The 186 Visa Employer Sponsored Nomination Australian Migration [ENS Visa] allows employers to sponsor foreign workers for permanent residence to fill genuine vacancies in their business.
On this page:
- Overview
- Legislative framework
- Streams
- Document check list for – Employer
- Document check list for – Visa applicant
1. Overview
For this visa you must;
- be nominated by an Australian employer [be an eligible business] whose business is actively and lawfully operating.
- have an occupation that is on the list of eligible skilled occupations
- have at least 3 years relevant work experience, unless you are exempt
- have a positive skills assessment, unless you are exempt
It is a 2-stage assessment process;
The assessment process for the grant of visa under this program comprises of 2 stages:
- The nominator (employer) lodges a nomination that specifies the details of the position and identifies the nominee.
- The nominee applies for an ENS or RSMS visa.
Note: If seeking to apply for an ENS visa under the the Labour Agreement stream, a labour agreement must be requested and generally entered into by the employer, before the above processes can commence.
The ENS visa has three streams:
- Temporary Residence Transition (TRT)
- Direct Entry (DE)
- Labour Agreement stream.
2. Legislative framework
Migration Act 1958 (the Act) and Migration Regulations 1994 (the Regulations) and associated administrative processes.
Many of the requirements in the Act and the Regulations are expressed in objective terms and do not allow any exercise of discretion by decision makers.
- Standard business sponsorship [SBS] – Regulations 56 to 2.69
Regulation 2.61 in Division 2.14 of Part 2A of the Regulations prescribes the process for a ‘person’.
- Permanent Employer Sponsored Entry – Employer Nominations – Regulation 5.19
- Visa
- Time of application requirements – Schedule 1 items 1114B and1114C.
- 186 Schedule 1 and certain Schedule 2 regulations
Section 140F of the Act provides the regulations may establish a process for the Minister to approve a person as a work sponsor or family sponsor.
- Time of decision requirements in Schedule 2
3. Streams
Broadly:
- the TRT stream is for TSS visa holders or Subclass 457 visa holders who have worked in the position for their employer for at least the last three years out of four years before being nominated and the employer wants to offer them a permanent position in that same occupation.
Note: visa applicants who fall under the transitional arrangements specified in the relevant legislative instrument are required to have worked for their employer for at least the last two years out of three years before being nominated under the TRT stream.
- The DE stream provides employers with the opportunity to employ overseas workers who are untested in the Australian labour market. This stream also accommodates workers within Australia who are ineligible for the TRT stream. For the nominated occupation to be eligible, it must be on the relevant occupation list at the time of nomination application.
the Labour Agreement stream is for persons who are being sponsored by an employer who is a party to a labour agreement that is in effect.
4. Document check list for – Employer
Applicant’s employment contract
The contract must indicate:
- the base salary – if the worker will earn less than AUD250,000 a year, their salary must not be less than the annual market salary rate
- the total remuneration and terms and conditions of employment – these conditions must not be less favourable than the conditions that would apply to an Australian citizen or permanent resident
- that the position is full-time, ongoing and available for at least 2 years
Proof your business is actively and lawfully operating
Provide:
- relevant pages of the trust deed specifying the parties to the trust (if you are a trust or trustee of a trust)
- current lease agreement
- letter of support from the accountant of your business
Also provide either:
- audited balance sheet and profit and loss statement for the most recently concluded fiscal year with comparative figures for previous fiscal year, or
- business tax returns and associated tax assessment notices for the most recently concluded fiscal year
If the fiscal period of the financial statements or tax returns ended more than three months before you lodge your application, also provide a business activity statement (BAS) for each complete quarter from the end of the fiscal period to the date you lodge your application.
If your business has operated for less than 12 months, also provide:
- business activity statements (BAS) for each complete quarter from the start of operations to the time you lodge the nomination, and
- statements for the business bank account from the start of operations to the time you lodge the nomination.
Proof you have a genuine need for a paid employee
Businesses seeking to nominate overseas workers for a permanent employer sponsored visa are required to demonstrate that there is a genuine need to employ a person in the position.
Provide:
- a detailed organisational structure chart
- the name of the occupation and its ANZSCO code
- a detailed position description including specified tasks and duties of the position
Also provide these where applicable:
- evidence that the position has existed and been previously occupied but has become vacant through attrition
- evidence that the position is currently occupied by a temporary resident
- evidence of an increase in business activity (e.g. new contracts won) requiring workers in the nominated occupation
- evidence of overtime work or increase in overtime work for employees currently in the nominated occupation
- if your business is diversifying, evidence of appropriate market research, business plans detailing proposed expansion and timelines, financial budgets covering expenditure and anticipated revenue and evidence of availability of funding (such as own funds or bank loans)
- a Health Workforce Certificate from a Rural Workforce Agency for the occupations of:
Proof you will pay the annual market salary rate
If the applicant will earn less than AUD250,000 a year, prove you will pay them the annual market salary rate (AMSR) for their occupation.
Clearly identify and explain your evidence. If you provide unlabelled salary surveys or vague details on how you determined the AMSR, we might refuse your nomination.
Where there is a difference between the determined AMSR and the nominee’s proposed salary, explain why.
Where a caveat applies
Caveats apply to some occupations for the subclass 186 visa. These caveats exclude the occupation from eligibility under the employer nomination scheme in some circumstances.
Where we might assess the occupation you are nominating as ineligible due to a caveat, provide evidence that it is eligible.
For example, one caveat applied to the occupation of chef is that the nominated position can’t be in a fast food or takeaway food service. Provide evidence to show the caveat does not apply to the position so that we don’t assess it as ineligible, such as:
- a detailed position description
- an explanatory statement and evidence that describes the core activities of your business
- a copy of the menu
- a link to your website
- a floor plan
- photographs of the premises that show the size and type of your establishment
- details of food preparation done on the premises
- details of table service provided and the volume of in-restaurant dining
- any other evidence you consider relevant
You can also ask us to consider the broader circumstances when we assess caveats – for example, the turnover and salary caveats, including those of an overseas parent company. Submit your request to us in writing.
We list any caveats that apply to occupations on the skilled occupations list.
5. Document check list for – Visa applicant
Provide accurate information
Provide accurate information.
Identity documents
Provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates.
Also provide:
- a national identity card, if you have one
- proof of change of name
Documents that prove a change of name include:
- a marriage or divorce certificate
- change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
- documents that show other names you have been known by
Licencing, registration or membership
Provide evidence of any licence, registration or professional membership mandatory to perform the nominated occupation in the state or territory you intend to work in, if applicable.
If you are a doctor, provide one of these certificates issued by the Australian Health Practitioner Regulation Agency as proof of full registration:
- unconditional or general medical registration
- conditional specialist registration which allows you to practise only in your particular specialty with no further training or supervision requirements
If you are a barrister or solicitor, provide proof of admission to practise as a lawyer in the relevant state or territory.
Skills and qualifications documents
Provide either:
- documents that prove your skills and qualifications
- documents to prove you are exempt from proving your skills and qualifications
Proof of your skills and qualifications
Provide all of the following:
- a positive and valid skills assessment, if required. Provide these when you apply. We don’t accept a skills assessment obtained for a subclass 485 visa
- your curriculum vitae (CV) or resume
- qualifications and proof of work experience such as employment references, if required
Skills assessment exemption documents
If you are exempt from having a skills assessment, provide proof that:
- 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
- you have been nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, or
- you 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
Age exemption documents
If you are 45 years old or older, provide documents to show you are exempt from the age eligibility criteria.
You are exempt from this criteria if any of the following apply 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.
English language documents
Provide documents that show you have Competent English.
Health documents
You do not need to provide health documents. If you have had medical exams, the results are sent to us by your doctor.
Character documents
Provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16. We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police. For immigration purposes, Australian police certificates are valid for 12 months from the date of issue.
Also provide:
- an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16
- military service records or discharge papers if you served in the armed forces of any country
Tell us you are getting help
To nominate someone to:
- receive your correspondence, use Form 956A Appointment or withdrawal of an authorised recipient (301KB PDF)
- provide immigration assistance, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (308KB PDF).
Upload your written notification or your forms to ImmiAccount.
Partner documents
Provide:
- identity documents
- character documents
Provide either:
- your current marriage certificate or
- enough documents to prove your partner has been in a de facto relationship with you for at least 12 months before you apply
Documents that prove a de facto relationship include:
- joint bank account statements
- billing accounts in joint names
- joint leases or mortgages
- documents that show you have both lived at the same address
Proof of Functional English
You must provide evidence that your partner has functional English.
If you can’t show that your partner has Functional English, you will need to pay the second instalment when we ask you to.
Dependants under 18 documents
For every dependant under 18 years who is applying with you provide:
- identity documents (if your child is under 5 years old you can include them in the application without a passport)
- proof of their relationship with you such as a birth or marriage certificate
- character documents, if applicable.
Parental responsibility documents
You must get consent for the child to come to Australia from anyone who:
- has a legal right to decide where the child lives and
- is not coming to Australia with the child.
They must complete either:
- Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (240KB PDF)
- a statutory declaration giving their consent for the child to visit Australia on this visa.
Include a document with the signature and photo of the person who completed the form or declaration, such as a:
- passport
- driver’s licence.
Dependants over 18 documents
For every dependant 18 years old or older who is applying with you provide:
- identity documents
- documents about other relationships, if applicable
- character documents
Proof of dependence
You need to prove that this person is a family member and/or dependent on you. Provide:
- a completed Form 47a Details of a child or other dependent family member aged 18 years or over (307KB PDF)
- proof of your relationship with the dependent such as a birth certificate or adoption papers
You must also prove this person has been financially dependent on you for at least 12 months before you apply. You could provide:
- proof they live with you
- their tax records
- proof they are currently studying
For other family members, if applicable, provide evidence the person:
- holds a subclass 457 or subclass 482 visa
- was granted that visa because they were your family member and
- is included in your application for this subclass 186 visa
Proof of Functional English
You must show that your family member has functional English.
If you can’t show that your family member has functional English, you will need to pay the second instalment when we ask you to.
Translate
Have all non-English documents translated into English.
Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.
Translators outside Australia do not have to be accredited. But on each translation, they must include their:
- full name
- address and telephone number
- qualifications and experience in the language they are translating
These details must be in English.
Note: You do not need to have any documents certified.
Scan or photograph
Scan or photograph all documents (English and non-English) in colour.
The scans and photos must be clear.
If a document is more than one page, save it all as one file.