Subclass 186- Employer Nomination Scheme Visa

The purpose of the subclass 186 Employer Nomination Scheme (ENS) visa is to allow Australian employers to fill highly skilled positions with suitably qualified migrants. The scheme is designed to assist employers who are unable to meet their skilled Australian workforce needs from the local labour market.

Labour Agreement Stream

The requirements for the Labour Agreement stream of this visa are set out below:

Employer

The business seeking to employ you must:

• still be actively and lawfully operating in Australia
• be party to a Labour Agreement in effect with the Commonwealth of Australia
• genuinely need you to work in the nominated position under its direct control, and have the capacity to employ you in this position for at least two years
• be compliant with Australian immigration and workplace relations law

Position

The position to be filled must:

• be full-time and available for at least 2 years from the time your visa is granted
• be an occupation included on your current employer’s Labour Agreement
• have a salary that is:
• at least $53,900 per year (excluding any non-monetary benefits), unless a concession is provided in the Labour Agreement AND
• at least the annual market salary rate (AMSR) for your nominated occupation

• be subject to conditions of employment (other than earnings) that are no worse than those that apply (or would apply) to Australians performing equivalent work in the same location.

Visa Applicant

As the visa applicant, you must:

• generally have held one of the following visas, issued under your employer’s Labour Agreement, to work on a full-time basis in the nominated position (or a very closely related position) for your employer in Australia for the length of time stated in the Labour Agreement:
  • subclass 457 Temporary Work (Skilled) visa OR
  • subclass 482 Temporary Skill Shortage (TSS) visa

Note: Specific visa and applicant requirements may be stated in the Labour Agreement.

• be genuinely performing the tasks of your nominated occupation and have worked in the occupation for at least 3 years
• have competent English (unless a concession applies) i.e.
  • hold a valid passport issued by the UK, USA, Canada, New Zealand or the Republic of Ireland (and you are a citizen of that country) OR
  • an IELTS test score of at least 6 in EACH test component OR
  • an OET test score of at least B in EACH test component OR
  • a TOEFL iBT test score of at least 12 for listening, 13 for reading, 21 for writing and 18 for speaking OR
  • a PTE test score of at least 50 in EACH test component OR
  • a CAE (C1 Advanced) test score of at least 169 in EACH test component

• be under 45 years of age (unless a concession applies)
• meet any mandatory licensing, registration or professional membership requirements
• satisfy the relevant health and character criteria