Employer Nomination Scheme visa (subclass 186)

What are the Employer Nomination Scheme (subclass 186) streams?

There are three Employer Nomination Scheme streams which are available to apply for. They are:

• Direct Entry stream
• Labour agreement stream
• Temporary Residence Transition stream

What are the basic eligibility criteria?

• You must have the necessary skills for the job
• You must be nominated by an Australian employer
• You must meet our health and character requirements

Direct Entry stream

This visa lets skilled workers, who are nominated by an employer, live and work in Australia permanently.

What can you do on the Direct Entry stream?

On the Direct Entry stream, you can:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia’s public health care scheme, Medicare
• sponsor eligible relatives to come to Australia
• travel to and from Australia for 5 years
• apply for Australian citizenship, if eligible

How long you can stay in Australia?

The Direct Entry stream is a permanent visa – it lets you stay in Australia indefinitely.

You become a permanent resident on the day the visa is granted by the Department of Home Affairs.

Your permanent residency for citizenship purposes starts:

• on the day the visa is granted if you are in Australia
• on the day you enter Australia on this visa if you are outside Australia

Can you include family on this visa?

You can include family members in your application when you apply and add family members to your application after you apply, but before the Department of Home Affairs decide on your visa.

For the Direct Entry stream visa, your family members are:

• your partner
• your dependent child or stepchild
• your partner’s dependent child or stepchild
• the dependent child or stepchild of your or your partner’s dependent child or stepchild

You can also include someone who holds a subclass 457 visa or subclass 482 visa if the Department of Home Affairs granted them that visa on the basis, they are a member of your family.

Family members who apply for the visa with you must meet the Department of Home Affairs health and character requirements.

Family members who do not apply for the visa with you might also have to meet the requirements.

Second instalment

You will need to pay an extra charge called a second instalment for any family member aged 18 years or older who:

• applies for the visa with you, and 
• has less than Functional English

There is a second instalment fee for family members who apply for the visa. The prices do change from time to time so it’s important to check the latest fee.

If you need to pay the second instalment for a family member, the Department of Home Affairs will send you an invoice after you have met all other requirements for the visa.

Where can you apply from?

You can apply for this visa from in or outside of Australia. If you are in Australia, you must hold a substantive visa or a related bridging visa A, B or C.

If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstances.

You can be in or outside Australia when the Department of Home Affairs decides on your application.

Your obligations

You and your family members must obey all Australian laws.

The Department of Home Affairs expect that you will work for your nominating employer for at least 2 years.

You agree to begin your employment within 6 months of:

• entry to Australia if you were granted the visa outside Australia
• the visa grant date if you were granted the visa in Australia

Where can you travel to?

From the date the Department of Home Affairs grant this visa, you can travel to and from Australia for up to 5 years.

After that period, you will need a Resident Return (RRV) visa to re-enter Australia as a permanent resident.

Visa label

Australian visas are now digital. You won’t get a physical label in your passport.

The Department of Home Affairs will digitally link the visa to your passport.

Eligibility for the Direct Entry stream?

Eligible occupation

Your occupation must be on the relevant list of eligible skilled occupations. The list is often referred to as the Skilled Occupations List (SOL).

Relevant work experience

Unless exempt, most applicants need to have at least 3 years relevant work experience in their occupation.

Applicants who are exempt from the skills assessment requirement are also exempt from the work experience requirement.

Licensing, registration or membership

You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.

Positive skills assessment

Most applicants need to have a skills assessment that shows they have the skills to work in the nominated position.

Exemption

You are exempt from having a skills assessment if you:

• have been nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia, or
• have been nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, or
• currently hold a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years prior to the date you applied for the visa

Be nominated

You must be nominated by an Australian employer whose business is actively and lawfully operating.

You must apply for the visa within 6 months of the nomination being approved.

The Department of Home Affairs can’t grant you a visa if:

• they are aware of adverse information about your nominator or any person associated with them, unless it is reasonable to disregard this information, or
• the nomination is withdrawn, or
• the position is no longer available

Age requirement

Usually, you must be under 45 years of age when you apply.

You are exempt from these criteria if any of the following applies to you:

• 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
• you currently hold a Special Category (subclass 444) or New Zealand citizen’s family member (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years immediately before you apply. The 2 years excludes periods of unpaid leave.

Health requirement

You and any family members who applied on your visa application must meet the Department of Home Affairs health requirement. They also might ask for health information regarding your family not coming to Australia with you.

Character requirement

You and any family members aged 16 years and over who were included in the visa application with you, must meet the Department of Home Affairs character requirement.

The Department of Home Affairs may ask for character information about your family not coming to Australia with you.

English language requirement

You must have at least competent English to be granted this stream of the visa.

Debt to the Australian government

If you owe the Australian Government money, you must have paid it back or have a formal arrangement to pay it back.

Have you had a visa cancelled or a previous application refused in Australia?

You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia.

What you must do on this visa (your obligations)

You and your family members must obey all Australian laws.

You agree to begin your employment within 6 months of:

• entering Australia if we granted you the visa outside Australia
• the visa grant date if we granted you the visa in Australia

How long can you stay in Australia?

Permanently.

Working in Australia

When you work in Australia, you are protected by Australian workplace law

Can you bring in family members on this visa?

As an Australian permanent resident, you might be able to sponsor eligible relatives to come to Australia on this visa.

Becoming an Australian citizen

After a certain time, you might be eligible for Australian citizenship. Our team of registered migration agents and immigration lawyers can assist you with any migration options you have regarding Australian citizenship.

For citizenship purposes, your permanent residency starts on the day:

• the Department of Home Affairs grant the visa, if you were in Australia
• you entered Australia on this visa, if you were outside Australia when the Department of Home Affairs granted it.

Are you ready to apply for the Direct Entry stream?

If you’ve read the above information and believe you can satisfy the visa requirements, contact our team of registered migration agents to begin your visa application.

Labour Agreement stream

This visa lets skilled workers who are nominated by their employer live and work in Australia permanently. The Labour Agreement stream might be for you if you currently work, or will work, for an employer who is party to a labour agreement.

What can you do on the Labour Agreement stream?

On the Labour Agreement stream, you can:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia’s public health care scheme, Medicare
• sponsor eligible relatives to come to Australia
• travel to and from Australia for 5 years
• apply for Australian citizenship, if eligible

How long you can stay in Australia?

The Labour Agreement stream is a permanent visa – it lets you stay in Australia indefinitely.

You become a permanent resident on the day the Department of Home Affairs grant the visa.

Your permanent residency for citizenship purposes starts:

• on the day the visa is granted if you are in Australia
• on the day you enter Australia on this visa if you are outside Australia

Can family be included on this visa?

You can:

• include family members in your application when you apply
• add family members to your application after you apply but before the Department of Home Affairs decide on your visa

For this visa, your family members are:

• your partner
• your dependent child or stepchild
• your partner’s dependent child or stepchild
• the dependent child or stepchild of your or your partner’s dependent child or stepchild

You can also include someone who holds a subclass 457 visa or subclass 482 visa if the Department of Home Affairs granted them that visa on the basis, they are a member of your family.

Family members who apply for the visa with you must meet the Department of Home Affairs health and character requirements.

Where can you apply from?

You can apply for the Labour Agreement stream from in or outside of Australia. If you apply from within Australia, you must hold a substantive visa or a bridging visa A, B or C.

If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstances.

You can be located inside or outside of Australia when the Department of Home Affairs decides on your visa application.

Your obligations

You and your family members must obey all Australian laws.

The Department of Home Affairs expect that you will work for your nominating employer for at least 2 years.

You agree to begin your employment within 6 months of:

• entry to Australia if you were granted the visa outside Australia
• the visa grant date if you were granted the visa in Australia

Visa label

The Department of Home Affairs will digitally link your visa to your passport – you won’t get any visa label inserted to your passport.

Eligibility of Labour Agreement stream?

Be working under a labour agreement 

You must currently work, or will work, for your employer under a labour agreement.

You must have suitable English language skills, experience, skills, and other attributes for the position. The labour agreement will provide guidance on these.

You may be asked to get a skills assessment to prove you have the skills to work in the described position.

Licensing, registration or membership

You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.

Be nominated

You must be nominated by an Australian employer whose business is:

• actively and lawfully operating in Australia
• party to a labour agreement

Age requirement

Unless the labour agreement provides otherwise, you must be aged under 45 years old when you apply for the visa.

Hold a substantive 457 or TSS visa

If you are in Australia, you must hold a substantive 457 or TSS visa issued under a labour agreement.

Health requirement

You and any family members that were included on the visa application must meet the Department of Home Affairs health requirement.

Character requirement

You and family members aged 16 years old and over who apply for the visa with you, must meet the Department of Home Affairs character requirement.

Debt to the Australian government

If you owe the Australian Government money, you must have paid it back or have a formal arrangement to pay it back.

Have you had a visa cancelled or a previous application refused in Australia?

If you have had a visa cancelled or a previous application refused in Australia, you might not be eligible for this visa.

Working in Australia

When you work in Australia, you are protected by Australian workplace law. 

Becoming an Australian citizen

After a certain time, you might be eligible for Australian citizenship.

Talk with our team of registered migration agents and immigration lawyers to discuss your Australian citizenship options.

Are you ready to apply for the Labour Agreement stream?

If you’ve read the above information on the Labour Agreement stream and would like to apply, contact our team of registered migration agents today.

Temporary Residence Transition stream

This visa lets skilled workers, who are nominated by their employer, live and work in Australia permanently.

What can you do on the Temporary Residence Transition stream?

On the Temporary Residence Transition stream, you can:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Australia’s public health care scheme, Medicare
• sponsor eligible relatives to come to Australia
• travel to and from Australia for 5 years
• apply for Australian citizenship, if eligible

How long you can stay on the Temporary Residence Transition stream?

The Temporary Residence Transition stream is a permanent visa – it lets you stay in Australia indefinitely.

You become a permanent resident on the day the Department of Home Affairs grant the visa.

Your permanent residency for citizenship purposes starts:

• on the day the visa is granted if you are in Australia
• on the day you enter Australia on this visa if you are outside Australia

Can you include family on this visa?

You can:

• include family members in your application when you apply
• add family members to your application after you apply but before the Department of Home Affairs decide on your visa

For this visa, your family members are:

• your partner
• your dependent child or stepchild
• your partner’s dependent child or stepchild
• the dependent child or stepchild of your or your partner’s dependent child or stepchild

You can also include someone who holds a subclass 457 or subclass 482 visa if we granted them that visa on the basis that they are a member of your family. 

Family members who apply for the visa with you must meet the Department of Home Affairs health and character requirements.

Family members who do not apply for the visa with you might also have to meet the requirements.

Where can you apply for this visa from?

You can apply for this visa in or outside of Australia. If you are applying in Australia, you must hold a substantive visa or a related bridging visa A, B or C.

If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstance. Talk to our team today to discuss your options if you have a no further stay condition.

You can be in or outside Australia when the Department of Home Affairs decide on your application.

Your obligations

You and your family members must obey all Australian laws.

The Department of Home Affairs expect that you will work for your nominating employer for at least 2 years.

You must begin your employment within 6 months of:

• entry to Australia if you were granted the visa outside Australia
• the visa grant date if you were granted the visa in Australia

Visa label

Visa labels are now digitally linked to your passport. You will not get a physical visa label in your passport.

Eligibility for the Temporary Residence Transition stream?

Have the required skills

You must have the required skills and qualifications needed to perform the tasks of the nominated occupation.

We might ask you to get a skills assessment to show you have these skills.

Licensing, registration, or membership

You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.

Have relevant work experience 

Your employer must have sponsored you to work full-time on your subclass 457 or subclass 482 visa for at least 3 of the 4 years prior to nominating you for the subclass 186 visa. 

If you have been temporarily stood down, been on unpaid leave or had your hours reduced due to the impact of COVID-19 and related restrictions, these periods of time can still be counted towards the time worked for your employer. Your employer must provide evidence that you have been temporarily stood down, been on unpaid leave or had your hours reduced due to COVID-19 but your employment was not terminated

Changes to sponsorship

If the business ownership of the subclass 457 or subclass 482 sponsor has changed in the last 3 years – for example, due to a business sale, takeover, or restructure – you might still be able to count the time you worked for the previous business.

Be nominated by the employer who sponsored your temporary work visa

Your employer must have sponsored you to work full-time on your subclass 457 or subclass 482 visa for at least 3 of the 4 years prior to nominating you for the subclass 186 visa. 

Eligible business

You must be nominated by an Australian employer whose business is actively and lawfully operating in Australia.

You must apply for the visa within 6 months of the nomination being approved.

The Department of Home Affairs can’t grant you a visa if:

• they are aware of adverse information about your nominator, or any person associated with them, unless it is reasonable to disregard this information, or
• the nomination is withdrawn, or
• the position is no longer available

Age requirement

Usually, you must be under 45 years of age when you apply.

You are exempt from this criterion if any of the following applies to you:

• 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 specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency
• you are a medical practitioner who has worked in your nominated occupation for at least 3 years as a 457 or 482 visa holder, and for 2 of those 3 years were employed in regional Australia, and the position is in regional Australia
• as a subclass 457 or 482 visa holder, you have been working in the nominated occupation for the nominating employer for at least the last 3 years, and your earnings were at least as much as the Fair Work High Income Threshold for each year of that period

If during that 3-year period you were stood down or required to work reduced hours due to COVID-19, your earnings and the high-income threshold are assessed at a pro rata rate for the affected years. This concession applies for applications lodged on or after 24 November 2020 and in relation to periods of COVID-19 related temporary employment changes since 1 February 2020

English language requirement

You must have at least Competent English.

From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa.

Have this visa

You must currently be the primary visa holder of either:

• a subclass 457 visa that was not granted under the Labour Agreement stream
• a subclass 482 (TSS) visa granted for an occupation on the Medium to Long-term Strategic Skills list
• a Bridging visa A, B, or C

The bridging visa must be the one you were granted after your subclass 457 or TSS visa expired.

Health requirement

You and any family members that applied for the visa with you must meet the Department of Home Affairs health requirement.

The Department of Home Affairs may ask you for health information about any family members not coming to Australia with you.

Character requirement

You and any family members aged 16 years old and over who apply with you, must meet the Department of Home Affairs character requirement.

The Department of Home Affairs might ask for character information about family not coming to Australia with you.

Debts to the Australian government

If you owe the Australian Government money, you must have paid it back or have a formal arrangement to pay it back.

Have you had a visa cancelled or a previous application refused in Australia?

If you have previously had a visa cancelled or a previous visa application refused in Australia, you might not be eligible for this visa.

Talk to our team today if the above applies to you.

Working in Australia

When you work in Australia, you are protected by Australian workplace law.

Bringing family to Australia

As an Australian permanent resident, you might be able to sponsor eligible relatives to come to Australia.

Becoming an Australian citizen

After a certain time, you might be eligible for Australian citizenship.

For citizenship purposes, your permanent residency starts on the day:

• the Department of Home Affairs grant the visa if you were in Australia
• you entered Australia on this visa if you were outside Australia when we granted it

Our team of registered migration agents and immigration lawyers can assist you with your Australian citizenship application. Talk with our team today to discuss your migration options.

Do you want to apply for the Temporary Residence Transition stream?

If you’ve read through the above information on the Temporary Residence Transition stream and would like to apply, contact our team of registered migration agents today.

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See also