Employer Nomination Scheme (ENS) 186 Visa

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The ENS 186 visa provides Australian permanent residence for eligible sponsored employees or skilled workers.

This visa is possible to relevantly skilled individuals living in or outside Australia, depending on whether they apply under the:

  1. Temporary Residence Transition stream,

  2. Direct Entry stream, or

  3. Agreement stream

General Requirements

There are two applications to the process - a nomination application is lodged by the employer and an Australian PR visa application is lodged by the employee:

Nomination application

The ENS nomination application requires the employer to:

  • Nominate the skilled employee to an occupation on the relevant occupation list,

  • Verify their financial position,

  • Show the applicant’s salary is aligned with the Australian Market Salary Rate,

  • Demonstrate their efforts to fill the position (in the Direct Entry stream), and

  • Contribute to the Skilling Australians Fund levy:

    • AUD3000 if the company turnover was under AUD10mil, or

    • AUD5000 if the company turnover was at least AUD10mil

And,

Permanent Residence application

ENS visa applicants are required to:

  • Demonstrate Competent English or be the holder of a passport from NZ, USA, Canada, UK or Ireland,

  • Be under 45 years of age unless an exemption applies,

  • Meet health and character requirements,

  • Meet the criteria in 1 of the following 3 application streams:

    • Temporary Residence Transition (TRT) stream

      As of 25 November 2023, applicants in this stream need to have worked in a position with their sponsoring employer for at least 2 years (full-time) out of the last 3 years, while holding their TSS 482 visa.

      This now applies TSS 482 visa holders nominated in the Medium and Long-term Strategic Skilled Occupation List (“MLTSSL”), the Short Terms Skilled Occupation List (“STSOL”), the Regional Occupation List (“ROL”) and under the Labour Agreement.

    • Direct Entry (DE) stream

      Nominate an occupation from the MLTSSL only, and either provide a positive skills assessment in that occupation with 3 years’ relevant work experience or demonstrate 3 years’ experience with the nominating employer in the MLTSSL occupation as either a Subclass 444 Special Category Visa or Subclass 461 NZ Citizen Family Relationship visa holder. University academics, researchers scientist may also be exempt from providing a skills assessment; or

    • Labour Agreement stream

      Skilled workers are sponsored for permanent residence by a company that is part of a negotiated Labour Agreement. The age and English language requirements may differ to the Direct Entry and Temporary Residence Transition streams

Age Exemptions

There is no age limit for applicants who can meet one of the following:

  • Nominated as an academic by a university in Australia

  • Nominated as a scientist, researcher or technical specialist by an Australian scientific government agency or Australian university 

  • Nominated as a medical practitioner and worked in that occupation, in a designated regional area of Australia, for at least 2 years in the last 3 years while holding a 457 or TSS 482 visa

  • Hold a 457 or TSS 482 visa while working in the same occupation for the same employer, for at least 2 years in the last 3 years. During each year the applicants earnings must have been at least the relevant Fair Work High Income Threshold

Legacy Worker Transitional Arrangements

Other TRT applicants may qualify for the age exemption under the ‘Legacy Worker’ provision if they meet all of the following:

  • Lodge their TRT application before turning 50 years of age, and

  • Lodge their TRT no later than 30 June 2024, and

  • Held their 457 or TSS 482 visa on the basis of having applied for it from 18 April 2017 onwards, and

  • Have been in Australia between 1 February 2020 and 14 December 2021 for at least one year

Designated Area Migration Agreement (DAMA)

The Designated Area Migration Agreement (DAMA) is a formal agreement between the Australian Government and the regional, state or territory authorities. It provides an alternative option to permanent residence for employees and their employers who had previously used the DAMA to facilitate their TSS 482 visa.

If approved, the DAMA can provide a greater flexibility of occupations to nominate.

Currently, only the following regional, state or territory authorities are participating in this scheme:

  • Northern Territory

  • The Goldfields, Western Australia

  • Great South Coast

  • Adelaide City and Regional South Australia

  • Orana, New South Wales

  • Far North Queensland

Duration and Travel Facility

There is no expiration date on the ENS permanent residence visa. However, the travel facility is valid for 5 years from the date approval which means visa holders wishing to depart and re-enter would need to consider whether they are eligible for the Resident Return Visa (RRV), or Australian citizenship.

ENS 186 visa to Citizenship

What happens after the ENS 186 visa? Australian citizenship!

Citizenship is a great opportunity for migrants who have immersed themselves into their local communities by giving them voting rights, the ability to work for Australian Defence Force, works rights with government agencies and access to welfare schemes when required.

Australian permanent residents may qualify for Australian citizenship if they have lived:

  • In Australia as an Australian permanent resident for at least 12 months prior to lodgement with no more than 3 months spent outside the country, and

  • Lawfully in Australia for at least 4 years including any time spent on a temporary visa with no more than 12 months spent outside the country

Contact us to discuss your needs and these possible options.