permanent position in that same occupation. Visa applicants who fall under the transitional arrangements are required to have worked for their employer for at least the last two years out of three years before being nominated under the TRTS stream.

Including Family Members

If you have spouse/partner and kids, they can also be included in your ENS 186 visa application.

Subclass 186 Visa Fees

Base application charge: A$4,115; Additional applicant charge for an applicant who is at least 18: A$2,060; Additional applicant charge for an applicant who is less than 18: A$1,030. Nomination Application Fees: A$540; Skilling Australia Fund LEvy: A$3000 for a business with annual turnover less thanA$10 Million or A$5000 for a business with annual turnover more than A$10 Million.

186 Visa Processing Time

186 processing time for Direct Entry Stream / Labour Agreement Stream: 75% of applications in 7 Months, 90% of applications in 9 months; Temporary residence Transition Stream: 75% of applications in 17 Months, 90% of applications in 21 months.

Nomination Application 186 Visa Requirements

Who Can Nominate Visa Subclass 186

A nominator may be an individual, a partnership, a body politic, a body corporate or an unincorporated association. Business entities may operate under a range of organisational or business structures, which fall within the above definitions. The most common structures are sole trader, partnership, proprietary company, public company, government department, statutory authority or not-for-profit organisation.

Contribution to the Skilling Australian Fund (SAF)

 The nomination to be accompanied by the applicable nomination training contribution charge (known as the Skilling Australians Fund (SAF) levy).

No Adverse Information

Either there be no adverse information known to the Department about the nominator or a person associated with the nominator, or that it be reasonable to disregard such adverse information.

Compliance with Employment Laws

The nominator to have a satisfactory record of compliance with relevant Commonwealth and State/Territory workplace relations laws. Sources from where information can be considered are, the Department of Jobs and Small Business (DJSB) or the Fair Work Ombudsman (including via the Australian Border Force) regarding employers who have been prosecuted for a breach of workplace relations laws; or whom DJSB believes have breached workplace relations laws, but prosecution is unwarranted or not possible.

Genuine Need for the Identified Person to be Employed in the Position

There must be a genuine need for the nominator to employ an identified person in the nominated position.

Person Identified in the Nomination will be Employed Full Time for at least Two Years

The person identified in the nomination must be employed in the position on a full-time basis for at least two years, and the contract for the identified person cannot contain an express exclusion of the possibility of extending employment.

Capacity to employ the person for at least two years and pay the market salary rate

The nominator has sufficient financial capacity to employ the nominee for the next two years.

Direct Entry (DE) Stream for Subclass 186 Visa

Actively and lawfully operating a business in Australia

The nominator must be lawfully and actively operating a business in Australia in order for a DE nomination to be approved. The assessment as to whether the business of the nominator is lawfully operating involves verifying that the business and its activities are registered with relevant authorities such as Australian Tax Office (ATO), registration with the Australian Securities and Investment Commission (ASIC), Australian Registered Body Number (ARBN) or registration of a business name.

Nomination Under 186 Visa Direct Entry Stream

A nomination can only be approved under the LA stream where a labour agreement has been entered into between the nominator and the Department, which includes access to permanent visa pathway. The timing of access to permanent residence will be as specified in the labour agreement. This agreement must still be in effect at the time the application is approved.

Have Relevant Work Experience for Visa 186 Direct Entry Stream

Unless exempt, most applicants need to have at least 3 years relevant work experience in their occupation. Applicants who are exempt from the skills assessment requirement are also exempt from the work experience requirement.

Have Positive Skills Assessment for 186 DE

For 186 DE visa, most applicants need to have a skills assessment that shows they have the skills to work in the nominated position. Learn more about skills assessments.

English Language Requirement for DE Stream

You must have at least competent English to be granted this stream of the visa. IELTS Academic or General Training - At least 6 for each of the 4 components, TOEFL iBT - At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking, PTE - At least 50 for each of the 4 components, OET - At least B for each of the 4 components, ​Cambridge C1 Advanced - At least 169 in each of the 4 components.

186 Visa Conditions after Granted

If the applicant is outside Australia when the visa is granted, then the first entry must be made before the date specified on the visa grant letter. if the applicant satisfies the secondary criteria for the grant of the visa,  then holder of the visa must not marry or enter into a de facto relationship before entering Australia.

Labour Agreement (LA) Stream for Subclass 186 Visa

Labour Agreement Stream

Labour agreements enable approved businesses to sponsor skilled overseas workers when there is a demonstrated need that cannot be met in the Australian labour market and where standard temporary or permanent visa programs are not available.

Permanent Residence Pathway in LA Stream

Permanent residence is only available through the Subclass 186 Labour Agreement stream if it has been included as an option in the subclass 457 or subclass 482 negotiated labour agreement.

Nominator must be party to a labour agreement

A nomination can only be approved under the LA stream where a labour agreement has been entered into between the nominator and the Department, which includes access to permanent visa pathway. The timing of access to permanent residence will be as specified in the labour agreement.

Occupation must be specified in the labour agreement

Nominations can only be approved for occupations that are specified in the labour agreement and where a nomination ceiling remains available.

Requirements specified in the labour agreement must be met

An LA nomination cannot be approved unless any requirements specific to the nomination outlined in the relevant labour agreement are met.

English Language Requirement for LA Stream

You must have at least competent English to be granted this stream of the visa. IELTS Academic or General Training - At least 4.5 for each of the 4 components, TOEFL iBT - A total band score of at least 32 based on the 4 test components of speaking, reading, writing and listening, PTE - An total band score of at least 30 based on the 4 test components, ​Cambridge C1 Advanced - An total band score of at least 147 based on​ the 4 test components.

Temporary Residence Transition Stream (TRTS) for Subclass 186 Visa

Permanent Residence Pathway for Existing TSS or Subclass 457 Visa Holders

You must be working for atleast 3 years (excluding any unpaid leaves) for your nominating employer on Subclass 482 or Subclass 457 visa, before you can apply for 186 TRT visa.

Nomination Under Temporary Residence Transition Stream

A nomination can only be approved under the LA stream where a labour agreement has been entered into between the nominator and the Department, which includes access to permanent visa pathway. The timing of access to permanent residence will be as specified in the labour agreement. This agreement must still be in effect at the time the application is approved.

Transitional Arrangements

Transitional arrangements apply to certain applicants based on their visa history. Transitional 457 Worker: A transitional 457 worker is someone who held a subclass 457 visa at any time on or after 18 April 2017. Transitional 482 Worker: A transitional 482 worker is someone who, on the 20 March 2019, either held a subclass 482 visa in the medium-term stream, or had applied for one which was subsequently granted.

Work Experience with the Nominating Employer

The applicant need to have worked with the nominating employer for at least 3 years in their nominated occupation, while being on Subclass 482 visa or Subclass 457 visa (if transitional arrangements apply). Applicant applying under this stream dont need to have skills assessment. However, the case office may still request the skills assessment if deemed necessarry.

English Language Requirement for TRT Stream

You must have at least competent English to be granted this stream of the visa. IELTS Academic or General Training - At least 6 for each of the 4 components, TOEFL iBT - At least 12 for listening, 13 for reading, 21 for writing and 18 for speaking, PTE - At least 50 for each of the 4 components, OET - At least B for each of the 4 components, ​Cambridge C1 Advanced - At least 169 in each of the 4 components.

Employer Nomination Subclass 186 Visa Checklist

For all Applicants to be included in the application

1. Identity documents such as passport, birth certificate, proof of name change such as marriage or divorce certificate.
2. If you are or have been married, widowed, divorced or permanently separated, provide proof such as marriage certificates, divorce documents, death certificates, separation documents or statutory declarations.
3. Provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, any military service records or discharge papers if you served in the armed forces of any country.
4. Passport size photographs.

For Primary Applicant

5. All academic certificates and transcripts.
6. Employment reference letters and evidence of payslips.
7. English test results such as IELTS or PTE Academic or TOEFL or OET.
8. Any professional registration or license certificate.
9. Your curriculum vitae or resume that includes your full employment and educational history, including dates and positions held within last ten years.
10. Bank statements, tax records and superannuation record (If Skills Assessment is required).

All documents are to be color pdf files. Where documents are not in english, an authorised translated version needs to be provided.