Employer Nomination Scheme (Ens) Visa (Subclass 186)

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Employer Nomination Scheme (Ens) Visa (Subclass 186)

The employer nomination scheme, subclass 186 visa, allows Australian employers to sponsor foreign skilled workers for permanent residency in limited occupations. There are three (3) different streams, and each stream has their own criteria with respect to a range of factors.

  • Labour Agreement stream: Limited employers may negotiate and arrange bilateral agreements with the Department.
  • Temporary Residence Transition stream: Certain subclass 457 or 482 visa holders may qualify for transition.
  • Direct Entry stream: Applicants with a prescribed period of work experience in an eligible occupation may be eligible to apply directly.

Labour Agreement Stream

For the purpose of this 186 visa stream, a labour agreement refers to a bilateral agreement between the Department and a reputable Australian business to sponsor foreign workers via streamlined procedures. These agreements are not entered into lightly by the Government as most nominating employers will not be eligible for a labour agreement. There must be a legitimate need to address labour shortages affecting specific industries or regions. 

Designated Area Migration Agreements (DAMA) operates through a labour agreement and is not a stream unto itself. If your nominating employer is not subject to a labour agreement, it is not possible for a visa applicant to apply for a labour agreement on his or her employer’s behalf.

If a labour agreement is issued to the sponsoring employer, the applicable nomination criteria varies from the other streams as each labour agreement may permit concessional terms as negotiated.

The Temporary Residence Transition Stream

For holders of a Temporary Skills Shortage (SC482) visa who have worked for their employer for at least 3 years in the same nominated occupation, where the employer now wants to offer a permanent position.

The Direct Entry Stream

Applicants in the Direct Entry stream must have an occupation on the Medium and Long-term Strategic Skills List (MLTSSL) and must obtain a positive skills assessment in this occupation prior to application. At least three years of employment at the skilled level is required. Applicants in the Direct Entry stream must be under 45 years of age.

Common Criteria

Applicants in the transition or direct entry stream must satisfy the following:

  • The position is subject to nomination and the applicant is nominated by an employer approved as a standard business sponsor.
  • Must be less than 45 years old (exemptions may apply).
  • Must have at least competent English (exemptions may apply).
  • Hold necessary licences, registration, and memberships.
  • The employment contract must provide employment for at least 2 years
  • Meet health and character requirements.

Skilling Australians Fund Levy

The Skilling Australians Fund levy (SAF Levy) has replaced the training benchmarks scheme. Charges may vary depending on whether a business has an annual turnover of more or less than $10 million. It is expected that:

  • Businesses with an annual turnover of under $10 million will be required to pay $3,000 for a Subclass 186 employee worker
  • Businesses with an annual turnover of over $10 million will be required to pay $5,000 for a Subclass 186 employee worker

Our Services

Visa Globe Migration Agents assists ENS visa applicants and their employers throughout these applications, identifying the correct stream for the individual application and navigating the complexities associated with each. We provide advice and application management from start to finish to ensure the best possible permanent residence outcome. We also provide representation in skills assessment applications where applicable.