Disclaimer: This content is for informational purposes only and does not constitute migration advice. Always consult a registered migration agent (MARA) for personalized guidance.
What is the ENS 186 Visa?
The Employer Nomination Scheme (ENS) subclass 186 is a permanent employer-sponsored visa that allows skilled workers to live and work in Australia permanently. It is designed for employers to recruit skilled overseas workers when they cannot find suitable Australian workers.
Key Benefits of the 186 Visa:
- • Permanent residency: Live and work in Australia indefinitely
- • Work anywhere: Not restricted to nominating employer after grant
- • Include family: Partner and dependent children included in application
- • Medicare access: Full access to Australian healthcare system
- • Study rights: Children can attend Australian schools
- • Path to citizenship: Eligible to apply for citizenship after 4 years
- • Travel freedom: Travel in and out of Australia for 5 years
ENS 186 Visa Streams
The ENS 186 visa has three distinct streams, each with different requirements and pathways:
1. Direct Entry Stream
For applicants applying directly from overseas or onshore without 482 visa
Key Requirements:
- • Under 45 years of age
- • Competent English (IELTS 6.0 equivalent)
- • Skills assessment for nominated occupation
- • At least 3 years relevant work experience
- • Meet health and character requirements
Employer Requirements:
- • Genuine position available
- • Labour Market Testing (unless exempt)
- • Pay Australian market salary rates
- • No adverse information about employer
- • Training benchmarks met (if applicable)
2. Transition to Permanent Residence (TRT) Stream
For current 482 (TSS) visa holders transitioning to permanent residency
Key Requirements:
- • Hold 482 visa for at least 3 years
- • Worked for sponsoring employer for 3 years
- • Same or related occupation
- • Competent English (IELTS 6.0 equivalent)
- • Under 45 years (unless exempt)
Advantages:
- • No skills assessment required
- • No labour market testing
- • Age limit exemptions possible
- • English requirement exemptions available
- • Proven track record with employer
3. Agreement Stream
For positions covered by specific agreements or designated areas
This stream applies to specific agreements between the Australian Government and employers, or positions in designated areas with special arrangements.
- • Labour agreements with specific employers
- • Designated Area Migration Agreements (DAMA)
- • Regional Certified Agreements
- • Requirements vary based on specific agreement
Detailed Requirements
Age Requirements
| Stream | Age Limit | Exemptions Available | Conditions for Exemption |
|---|---|---|---|
| Direct Entry | Under 45 | Limited | Exceptional circumstances only |
| TRT Stream | Under 45 | Yes | Held 482 before turning 45, or exceptional circumstances |
| Agreement | Varies | Depends on agreement | Specified in individual agreements |
English Language Requirements
Competent English Standard Required:
| Test | Overall | Listening | Reading | Writing | Speaking |
|---|---|---|---|---|---|
| IELTS | 6.0 | 6.0 | 6.0 | 6.0 | 6.0 |
| PTE Academic | 50 | 50 | 50 | 50 | 50 |
| TOEFL iBT | 64 | 12 | 13 | 21 | 18 |
| CAE | 169 | 169 | 169 | 169 | 169 |
English Requirement Exemptions
You may be exempt from English requirements if you:
- Are a citizen of Canada, Ireland, New Zealand, UK, or USA
- Hold a passport from these countries and are applying in the TRT stream
- Have completed secondary or higher education taught in English
- Have at least 5 years work experience in competent English level employment
- Are applying under certain agreement streams with specific exemptions
Skills Assessment Requirements
Skills Assessment by Stream
| Stream | Skills Assessment Required? | Assessing Authority | Processing Time |
|---|---|---|---|
| Direct Entry | Yes, mandatory | Depends on occupation | 6-20 weeks |
| TRT Stream | No | N/A | N/A |
| Agreement | Depends on agreement | Specified in agreement | Varies |
Common Skills Assessing Authorities for Chinese Applicants
Technology & Engineering:
- • ACS: IT professionals (Software Engineers, Analysts)
- • Engineers Australia: All engineering disciplines
- • VETASSESS: Technology managers and specialists
- • TRA: Technology trades and technicians
Business & Finance:
- • CPA Australia: Accountants and financial professionals
- • CAANZ: Chartered accountants
- • VETASSESS: Management and business professionals
- • Financial Planners: FASEA for financial advisors
Labour Market Testing (LMT)
When LMT is Required
Labour Market Testing demonstrates that no suitable Australian workers are available for the position. It is required for most Direct Entry stream applications.
LMT Requirements:
- • Advertise the position for at least 4 weeks within 4 months before nomination
- • Use at least 2 recruitment methods (one must be on a major recruitment website)
- • Advertisement must include key job requirements and skills
- • Salary must be at Australian market rates
- • Employer must genuinely consider all suitable applications
- • Keep detailed records of all applications and reasons for rejection
LMT Exemptions
| Exemption Category | Conditions | Examples |
|---|---|---|
| TRT Stream | 482 visa holder for 3+ years | Current TSS visa holders transitioning |
| International Trade Obligations | Covered by trade agreements | Citizens of certain countries under FTAs |
| Senior Executive | Salary above $250,000 AUD | CEO, CFO, senior management positions |
| Internal Transfer | Worked for employer overseas for 12+ months | Multinational company transfers |
| University Lecturer | Academic position at university | Professors, researchers, lecturers |
Salary and Conditions
Market Salary Rates
The sponsored employee must be paid at least the higher of:
- The Temporary Skilled Migration Income Threshold (TSMIT) - currently $70,000
- The annual market salary rate for the occupation
- The salary paid to equivalent Australian workers
Salary Verification Requirements:
- • Market salary reports from recruitment agencies
- • Salary surveys and industry data
- • Job advertisements for similar positions
- • Evidence of salaries paid to equivalent employees
- • Professional associations salary guides
Employment Conditions
Mandatory Conditions:
- • Full-time position (minimum 38 hours per week)
- • Permanent or contract minimum 2 years
- • Same terms and conditions as Australian workers
- • Comply with all Australian workplace laws
- • Provide all mandatory entitlements
Entitlements Include:
- • Annual leave and sick leave
- • Superannuation contributions (11%)
- • Workers compensation insurance
- • Fair work protections
- • Professional development opportunities
Application Process and Timeline
Three-Step Process
Step 1: Employer Nomination (Form 186)
Employer lodges:
- • Nomination application
- • Labour market testing evidence
- • Position and business details
- • Training benchmarks evidence
Processing:
- • Fee: $540
- • Processing: 2-6 months
- • Approval needed before visa application
Step 2: Visa Application (Subclass 186)
Employee lodges:
- • Visa application within 6 months
- • Skills assessment (if required)
- • English test results
- • Employment and education documents
Processing:
- • Fee: $4,770 (main applicant)
- • Additional fees for family members
- • Processing: 8-18 months
Step 3: Health and Character Checks
Requirements:
- • Medical examinations
- • Police clearances
- • Character declarations
- • Health insurance evidence
Timeline:
- • Medical exams: 2-4 weeks
- • Police checks: 2-8 weeks
- • Results valid for 12 months
Costs and Fees Breakdown
| Fee Type | Amount (AUD) | Paid By | When Due |
|---|---|---|---|
| Nomination Fee | $540 | Employer | With nomination application |
| Visa Fee (Main Applicant) | $4,770 | Employee | With visa application |
| Visa Fee (Partner) | $2,385 | Employee | With visa application |
| Visa Fee (Child under 18) | $1,190 | Employee | With visa application |
| Skills Assessment | $500-$1,500 | Employee | Before visa application |
| English Test | $385-$450 | Employee | Before visa application |
| Health Examinations | $300-$500 per person | Employee | When requested by DIBP |
| Police Checks | $100-$300 per country | Employee | When requested by DIBP |
Chinese Australian Community Considerations
Popular Industries for Chinese Professionals
Technology Sector:
- • Software engineers and developers
- • Data scientists and analysts
- • Cybersecurity specialists
- • IT project managers
- • Systems architects
- • AI and machine learning engineers
Professional Services:
- • Accountants and financial analysts
- • Management consultants
- • Marketing specialists
- • Business analysts
- • Human resources managers
- • Translation and interpretation
Documentation Challenges and Solutions
| Challenge | Common Issues | Solutions |
|---|---|---|
| Chinese Qualifications | Recognition of Chinese degrees and certifications | Skills assessment, academic transcript verification, NAATI translation |
| Work Experience Evidence | Chinese employment letters and references | Statutory declarations, detailed job descriptions, salary evidence |
| English Proficiency | Meeting competent English standard | Professional English training, multiple test attempts, exemption pathways |
| Character Documentation | Police clearances from China | Consulate assistance, certified translation, detailed explanations |
Common Rejection Reasons and Prevention
Top Rejection Reasons for 186 Applications:
- 1. Inadequate labour market testing: Insufficient advertising or poor record keeping
- 2. Skills assessment issues: Negative or inappropriate skills assessment
- 3. English language requirements not met: Test results expire or insufficient scores
- 4. Position not genuine: Department questions legitimacy of job offer
- 5. Salary below market rate: Insufficient evidence of appropriate remuneration
- 6. Age limit exceeded: Applicant over 45 without valid exemption
- 7. Character or health issues: Failure to meet mandatory requirements
Prevention Strategies
Before Application:
- • Comprehensive preparation and documentation
- • Professional migration agent consultation
- • Early skills assessment and English testing
- • Thorough labour market testing process
- • Market salary research and validation
During Process:
- • Respond promptly to Department requests
- • Maintain consistent employment with sponsor
- • Keep all documentation current and valid
- • Regular communication with migration agent
- • Monitor application progress and timeframes
Post-Visa Grant Obligations
Employer Obligations
- Employment duration: Provide employment for at least the first 2 years after visa grant
- Terms and conditions: Maintain same conditions as offered in nomination
- Training benchmarks: Continue to meet training requirements
- Reporting obligations: Notify DIBP of significant changes
- Record keeping: Maintain employment and training records
Visa Holder Rights and Freedoms
After Visa Grant, You Can:
- • Work for any employer in Australia (not tied to sponsoring employer)
- • Start your own business or become self-employed
- • Study at any institution without restrictions
- • Access Medicare and government services
- • Sponsor eligible relatives for permanent residence
- • Travel freely in and out of Australia for 5 years
- • Apply for Australian citizenship after 4 years
ENS 186 Visa Success Checklist:
- • Genuine job offer from approved Australian employer
- • Meet age, English, and skills requirements for your stream
- • Completed labour market testing (unless exempt)
- • Salary at or above market rates and TSMIT threshold
- • All supporting documentation properly certified and translated
- • Health and character requirements satisfied
- • Professional migration agent assistance throughout process