Employer Nomination Visa – Subclass 186

Temporary Residence Transition (TRT) Stream Requirements

For visa applicant:

• The job or position being nominated is consistent with the position held while on the subclass 482 visa.
• The applicant must hold a 482 TSS/SID or related bridging visa A, B or C.
• The eligibility period to transition to permanent residence is two years if the applicant holds a 482 TSS/SID visa.
• The New 482 SID program offers a more flexible pathway to applying for permanent residence under the Subclass 186 Employer Nominated Sponsorship, where previous employment on a 482 visa can be credited towards the two-year requirement for the Subclass 186 Visa application.
• Main applicant must be under the maximum age requirement of 45 years at the time of application – unless age exemptions apply – please see below.
• Main applicant to have English language proficiency of at least six in each of the four bands of the IELTS test or equivalent language test such as PTE, unless from a naturally English-speaking country, such as UK, Ireland, New Zealand, USA, or Canada.
• Pass health and character tests.

For employers:

• The employer has to demonstrate they have an operating business and can afford to continue to pay the salary of the visa applicant.
• The job or position being nominated is consistent with the position held while on the subclass 482 TSS/SID visa.
• The position is genuine.
• The position must continue to be available to the employee for at least two years once the visa is granted.
• The position must continue to be available to the employee for at least two years once the visa is granted.
• The terms and conditions including salary of the position must be market-related, that is, are the same as any that would apply to an Australian citizen or permanent resident employed in the same position at the same location and meet with AMSR (Australian Market Salary Rate) requirements with a minimum of $73,150 per year for the applicant’s role to be eligible under this stream.
• If business turnover is under $10M, an amount of $3,000 must be paid to meet the Skilling Australians Fund (SAF) or if the turnover is over $10M, an amount of $5,000 needs to be paid.
• The employer is required to demonstrate that the position is genuine.

Direct Entry (DE) Stream Requirements

Visa applicant:

• Nominate an occupation from the CSOL only (Core Skills Occupations List).
• An applicant can be in or outside Australia and does not necessarily have to have commenced employment with the nominating employer.
• An applicant can be on a visa such as student, visitor or bridging visa and apply for a 186 ENS Direct Entry.
• The applicant will need to provide a skills assessment from the assessing authority of their occupation and have at least 3 years of full-time post-qualification work experience, which could be in Australia or anywhere else in the world.
• Applicant must be under the age of 45 at time of application – unless age exemptions apply – please see below.
• Main applicant to have English language proficiency of at least six in each of the four bands of the IELTS test or equivalent in another approved English language test such as PTE, unless from a naturally English-speaking country, such as UK, Ireland, New Zealand, USA, or Canada.
• Pass health and character tests.

For employers:

• The business is actively and lawfully operating in Australia and can afford to pay the salary of a sponsored person for two years from the date of a Subclass 186 visa grant.
• The position is full-time and available for two years.
• The position is genuine. The nomination occupation is on Core Skills Occupations List (CSOL).
• Employee must be paid the ‘market rate’. That is, at least as much as an Australian employed in the same position in the same location and must meet AMSR (Australian Market Salary Rate) requirements with a minimum of $73,150 per year.
•  If business turnover is under $10M, an amount of $3,000 must be paid to meet the Skilling Australians Fund (SAF), or if the turnover is over $10M, an amount of $5,000 needs to be paid.
• The employer must address any restrictions (caveats) that may exist for that occupation.
• The employer needs to demonstrate why there is a genuine need for that position in their business.

Specific Age Exemption Requirements for ENS:

Even if you are older than 45 years of age, you can still apply for the Permanent Visas of ENS if you:

• are applying through the Temporary Residency Transition Stream and if any of the following apply to you:
  • You are nominated as an academic (university lecturer or faculty head) at Academic Level A, B, C, D, or E by a university in Australia.
  • You are nominated as a scientist, researcher, or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency or an Australian university.
  • You are nominated as a medical practitioner and, in the 3 years immediately before your application, have worked in that occupation in a designated regional area of Australia for at least 2 years as a subclass 457 or 482 visa holder. The nominated position must also be in a designated regional area of Australia.
  • As a subclass 457 or 482 visa holder, you have been working in the nominated occupation for the nominating employer for at least 2 years during the 3 years immediately before your application, and your earnings for each year of that period were at least equal to the Fair Work High Income Threshold.
• Are applying through the Direct Entry Stream under one of the following categories:
  • You are nominated as an academic (university lecturer or faculty head) at Academic Level B, C, D, or E by a university in Australia.
  • You are nominated as a scientist, researcher, or technical (scientific) specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency.
• Are applying through the Direct Entry stream and you hold a Subclass 444 (New Zealand citizen) or Subclass 461 (New Zealand citizen’s family member) visa and you have been working for the employer who nominated you for at least two years in the last three years immediately before making the application.