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What Is the Australia 186 Visa (Employer Nomination Scheme)?

  • 2 days ago
  • 9 min read

The Australia 186 visa, formally known as the Employer Nomination Scheme (ENS), is a permanent residence visa that allows skilled workers to live and work in Australia permanently when nominated by an approved Australian employer. Unlike temporary work visas, the 186 visa grants permanent residency from the outset — the visa holder can live, work, and study in Australia indefinitely, sponsor eligible family members for permanent residence, and apply for Australian citizenship after meeting the residency requirements.

The 186 visa is one of the primary pathways to Australian permanent residency for skilled workers who are already working in Australia on a temporary visa, as well as for skilled workers outside Australia who have been offered a permanent position by an Australian employer. It is administered by the Department of Home Affairs and is subject to the standard Australian immigration health, character, and English language requirements.

The 186 visa is distinct from the 482 Temporary Skill Shortage (TSS) visa, which is a temporary visa that allows employers to sponsor overseas workers for up to four years. Many 482 visa holders use the TSS as a stepping stone to the 186 ENS, transitioning to permanent residency after meeting the work experience requirements.

The Three Streams of the 186 Visa

The 186 visa has three streams, each designed for a different applicant profile. Understanding which stream applies to a given situation is the first step in the application process.

Temporary Residence Transition (TRT) Stream. The TRT stream is designed for workers who are already in Australia on a 482 TSS visa (or a legacy 457 visa) and have been working for their nominating employer for at least two years in the nominated occupation. This is the most common pathway to the 186 visa for workers already in Australia. The TRT stream does not require a formal skills assessment from a relevant assessing authority, as the two years of Australian work experience in the occupation serves as the primary evidence of skill.

Direct Entry (DE) Stream. The Direct Entry stream is designed for workers who are outside Australia, or who are in Australia but do not meet the TRT stream requirements. The DE stream requires a formal skills assessment from the relevant assessing authority for the nominated occupation. The skills assessment evaluates whether the applicant's qualifications and work experience are equivalent to Australian standards for the occupation. The DE stream is used by employers who wish to sponsor a skilled worker directly for permanent residence without a prior temporary visa stage.

Labour Agreement Stream. The Labour Agreement stream is for workers who are being nominated under a formal labour agreement between an employer and the Australian government. Labour agreements are negotiated for specific industries or employers where standard visa programs do not adequately meet workforce needs. This stream is less common than the TRT and DE streams.

Employer Eligibility and Obligations

The 186 visa requires nomination by an approved Australian employer. The employer must be a standard business sponsor (or be approved as one) and must meet specific requirements to nominate a worker for the 186 visa.

The nominated position must be a full-time, ongoing position in Australia. The position must be in an occupation on the relevant skilled occupation list. The employer must demonstrate that the position is genuine — that is, that there is a real business need for the role and that it is not being created solely for the purpose of obtaining a visa for the worker.

The employer must pay the nominated worker at least the Annual Market Salary Rate (AMSR) for the occupation in the location where the work will be performed. This requirement ensures that overseas workers are not used to undercut Australian workers' wages. The employer must also pay the Skilling Australians Fund (SAF) levy, which is a training levy that funds Australian workforce development.

The employer's nomination is assessed separately from the applicant's visa application. Both the nomination and the visa application must be approved for the 186 visa to be granted.

Skills Assessment Requirements

For the Direct Entry stream, the applicant must obtain a positive skills assessment from the relevant assessing authority for the nominated occupation. The assessing authority evaluates whether the applicant's qualifications and work experience are equivalent to Australian standards.

The skills assessment process varies by occupation and assessing authority. For most trade occupations, the assessing authority is Trades Recognition Australia (TRA). For engineering occupations, it is Engineers Australia. For accounting occupations, it is CPA Australia or Chartered Accountants Australia and New Zealand. For medical and health occupations, the relevant medical boards and councils conduct the assessment.

The skills assessment is typically based on a review of the applicant's qualifications, work experience, and in some cases, a practical skills demonstration. The process can take several months and should be initiated well in advance of the visa application.

For the TRT stream, a formal skills assessment is generally not required, as the two years of Australian work experience in the nominated occupation serves as evidence of skill.

English Language Requirements

All 186 visa applicants must demonstrate English language proficiency. The minimum requirement is Vocational English, which is defined as an average score of at least 5.0 on each component of the IELTS test (or equivalent scores on other approved tests such as PTE, TOEFL iBT, or OET).

Applicants who are citizens of the United Kingdom, the United States, Canada, New Zealand, or the Republic of Ireland are exempt from the English language requirement, as English is the primary language of these countries.

Some applicants may be eligible for an exemption from the English language requirement if they have completed at least five years of full-time study in a secondary and/or higher education institution where the instruction was conducted in English.

Applicants who hold a passport from a non-exempt country and have not completed qualifying English-medium education must provide results from an approved English language test taken within the three years before the visa application is lodged.

Age Requirements

For the Direct Entry stream, applicants must be under 45 years of age at the time the visa application is lodged. For the TRT stream, applicants must also be under 45 years of age, unless an exemption applies. Exemptions to the age requirement are available in limited circumstances, including for certain high-income earners and for applicants in specific occupations.

186 vs. 482 TSS Visa: Understanding the Relationship

The 482 Temporary Skill Shortage (TSS) visa and the 186 Employer Nomination Scheme visa are closely related but serve different purposes. The 482 is a temporary visa that allows employers to sponsor overseas workers for up to four years. The 186 is a permanent visa that grants indefinite residency rights.

Many skilled workers in Australia follow a two-stage pathway: first obtaining a 482 TSS visa to work in Australia, then transitioning to a 186 ENS visa after meeting the TRT stream requirements (two years of work experience with the nominating employer). This pathway is well-established and widely used by employers and employees across a range of industries.

The key advantage of the 186 over the 482 is permanency. A 186 visa holder has the right to remain in Australia indefinitely, is not tied to a specific employer after the visa is granted, and can apply for Australian citizenship after meeting the residency requirements. A 482 visa holder must maintain their employment with the sponsoring employer and must renew or change their visa status when the visa expires.

Application Process: Step by Step

Step 1: Employer nomination

The process begins with the employer lodging a nomination application with the Department of Home Affairs. The nomination must specify the nominated occupation, the position details, and the proposed salary. The employer must demonstrate that the position is genuine and that the salary meets the AMSR. The SAF levy must be paid at this stage.

Step 2: Skills assessment (Direct Entry stream only)

For DE stream applicants, the skills assessment must be completed before or concurrently with the visa application. The applicant contacts the relevant assessing authority, submits the required documentation, and awaits the assessment outcome.

Step 3: Visa application

Once the nomination has been lodged (and the skills assessment is complete for DE stream applicants), the applicant lodges the 186 visa application. The application includes identity documents, health examinations, police clearances, English language test results, and evidence of qualifications and work experience.

Step 4: Department of Home Affairs assessment

The Department of Home Affairs assesses both the nomination and the visa application. Processing times vary. Applicants may be asked to provide additional information or attend an interview.

Step 5: Visa grant and permanent residency

Upon approval, the applicant receives the 186 permanent residence visa. They can then live, work, and study in Australia indefinitely. After four years of permanent residency (and meeting other requirements), they may apply for Australian citizenship.

Government Fees

The 186 visa application fee is AUD $4,770 for the primary applicant. Additional applicant charges apply for family members included in the application. The SAF levy paid by the employer is separate from the visa application fee. These fees are subject to change and should be verified on the Department of Home Affairs website before filing.

Pathway to Australian Citizenship

The 186 visa provides a direct pathway to Australian citizenship. After holding permanent residency for four years (including at least one year as a permanent resident), meeting the residence requirement of being physically present in Australia for at least 1,460 days in the four years before applying (including at least 365 days as a permanent resident), and meeting the character and other requirements, the applicant can apply for Australian citizenship.

Australian citizenship confers the right to an Australian passport, which provides visa-free or visa-on-arrival access to over 180 countries. Citizens can also vote in Australian elections, access certain government benefits, and sponsor a wider range of family members for Australian permanent residency.

Common Reasons for Application Difficulties

The most common issue in 186 applications is the employer's nomination being refused because the position does not meet the genuineness requirement. Employers must be able to demonstrate a clear business need for the role, supported by evidence of the company's financial capacity to pay the nominated salary and the operational necessity of the position.

For DE stream applicants, a negative skills assessment is a significant obstacle. Applicants whose qualifications or work experience do not meet Australian standards for the nominated occupation will not receive a positive assessment. It is important to research the specific requirements of the relevant assessing authority before initiating the application process.

The age requirement is a hard cutoff that cannot be waived in most circumstances. Applicants who are approaching 45 should prioritize the 186 application to ensure they meet the age requirement at the time of lodgement.

Frequently Asked Questions

Can I apply for the 186 visa without an employer sponsor?

No. The 186 visa requires nomination by an approved Australian employer. Self-sponsorship is not permitted under the ENS. If you are looking for a pathway to Australian permanent residency without an employer sponsor, the 188B/C investor visa or the 858 Global Talent visa may be more appropriate.

What is the difference between the TRT and DE streams?

The TRT stream is for workers already in Australia on a 482 or 457 visa who have worked for their nominating employer for at least two years. The DE stream is for workers outside Australia or those who do not meet the TRT requirements. The DE stream requires a formal skills assessment; the TRT stream generally does not.

Can my family members come with me on the 186 visa?

Yes. Your spouse or de facto partner and dependent children can be included in the 186 visa application and will receive permanent residency along with you.

Is there a minimum salary requirement for the 186 visa?

Yes. The employer must pay at least the Annual Market Salary Rate (AMSR) for the nominated occupation in the relevant location. This is to ensure that overseas workers are not used to undercut Australian workers' wages.

What occupations are eligible for the 186 visa?

The nominated occupation must be on the relevant skilled occupation list. The list is updated periodically and covers a wide range of professional, technical, and trade occupations. Applicants should verify that their occupation is on the list before initiating the application process.

Can I change employers after receiving the 186 visa?

Yes. Once the 186 visa is granted, you are not tied to the nominating employer. You can work for any employer in Australia in any occupation.

What happens if my 186 visa application is refused?

If the visa application is refused, you may have the right to apply for a review of the decision by the Administrative Appeals Tribunal (AAT). The grounds for review and the likelihood of success depend on the specific reasons for the refusal.

How long does the 186 visa application take to process?

Processing times vary significantly depending on the stream, the complexity of the application, and the current workload of the Department of Home Affairs. Applicants should check the current processing times on the Department of Home Affairs website.

Can I apply for the 186 visa if I am over 45?

Generally, applicants must be under 45 at the time of lodgement. Exemptions are available in limited circumstances. Applicants approaching 45 should seek advice promptly to assess their options.

What is the SAF levy and who pays it?

The Skilling Australians Fund (SAF) levy is a training levy paid by the employer as part of the nomination process. It funds Australian workforce development and training programs. The amount depends on the size of the employer and the duration of the nomination.

 
 
 

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