Employer Nomination 186

The Employer Nomination Scheme (ENS) visa 186 is a permanent visa that requires the sponsorship of a nominating employer. The application process is divided into two stages:

1. Nomination stage — relates to the employer and the position being nominated
2. Visa application stage — relates to the primary applicant for a visa and any family members included in the visa application

This visa has 3 streams:

Temporary residence transition stream - The TRT stream is for Temporary Skill Shortage (TSS) visa (subclass 482) visa holders or the Temporary Skilled (Work) visa (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.

Direct entry 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.

Agreement stream - 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.

Skilling Australians Fund (SAF) levy (Paid by the Employer)

The employer must pay the applicable nomination training contribution charge (referred to frequently as the “SAF levy) at the time of lodgement of the nomination. The calculations and amount of the SAF levy are as follows:

This amount must be paid by the nominator and cannot be claimed from the visa applicant in any way.

The only exemption from the SAF levy is where a nomination is lodged for the occupation of Minister of Religion (including Bishops) and Religious Assistants under the Labour Agreement stream of the ENS (subclass 186) visa.