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.

Temporary Residence Transition Stream

The requirements for the Temporary Residence Transition stream of this visa are set out below:

Employer

The business seeking to employ you must:

  • still be actively and lawfully operating in 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

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 on the current Medium and Long-term Strategic Skills List (MLTSSL)

NOTE: Certain occupations on the MLTSSL will be subject to additional requirements (e.g. salary, type of business operated by employer, nature of position). Please contact us for further details based on your particular circumstances.

the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than $53,900 per year unless a concession applies.

MLTSSL exemptions for certain visa holders

The nominated position is NOT required to be on the MLTSSL IF:

  • on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 Temporary Work (Skilled) visa; OR
  • you are currently employed by an Australian business, and you:
  • hold a subclass 482 TSS visa in the Short-term stream (OR a subclass 457 visa that you applied for after 18 April 2017); AND
  • have a salary that is:
    • at least AU$53,900 per year (excluding any non-monetary benefits) AND
    • at least the annual market salary rate (AMSR) for your nominated occupation

NOTES: the AMSR for your nominated occupation (excluding non-monetary benefits) must also be no less than AU$53,900 per year. The AMSR is the salary that an Australian earns (or would earn) for performing equivalent work on a full-time basis for a year in the same workplace at the same location. You will be exempt from this requirement if your salary is more than AU$250,000 per year.
  • 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:

  • have held one of the following visas to work on a full-time basis in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 3 years during the last 4 years:
    • subclass 457 Temporary Work (Skilled) visa (not granted under the Labour Agreement stream) OR
    • subclass 482 Temporary Skill Shortage (TSS) visa in the Medium-term stream OR
    • subclass 482 TSS visa in the Short-term stream, if:
      • on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa OR
      • you were in Australia for at least 12 months between 1 February 2020 and 14 December 2021, and you are currently employed by an Australian business

NOTE: This exemption is available only for applications lodged before 1 July 2024.

COVID-19 concessions

Concessions may apply where COVID-19 has disrupted your period of employment in the nominated position. For general purposes, if at any time during the previous 4 years you were employed in the nominated position, but due to COVID-19 you were not working full-time or were on unpaid leave, this time may be deducted from your required 3-year work period.

Employed period reduction for certain subclass 457 visa holders

If on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 Temporary Work (Skilled) visa, then you only need to have been employed full-time in the nominated position (or a very closely related position) for the nominating employer in Australia for at least 2 years during the last 3 years.

NOTE: The COVID-19 concessions also apply to this reduced employment period.
  • be genuinely performing the tasks of your nominated occupation
  • have competent English 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

NOTES: In each case, the test must have been undertaken within the last three years.

  • be under 45 years of age (unless exempt from this requirement)

NOTE: If on 18 April 2017 you held (or had applied for, and were subsequently granted) a subclass 457 visa, then you must only be under 50 years of age

  • meet any mandatory licensing, registration or professional membership requirements
  • satisfy the relevant health and character criteria

Any Questions?

Book a consultation now for more details and assessment of your eligibility for a subclass 186 visa

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