Employer Nomination Scheme
Overview
Employer Nomination Scheme (Subclass 189) is a subclass of employer sponsored visas, which allows Australian employers to nominate skilled workers to work and stay permanently in Australia. This kind of visa is applicable to both applicants who are outside Australia and those who are living and working in Australia on a temporary visa. ENS 186 visa holders are eligible to receive all benefits for an Australian permanent residence, which includes but not limited to:
- Work and live in Australia indefinitely
- Receive support for Medicare services
- Study in Australia with domestic students’ tuition fee
- Apply for Australian citizenship if eligible
- Sponsor family to come to Australia (if eligible)
What are the 186 Visa Requirements?
As mentioned earlier, you must meet both the general requirements for an Employer Nomination Scheme (subclass 186) visa and specific requirements for the stream that you are applying for.
The General Requirements
You must:
- Have an occupation on the Medium- and Long-term Strategic Skills List
- Have been nominated by an approved Australian employer
- Received an IELTS (or equivalent English test) score of 6.0 or higher in each component
- Be less than 45 years old at the time of application
- Have a good character record and be of good health
- Satisfy relevant criteria for any secondary applicants.
How to bring family members to Australia under a visa 186?
You are allowed to bring your family members in Australia under visa 186. You can include them in the original visa application, or you can add them later when you get visa 186. For visa purposes, your family members are defined as (1) your spouse or your de facto partner, (2) your children or/and your partner’s children and (3) the dependent children of your children/your partner’s children.
You must demonstrate that you are in a genuine relationship with your partner. If married, you must provide your marriage certificate. If you are in a de-facto relationship, you need to prove that you and your partner are living together for at least 12 months or have registered the Civil Partnership Certificate under one of the Australian State or Territory Government.
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Frequently Asked Questions
When do I need to start working after I get a 186 visa?
If you are in Australia, you should start working for your nominating employer as soon as your visa is granted. If you are in other countries, you are required to commence your job within six months of your first arrival in Australia.
Can I leave my job after getting an ENS 186 visa?
To apply for a 186 visa, you must be nominated by an Australian employer. However, there is no enforceable requirement that stops you leaving your employer after your visa is granted. The Department of Home Affair has no control over the circumstance that you and/or your employer changes intentions, resulting in the employment contract being terminated. Importantly, there is no condition of ENS visas saying that employees must remain working for employers until the end of contract.
Nevertheless, you should be aware that you are required to submit the employment agreement to the Department of Home Affair when lodging your visa application. This contract must clearly state that the job position is offered to you for at least two years. The purpose of the contract is to demonstrate that you have the intention to stay with your nominating employer for a long period, and your position is genuine in the business. Therefore, the Department will retain its discretion to investigate your changing situation. If you provide misleading and incorrect information, or if you have not made a genuine effort to work for your employer, then the Department has a right to cancel or revoke your visa.
How long is a 186 visa valid for?
The ENS 186 is a permanent visa, which means you can stay and work in Australia indefinitely. However, the travel period of visa 186 holders is only 5 years since the visa is granted. After this time, you can apply for Australian Citizenship if eligible, or you can apply for a resident return visa.
What should I do if my passport expires when I wait for a 186 visa?
It is recommended that you should have a passport valid for at least one year before lodging the visa application. However, if your passport expires when you are waiting for the visa 186 outcome, you must get a new one and then update your new passport details with the Department of Home Affairs via ImmiAccount. If you do not inform the Department of this change, then the granted visa will be attached to the old passport details.