Employer Nomination Scheme (Subclass 186)

Your Gateway to Permanent Residency

Employer Nomination Scheme Visa (Subclass 186)

At Emigrate Lawyers, we take pride in providing expert immigration services tailored to your needs. Our team of seasoned immigration lawyers is dedicated to simplifying the visa process for both employers and skilled professionals.

We specialise in the Subclass 186 Visa, also known as the Employer Nomination Scheme (ENS) Visa, a pathway that enables skilled workers to achieve permanent residency in Australia. Whether you’re an employer aiming to sponsor a valuable employee or a skilled worker seeking a stable future in Australia, we’re here to assist you every step of the way.

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Who Can Benefit From Subclass 186 Visa?

Skilled workers in fields such as IT, healthcare, engineering, and trades can obtain permanent residency in Australia. They can do this through the Subclass 186 visa. This visa allows international talent to live and work permanently while contributing to Australia’s growing industries. Australian employers can sponsor workers in jobs on the STSOL or MLTSSL lists. This helps businesses fill important skill gaps and stay competitive.

Ideal candidates for the Subclass 186 visa include:

Experienced engineers, IT specialists, and healthcare professionals who possess the skills in high demand across Australia
Tradespeople in critical demand, such as electricians, plumbers, carpenters, and other specialised skilled workers
Employees on TSS or 457 visas want to change from temporary to permanent residency. They are also looking for long-term job opportunities

This visa is also good for professionals who want to build a stable life in Australia. It is for those who want to include their immediate family and eventually apply for Australian citizenship.

Why Apply for a Subclass 186 Visa?

Australia continues to face critical skill shortages, especially in sectors such as healthcare, IT, engineering, and skilled trades. The Subclass 186 visa offers a way for skilled workers from other countries to get permanent residency in Australia. It also lets Australian employers sponsor qualified employees to meet industry needs and stay competitive.

Applying for this visa offers numerous advantages for both employees and employers:

Key Benefits:

Permanent Residency: Get the right to live and work in Australia forever. This gives you and your family stability and long-term job opportunities.
Family Inclusion: Include your close family members, like your spouse and dependent children, in your application. This way, they can enjoy the same rights and benefits.
Pathway to Citizenship: The Subclass 186 visa is an important step to Australian citizenship. It lets you take part in civic life, access healthcare, and enjoy other social benefits.
Career Growth and Professional Opportunities: Work in your nominated occupation under an approved employer sponsor, gaining valuable experience in Australia’s thriving industries.
Employer-Sponsored Security: This visa strengthens your professional relationship with your employer while providing a clear, structured pathway from temporary to permanent residency.

Benefit	Description
Permanent Residency	Live and work in Australia indefinitely, ensuring long-term stability for you and your family.
Family Inclusion	Include your spouse and dependent children in the application, allowing them the same rights and benefits.
Pathway to Citizenship	Become eligible for Australian citizenship, with access to healthcare, social services, and civic participation.
Career & Professional Opportunities	Work in your nominated occupation with an approved employer, gaining valuable experience in Australia.
Employer-Sponsored Security	Strengthens your employer relationship and provides a pathway to permanent residency.

Understanding the Subclass 186 Visa?

The Subclass 186 Visa allows Australian employers to nominate skilled workers for permanent residency. This visa addresses critical skill shortages by enabling businesses to hire internationally when qualified Australian workers are not available.

Key Benefits of the Subclass 186 Visa:

Permanent Residency: Enjoy the benefits of living and working in Australia permanently.

Family Inclusion: Include your immediate family members in your application, granting them the same rights as you.

Pathway to Citizenship: This visa is a significant step towards becoming an Australian citizen.

Streams of the Subclass 186 Visa

The Subclass 186 Visa comprises three distinct streams, each catering to different scenarios:

1. Direct Entry Stream:

For applicants who are nominated by an Australian employer.

Requires a skills assessment and at least three years of relevant work experience in the occupation.

Occupation must be on the MLTSSL.

Suitable for individuals who are either outside Australia or currently working in Australia on another visa.

2. Temporary Residence Transition Stream:

You must hold a Subclass 457, TSS or related bridging visa A, B or C.

Usually, you must have worked for your employer full-time for atleast two years.

You must be nominated by your employer.

No skills assessment is required.

Designed for those seeking to transition from temporary to permanent residency.

Occupation can be on either the STSOL or MLTSSL.

3. Labour Agreement Stream:

For applicants nominated by an employer through a labour agreement.

Suitable for unique cases where standard visa requirements are modified by a negotiated agreement.

Eligibility Requirements

To be eligible for the Subclass 186 Visa, applicants must meet specific criteria:

Be under 45 years old (some exceptions apply).
Not hold certain visas.
Have complied with previous visa conditions.
Be nominated by an approved sponsor.
Choose an occupation from the relevant list.
Have the relevant skills, employment background, and qualifications.
Meet English language, character, and health requirements.

For a detailed assessment of your eligibility, please contact our office for a complimentary consultation.

Recent Changes to the Subclass 186 Visa

The Department of Home Affairs has made important updates to the Employer Nomination Scheme (ENS) visa program. These changes help temporary visa holders move to permanent residency more easily.

TSS Visa Access: People with a TSS Subclass 482 visa can now apply for permanent residency. This is under the 186 Temporary Residence Transition (TRT) stream. Applicants must continue working in their nominated occupation.
Shorter Sponsorship Period: Sponsored TSS visa holders can apply for TRT after two years of work, instead of three years.
Application Limits Removed: The temporary cap on Short-Term TSS visa applications made onshore has been removed.

Updated Requirements:

Occupation Lists: The MLTSSL applies to ENS and RSMS streams, with additional occupations for regional employers.
Minimum Salary: Employers must pay the Australian Market Salary Rate (AMSR) and meet TSMIT ($76,515 from 1 July 2025).
Residency Period: Applicants transitioning from a 457 visa may have a 2–3 year period before permanent eligibility.
Work Experience: Minimum three years of relevant experience.
Age Limit: Maximum 45 years old.
Skilling Australians Fund (SAF): Employers pay $3,000 (small businesses) or $5,000 (others).

Skilled Occupation Lists (STSOL & MLTSSL)

Applicants must have skills in a job on one of the Skilled Lists. These lists show over 400 jobs with a critical skills shortage in Australia. Employers must meet certain requirements to nominate an applicant for this visa.

STSOL (Short-Term Skilled Occupation List): Occupations with short-term demand.
MLTSSL (Medium and Long-Term Strategic Skills List): Occupations with ongoing shortages, often in healthcare, IT, engineering, and trades.

Employer Requirements – Employers must be approved sponsors and demonstrate a genuine need for the nominated occupation.

Align your occupation with the correct list to improve the approval chances of a successful Subclass 186 visa. Contact our team for a detailed assessment.

Skills, Qualification & Experience Requirements

Applicants must provide:

To apply for a Subclass 186 visa, applicants must provide evidence demonstrating their skills, qualifications, and employment history. This ensures that both the applicant and the nominating employer meet the visa requirements and increases the chances of a successful application.

Qualification certificates and testamurs.
Required registration/licensing.
Employment references.
Updated CV.
Pay slips, bank statements, and superannuation documents.

Direct Entry stream applicants also need a skills assessment.

Ensure all documents are translated into English if required to avoid delays.

Subclass 186 English Language Requirements

Applicants from New Zealand, Canada, Ireland, the UK, or the USA are exempt from English tests. Others must achieve the following scores in one attempt:

IELTS: Overall 6.0, with at least 6.0 in each component.
PTE Academic: Overall 50, with at least 50 in each component.
OET: At least ‘B’ in each component.
TOEFL IBT: 12 listening, 13 reading, 21 writing, 18 speaking.
Cambridge C1 Advanced: Overall 169, with at least 169 in each component.

After Visa Lodgement

Once you have lodged your Subclass 186 visa application, it’s important to understand the next steps, including your legal status, travel options, and expected processing times. Being aware of these details helps you stay compliant with visa conditions and plan ahead while your application is being assessed.

Bridging Visa: Applicants in Australia will generally be granted a Bridging Visa A (BVA), allowing them to stay lawfully while the application is processed. If travel outside Australia is necessary, a Bridging Visa B (BVB) must be obtained to maintain re-entry rights.
Processing Time: The Subclass 186 visa usually takes 7 to 12 months, though this may vary depending on the stream and case complexity.

Visa Application Charge (VAC)

The Visa Application Charge (VAC) for the Subclass 186 visa is AUD 4,910. This is the primary fee paid to the Department of Home Affairs (DHA) for processing your application.

In addition to the VAC, applicants should know about other possible costs during the application process, such as:

Professional/legal fees for preparing and lodging your application
Health examinations and medical reports
Police or criminal history certificates
Health insurance coverage
Translation of documents into English, if required
Skills assessments for Direct Entry stream applicants
Bank charges or currency conversion fees for international payments

Being aware of these costs in advance can help you plan your budget effectively and avoid unexpected expenses.

FAQ

1. How do I proceed if my relationship ends while my application is in process?

Notify DHA immediately once you are sure the relationship has concluded. Your ex-partner will then be excluded from your application. If you are not the main applicant and the relationship ended due to family violence, seek additional advice to determine if the application can still move forward.

2. What should I do if I get a new passport during the visa process?

Update your new passport details with DHA promptly to ensure the Visa is issued with the correct information. Passport details can be updated online through your ImmiAccount before and after the Visa is granted. Alternatively, you can use Form 929 to update manually.

3. What if I make a mistake on my application?

If you discover an error while filling out the form before submission, you can easily correct it. If you notice the mistake after submitting the application, update DHA immediately to avoid serious consequences. Use the ‘Update Details’ option in your ImmiAccount to provide a ‘Notification of Incorrect Answer(s)’ and specify the updated information and the reason for the correction.

4. When should I lodge the Nomination and Visa application?

The Nomination section must be lodged first. Once it is submitted, you can proceed with lodging the Visa application. Both applications can be lodged in the same session, but you must submit the Nomination application first. If the Nomination is approved and you haven't yet lodged the Visa application, you have 6 months from the date of approval to do so.

5. What are the tax consequences of becoming a permanent resident in Australia?

Applying for permanent residency can affect your tax status and obligations both in Australia and overseas. It is important to consult with your tax advisor or accountant regarding these potential impacts.

6. What if my Visa expires while my application is being processed?

If you are on a substantive visa in Australia and lodge an application, you will generally receive a Bridging Visa A, allowing you to stay in Australia until a decision is made. The Bridging Visa activates only after your substantive Visa expires. If you do not receive the Bridging Visa grant email within 24 hours of lodgment, contact DHA. To travel while your application is being processed and the Bridging Visa A is active, you must apply for a Bridging Visa B through ImmiAccount, allowing at least 2 weeks for processing.

7. What should I do if I change my contact details?

Update your contact details with DHA as soon as possible to ensure your Visa is granted with the correct information. You can do this online through your ImmiAccount or manually using Form 929.

8. When can I apply for Medicare?

You may be eligible for Medicare from the date you lodge your permanent residence application. To confirm your eligibility, contact Medicare directly.

9. What should I do if I become pregnant after lodging my application?

If you or a family member becomes pregnant after lodging a permanent visa application, the application can continue. Inform Immigration to include the baby in the application and provide necessary documents such as passport details, birth certificate, a letter from the baby’s GP, and a copy of the baby’s ‘blue’ book. If health checks are incomplete, the chest x-ray may be deferred until after the baby’s birth, or the Visa may be granted with a ‘health undertaking’ to complete the x-ray later.

10. What are the requirements for obtaining Australian Citizenship?

To be eligible for Australian Citizenship, you need to have 4 years of residence in Australia (with a maximum of 12 months outside the country), including at least 12 months as a permanent visa holder (with no more than 3 months outside Australia) leading up to the application. Check the latest requirements with the Department of Home Affairs before applying.

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