Navigating the Subclass 186 ENS Visa: Your Path to Permanent Residency in Australia

The Subclass 186 Employer Nomination Scheme (ENS) visa is a highly sought-after pathway to Australian permanent residency, requiring sponsorship from a nominating employer. The following provides a general overview of the 186 Visa, its key streams, and the general eligibility criteria involved.

 

The Subclass 186 Visa offers three distinct streams:

Transition Stream: Designed for individuals already working in Australia on a 457 or 482 Visa, this stream facilitates a seamless transition to permanent residency. Applicants must have worked for their sponsoring employer for a minimum of three years in the nominated occupation.

Direct Entry Stream: Geared towards those who have never worked in Australia or have limited local work experience. This stream requires a positive skills assessment for the nominated occupation and meeting specific English language proficiency standards, with an age limit of 45.

Agreement Stream: This stream is specifically for applicants nominated through a Labor Agreement, catering to unique workforce arrangements and specific employer needs.

 

Occupational Requirements and English Proficiency

To be eligible for the Subclass 186 Visa, your nominated occupation must be listed on the 186 Visa Occupations List. English language proficiency is crucial, with an IELTS (or equivalent) score of 6 in each component. Applicants under the Direct Entry Stream must be under 45 years of age, while the Temporary Residence Transition Stream has a maximum age requirement of 50.

 

Employer Sponsorship

The sponsoring employer must meet several criteria, including being an active and lawful entity in Australia, genuinely requiring the nominated position, and the capacity to employ the applicant for at least two years. Additionally, the position must be full-time, available for a minimum of two years from visa grant, and featured on the Medium and Long-term Strategic Skills List (MLTSSL).

Salary requirements are significant, with an annual salary of at least $70,000 (excluding non-monetary benefits) or matching the annual market salary rate for the nominated occupation. Exemptions from the market salary rate apply to those earning more than $250,000 annually.

Visa Applicant Eligibility

Applicants must have competent English or meet specific language proficiency criteria. Skills assessment by the relevant assessing authority is mandatory, and a minimum of three years of full-time experience in the nominated occupation is required. Additionally, candidates must be under 45 years of age and satisfy health and character criteria.

186 ENS Visa Application Process

The application process consists of two stages:

Stage 1: Nomination Application

Employers lodge this application on behalf of the employee, providing supporting documents and paying a Skilling Australians Fund (SAF) levy, which varies based on their annual turnover. The visa application should be made within six months of nomination approval.

 

Stage 2: Visa Application

The visa application, which must fulfill all eligibility criteria, including health and character checks, is lodged with the Department of Home Affairs. Once both applications are approved, the applicant is granted the Subclass 186 – ENS visa, and they may be in or outside Australia at the time of the grant.

 

Skills Assessment Application

Before applying for the visa, applicants in the Direct Entry steam must have their skills assessed to demonstrate the required qualifications and work experience. Only assessments from the relevant assessing authority are accepted.

 

Changes to come

The Subclass 186 ENS Visa opens doors to permanent residency in Australia, offering a chance for skilled workers to build a successful future in this diverse and thriving country.

The Department of Home Affairs has announced that 25 November 2023 is the proposed date for changes to the ENS program. It is essential to stay updated with the latest requirements and seek guidance from migration experts to ensure a smooth and successful application process.