What are the requirements for the 186 Visa (ENS Visa)?
The Employer Nomination Scheme Visa application process is made up of two important stages:
1. Nomination by the employer
To nominate a position under the Employer Nomination Scheme the employer must:
- be actively and lawfully operating in Australia
- have a genuine need for a paid employee to fill a position in the business
- have a satisfactory record of compliance with immigration law and workplace relations law
- pay the Skilling Australians Fund levy. A business with a turnover of less than $10 million will pay $3,000 per nomination. A large business with a turnover of more than $10 million will pay $5,000 per nominee.
The position in the business must:
- be full-time and available for at least two years
- the base salary offered is not less than the Temporary Skilled Migration Income Threshold (TSMIT) which is currently A$70,000 per annum as of July 1, 2023
- the nominee must be paid the market rate for the role
- the terms of employment are no less favourable than those that would apply to an equivalent Australian worker.
2. Visa application
To apply for a permanent visa under the Employer Nomination Scheme, the applicant must:
- be nominated by an Australian employer
- have an employer must be willing to offer you a permanent position in that occupation
- qualify under the Temporary Residence Transition, Direct Entry or Labour agreement Stream
- be under 45 years of age (unless age exemptions or transitional arrangements apply)
- have the required skills and qualifications for the position and meet registration and licensing requirements
- meet the necessary English language requirements
- meet health and character requirements.
How long does the 186 Visa (ENS Visa) process take?
For current visa processing times, please refer to the information on the Department of Home Affairs website.
There are two streams under which you can meet the skill requirement for the 186 Visa (ENS Visa):
Temporary Residence Transition Stream
- you can apply for the 186 Visa once you have worked for your sponsor for two years while holding a 482/457 Visa or related bridging visa A, B or C and meeting other requirements.
Direct Entry Stream
- have an eligible skilled occupation
- have at least 3 years relevant work experience unless exempt
- have a positive skills assessment
Labour agreement Stream
- currently work or will be working for a nominating employer who is party to a labour agreement
- meet the age, skill and English language requirements of the labour agreement
There are some exemptions to the age, skill and language requirements.
What are the costs associated with applying for the 186 Visa (ENS Visa)?
Our fixed fee, service packages are designed to give clients choice in terms of fees and the level of service. However, they do not cover the visa application fees and other costs involved in submitting a visa application. Fees can increase without notice, so the actual fees can vary at the time of application. We have outlined the applicable fees that are likely to be incurred for the 186 Visa (ENS Visa) in Australian Dollars.
Department of Home Affairs 186 Visa (ENS Visa) application fees are:
- 186 Visa (ENS Visa) nomination application fee – $540 (this fee is not payable if the applicant is applying for the ENS under the Temporary Residence Transition Stream or Labour agreement Stream, and the sponsor is in Regional Australia).
- 186 Visa (ENS Visa) Skilling Australians Fund (SAF) levy – $3,000 per nomination (for businesses with a turnover of under $10 million) or $5,000 per year (for businesses with a turnover of over $10 million)
- 186 Visa (ENS Visa) visa application fee – Primary applicant – $4640, Adult dependent – $2320, Child Dependent – $1160
- Credit card surcharge (if applicable)
Other fees that may be applicable:
- Skills Assessment Application fees between $300 to $1,200 for most occupations (a skills assessment is required for applicants applying for the ENS under the Direct Entry Stream)
- English tests, health examination, police checks, translations, etc. (as applicable)