Subclass 186 Employer Nomination Scheme (ENS) Visa

A Pathway to Permanent Residency

At Morgan Clifford Legal Services, Migration Lawyers based in Aspley, we understand the importance of securing permanent residency in Australia for skilled workers and their families.

One of the most reliable pathways for skilled migrants to achieve this goal is the Subclass 186 Employer Nomination Scheme (ENS) visa.

What Is the Subclass 186 ENS Visa?

The Subclass 186 Employer Nomination Scheme (ENS) visa is a permanent residency visa that allows skilled workers nominated by their Australian employer to live and work in Australia indefinitely.

It is designed to help Australian businesses retain skilled overseas workers whose skills are needed long-term in the Australian workforce.

Once granted, the visa also lets holders sponsor eligible family members and, over time, potentially apply for Australian citizenship.

Streams of the ENS Visa

The 186 visa has three primary streams, each catering to different circumstances:

1. Temporary Residence Transition (TRT) Stream

This is the most common pathway for overseas workers already in Australia on a temporary visa such as the former Subclass 457 or the newer Skills in Demand (SID) Subclass 482 visa.

Under the TRT stream, workers must have worked for their nominating employer for at least two years in the nominated occupation and be offered a permanent position with that employer.

2. Direct Entry (DE) Stream

The Direct Entry stream is suitable for skilled workers who either have never worked in Australia or only briefly. To apply under this stream, an applicant must typically:

• Be nominated by an approved Australian employer.
• Have a positive skills assessment in their nominated occupation.
• Have at least three years’ relevant work experience.
• Meet English language requirements (unless exempt).
• Be under 45 years of age (some exemptions apply).

3. Labour Agreement Stream

Some employers enter into labour agreements with the Australian Government to sponsor workers under tailored conditions.

This stream is used when standard visa programs cannot meet specific workforce needs. The exact eligibility criteria depend on the terms of the agreement between the employer and the Government.

Key Eligibility Requirements

For an ENS visa application to succeed, both the nominating employer and the visa applicant must meet specific requirements:

Employer Requirements

• Genuine need for the employee in a full-time, ongoing position.
• The role must be available for at least two years following visa grant.
• The employer must pay a market salary rate that meets Australian employment standards.
• Employers must pay the Skilling Australians Fund (SAF) levy when lodging a nomination as a contribution to training the local workforce.

Visa Applicant Requirements

• Must be nominated by an approved Australian employer.
• Must meet criteria specific to the chosen ENS stream (TRT, DE, or Labour Agreement).
• Must satisfy health and character requirements.
• Must meet English language requirements, though exemptions can apply depending on nationality or credentials.

Meeting these requirements can be complex, and careful preparation of supporting evidence is critical to avoid delays or refusals.

Benefits of the ENS Visa

The Subclass 186 ENS visa offers several advantages:

• Permanent residency in Australia, with the freedom to live, work, and study anywhere in the country.
• Ability to sponsor eligible family members for permanent residence.
• Access to Medicare, Australia’s public healthcare system.
• Travel rights to and from Australia for up to five years from the date of visa grant.
• Eligibility to apply for Australian citizenship (subject to residency and other requirements).

These benefits make the 186 visa a highly sought-after option for skilled migrants and their families.

Processing Times and Practical Considerations

Processing times vary depending on the stream and specific case circumstances, and are influenced by factors such as the completeness of documentation, occupation demand, and departmental workload.

Recent average processing time estimates suggest:

• Direct Entry Stream: Many applications are processed within approximately 8–18 months.
• Temporary Residence Transition Stream: Often around 6–15 months.
• Labour Agreement Stream: Can vary significantly depending on the agreement.

It’s important to note that these are estimates only. Timelines can lengthen if documentation is incomplete or if additional information is requested by the Department of Home Affairs.

Common Challenges and How Legal Support Helps

Many applicants underestimate the intricacies of the ENS program. Common issues include:

• Incorrect or incomplete skills assessments.
• Failing to demonstrate that the employer meets genuine position
• Missing essential documentation for English language, health, or character requirements.
• Misunderstanding the age requirement or exemptions.

At Morgan Clifford Legal Services, our experienced migration lawyers can guide you through every step of the 186 visa process. We assist with:

• Assessing your eligibility before applying.
• Preparing employer nominations and visa applications.
• Liaising with the Department of Home Affairs and responding to requests for further information.
• Minimising the risk of delays or refusals.

Our goal is to ensure your application is as strong and complete as possible, giving you the best chance of success.

A Pathway to Permanent Residency

The Subclass 186 Employer Nomination Scheme is a powerful route to permanent residency in Australia for skilled workers supported by an Australian employer.

With multiple streams tailored to different circumstances, the ENS visa offers stability, opportunity, and long-term security for you and your family.

However, navigating the requirements and process can be complex.

Engaging professional legal support from a trusted migration law firm like Morgan Clifford Legal Services in Aspley can help you understand your options and maximise your prospects of a successful outcome.

If you’re considering applying for the 186 visa or need assistance with your employer’s nomination or visa application, contact us today for tailored advice and support.