Subclass 186 Employer Nominated Scheme

Living, working and studying in Australia on a permanent basis is an attractive prospect for many prospective migrants. The Employer Nomination Scheme (ENS) visa (subclass 186) is a highly regarded permanent residence pathway, enabling eligible applicants to live and work in Australia indefinitely and access a range of associated entitlements.

The subclass 186 is an employer-nominated program, meaning an approved Australian employer must nominate the position and the applicant must meet the relevant eligibility criteria. At Align Law, our experienced 186 visa lawyer Australia team assists both employers and applicants to navigate the nomination and visa stages, manage documentary requirements, and ensure applications are prepared in a clear, compliant, and strategically sound manner.

In this article, we explain what the ENS visa (subclass 186) is, outline the key eligibility requirements, and summarise the application process and practical steps involved in lodging a strong application.

What is a Subclass 186 Employer Nominated Scheme visa?

The Employer Nomination Scheme (subclass 186) is a permanent visa that allows eligible skilled workers, nominated by an Australian employer, to live and work in Australia on an ongoing basis. The application involves a nomination by the employer and a separate visa application by the nominee, with both stages requiring the position to be genuine and the parties to meet the relevant legislative and policy criteria. If granted, the visa results in Australian permanent residence.

Skilled visa applications, including subclass 186 visa, are processed in accordance with government processing priorities set out in Ministerial Direction No. 105. For employer-sponsored visas, the current order of priority is: positions to be carried out in a designated regional area, then healthcare or teaching occupations, then applications where the nominee is nominated by an approved sponsor with Accredited Status, followed by other categories.

There are three streams under the Subclass 186 Employer Nominated Scheme:

1. Temporary Residence Transition (TRT) stream: If you are already in Australia and hold a subclass 457 or 482 visa (or an eligible bridging visa), your employer may be able to nominate you for the Employer Nomination Scheme (subclass 186) through the TRT stream. In most cases, you must have worked in eligible sponsored employment for at least two years (generally within the three years immediately before lodging), and you must continue in the nominated occupation with the nominating employer. Our sponsorship visa lawyer Australia team can assist with assessing your eligibility under this stream.
2. Direct Entry (DE) stream: This stream is generally for applicants who are not eligible to apply under the TRT stream and may be inside or outside Australia at the time of application. In most cases, you must be nominated by an approved Australian employer and hold a positive skills assessment in your nominated occupation (unless an exemption applies), as well as demonstrate at least three (3) years of relevant skilled work experience.
3. Labour Agreement (LA) stream: This pathway applies where an employer has entered into a formal labour agreement with the Australian Government, allowing the employer to nominate overseas workers under agreed terms to address identified skills shortages. Eligibility and requirements depend on the specific agreement, and may include occupation lists, concessions, minimum salary arrangements, and other conditions set out in the agreement. Applicants must still meet the relevant visa criteria, including health and character requirements.

Key eligibility requirements across all ENS 186 streams

The Employer Nomination Scheme (ENS) visa (subclass 186) is available through three streams – Temporary Residence Transition, Direct Entry, and Labour Agreement. While each stream has its own criteria, there are core requirements that apply in every case.

First, an approved Australian employer must lodge a nomination for a genuine position. The nomination must meet the relevant program settings and evidence requirements, and the nominee must be able to perform the role. A skilled migration visa lawyer Australia can help ensure your nomination meets all legislative requirements.

Applicants must also satisfy standard visa criteria, including:

• Age: Applicants must generally be under 45 at the time of application, unless a specific exemption applies.
• Health and character: Applicants must meet Australia’s health requirement and satisfy the character test and related integrity checks.
• English language: Applicants must meet the required English standard (commonly “competent English”), unless an exemption applies.

In addition, the employer will usually have financial obligations at the nomination stage, including the Skilling Australians Fund (SAF) levy (where applicable).

Stream specific eligibility requirements

Temporary Residence Transition (TRT) stream

The TRT stream is for eligible applicants who have already been working in Australia on a subclass 457 or 482 visa (or an eligible bridging visa). In broad terms, applicants must:

• Hold an eligible visa (including subclass 457 or 482, or an eligible bridging visa).
• Have usually completed at least two years of eligible sponsored employment before applying.
• Be nominated by the current employer for a genuine ongoing position and meet any role specific qualifications or licensing requirements.

Finally, where a nomination is approved first, it is important to be mindful of validity periods and timing so the visa application is lodged while the nomination remains usable and current under Departmental settings. A work visa lawyer Australia can provide guidance on critical timing requirements.

Direct Entry stream
The Direct Entry stream is generally suited to applicants who have not completed the required period of sponsored employment in Australia under the Temporary Residence Transition pathway, including applicants applying from offshore. Key criteria commonly include:

• Nomination in an eligible occupation (as specified under the program settings).
• A positive skills assessment (unless an exemption applies).
• At least three years of relevant skilled work experience.
• Any mandatory licensing, registration, or professional membership required to perform the role.

Labour Agreement stream
This stream applies where the nominating employer has an approved labour agreement with the Australian Government that allows the employer to nominate workers under agreed terms to address identified workforce needs. Eligibility is driven by the specific terms of the labour agreement, which may set role requirements, concessions, and minimum experience or qualification standards. As a starting point:

• The employer must hold a current labour agreement in place with the Department of Home Affairs.
• The applicant must meet the skills, qualifications, and experience requirements specified under that agreement.

Having outlined the three ENS 186 streams and the key eligibility settings, the application itself generally follows a clear sequence. While the exact evidence and timing can differ between the Temporary Residence Transition, Direct Entry and Labour Agreement streams, the pathway is typically best understood as a two stage process, namely employer nomination and the nominee’s visa application.

The general process for applying for a Subclass 186 ENS visa

1) Confirm the right stream for your circumstances

Start by identifying whether you are eligible under Temporary Residence Transition, Direct Entry or Labour Agreement. This is important because the criteria and supporting evidence vary between streams, particularly around work history, skills assessment requirements and any concessions under a labour agreement. Once the stream is lodged, it cannot be changed. Consulting with a skilled migration visa lawyer Australia early in the process can help you choose the most appropriate pathway.

2) Secure an eligible nominating employer and a genuine position

An Australian employer must be willing and eligible to nominate you for a genuine, full-time position. For the Labour Agreement stream, the employer must hold a relevant labour agreement in place. For the Direct Entry and Temporary Residence Transition streams, a labour agreement is not required. The position must be ongoing and generally offered for at least two years. Our sponsorship visa lawyer Australia team regularly advises employers on their nomination obligations.

3) Confirm occupation settings and any mandatory licensing or registration

Before proceeding, check whether your occupation is eligible for the relevant stream and whether you must hold, or be eligible to hold, registration, licensing or professional membership to work in the role in Australia.

4) Prepare skills and experience evidence

This step will look different depending on your stream. Direct Entry commonly requires a positive skills assessment (unless an exemption applies) and at least three years of relevant skilled work experience. Temporary Residence Transition focuses more heavily on your period of eligible sponsored employment with the nominating employer, together with evidence you meet role specific qualifications and licensing requirements. For Labour Agreement, skills and experience requirements are determined by the specific terms of the agreement.

5) Ensure you meet English, age, health and character requirements

Applicants must satisfy the English language requirement applicable to the visa, as well as health and character criteria. Age is generally capped at under 45 at the time of application, unless an exemption applies under the legislation or policy settings.

6) Lodge the nomination and the visa application in the correct sequence and within required timeframes

The employer nomination and the visa application are separate and must both be properly prepared and supported by evidence. Depending on the case, they may be lodged at the same time. Where the nomination is approved first, it is important to lodge the visa application while the nomination remains usable and within the relevant validity period. A work visa lawyer Australia can help manage these critical timeframes.

7) Manage the post lodgement stage and wait for a decision

After lodgement, the Department may request further information, health examinations, biometrics or updated documents. Processing times vary and depend on factors such as the stream, the applicant’s circumstances, and the completeness of the nomination and visa evidence. As a practical matter, strong front end preparation can reduce delays and minimise the risk of avoidable requests.

Your future in Australia with an Employer Nomination Scheme (subclass 186) visa

Australia offers long term opportunities for individuals and families seeking stability, strong employment prospects, and a high standard of living. For many skilled workers, the Employer Nomination Scheme (ENS) visa (subclass 186) provides a direct pathway to permanent residence, allowing eligible applicants to live and work in Australia on an ongoing basis.

At Align Law, we provide strategic, end to end assistance across all three ENS 186 streams: Temporary Residence Transition, Direct Entry, and Labour Agreement. Our Melbourne immigration migration agents and skilled migration visa lawyer Australia team work closely with both nominees and employers to assess eligibility, identify risks early, and prepare the nomination and visa application in a clear, legally sound, and well evidenced way. We also assist clients with partner visa Melbourne applications and other family migration matters. Every matter is approached with care and attention to detail, because we understand the decision to pursue permanent residence is a significant life step.

If you would like advice on your eligibility or the most appropriate ENS 186 pathway, please contact our team. We can provide clear guidance, practical next steps, and support you through the process from initial assessment through to decision.