Employer Nomination Scheme (ENS) Subclass 186 Visa

Applying for permanent residency through employer sponsorship requires expert guidance. At CMI Legal, our 186 Visa Lawyers help skilled workers and Australian employers navigate the Employer Nomination Scheme confidently from eligibility assessment to visa approval.

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What is the Subclass 186 Employer Nomination Scheme Visa?

The Employer Nomination Scheme (ENS) visa (subclass 186) is a permanent residency pathway that allows skilled professionals to live and work in Australia indefinitely after nomination by an approved Australian employer. This two-stage visa offers three distinct streams: the Temporary Residence Transition stream for current 482 or 457 visa holders who have worked with their employer for at least two years; the Direct Entry stream for skilled workers with relevant qualifications and three years of work experience; and the Labour Agreement stream for workers nominated under approved labour agreements with specific conditions.

The 186 Visa Application Process

The 186 visa follows a mandatory two-stage process with strict timelines and specific requirements.

Employer Nomination (4–6 weeks)

The employer lodges the nomination application, demonstrating that the business operates actively and lawfully in Australia, that the nominated position is genuine and available for two years, and that the offered salary meets minimum thresholds and market rates. The employer pays the SAF levy and provides comprehensive evidence of financial viability, compliance with Australian immigration and industrial relations laws, and training obligations. Current Department processing times average 4–6 weeks. Once approved, the nomination remains valid for six months for visa lodgement.

Visa Application (5–9 months)

Within six months of nomination approval, you must lodge your visa application, including a skills assessment (if required for your stream), proof of work experience, English language test results, police clearances from all countries where you have lived for 12+ months, health examinations by approved panel physicians, and relationship evidence for included family members. The visa application charge is $4,240 for the main applicant, plus additional fees for family members. Current processing times range from 5–9 months, depending on stream, completeness, and individual circumstances.

482 to 186 Transition Pathway

Holding a subclass 482 Temporary Skill Shortage visa with two years of work for your employer may qualify you for the Temporary Residence Transition stream. Key advantages include no skills assessment requirement, potential age exemptions for high earners ($175,000+ annually), flexibility to have worked in multiple positions for the same employer, and grandfathering provisions for 457 visa holders affected by the 2017 changes.

Visa Stress? Here’s How We Simplify Every Step

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Talk one-on-one with our senior immigration lawyer whenever you need personalised advice and swift answers.

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186 Visa Eligibility & Requirements

Meeting specific eligibility criteria is essential for 186 visa success. Requirements vary by stream, but all applicants must satisfy core criteria.

Core Requirements
  • Age: Under 45 years at the time of application. Exemptions are available for high earners ($175,000+ annually for three consecutive years), senior academics nominated by Australian universities, scientists or researchers nominated by government agencies, regional medical practitioners, and New Zealand citizens with two years of employment with the nominating employer.
  • Skills Assessment: Mandatory for the Direct Entry stream and conducted by the relevant assessing authority for your occupation (Engineers Australia, VETASSESS, ACS, CPA/CA ANZ). It is valid for three years from the issue date. A skills assessment is not required for Temporary Residence Transition stream applicants.
  • Work Experience: The Direct Entry stream requires a minimum of three years of full-time, post-qualification experience in your nominated occupation. The Temporary Residence Transition stream requires two years of work with a sponsoring employer while holding a 482 or 457 visa (multiple positions or roles with the same employer may be accepted under updated 2025 rules).
Salary and Employer Requirements
  • Minimum Salary: The position must pay at least AUD 76,515 annually (Core Skills Income Threshold 2025), excluding superannuation. It must also meet the Annual Market Salary Rate (AMSR) what Australian workers earn in equivalent roles at the same location and workplace.
  • High Earner Exemption: Salaries exceeding $250,000 annually are exempt from AMSR requirements, providing flexibility for senior executive roles. This threshold applies to base salary only.
  • Employer SAF Levy: Employers must pay the Skilling Australians Fund levy when lodging a nomination $3,000 for businesses with an annual turnover under $10 million, or $5,000 for turnover over $10 million. This levy cannot legally be transferred to the visa applicant; breaches may result in significant fines and criminal charges.
  • Position Requirements: The position must be genuine, full-time (minimum 35 hours per week), available for at least two years from visa grant, and offer terms and conditions no less favourable than those provided to Australian workers in equivalent roles. Cash-for-sponsorship arrangements have been prohibited since December 2015.

Documents Checklist for ENS Visa 186

Proof of Identity

Current passport valid for six months, birth certificate showing full name and parents’ details, and national ID card (if applicable). Certified copies and professional English translations are required.

Sponsorship Documents

Employer nomination approval letter, detailed position description outlining duties, employment contract specifying salary and duration, organisational chart, and business evidence including ABN registration, recent financial statements, and business activity statements showing genuine ongoing operations.

Character Assessment

Police clearances from the Australian Federal Police (if you have lived in Australia 12+ months) and from every country where you have lived for 12+ months in the past 10 years. Certificates must be issued within 12 months.

Health Examinations

Medical examinations by Department-approved panel physicians, chest X-rays for applicants aged 11 and over, plus additional tests based on medical history, age, or occupation. Health examinations are valid for 12 months, and all included family members must complete them.

How Do You Qualify for a Subclass 186 Visa?

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Benefits of the 186 Visa

The Subclass 186 visa offers significant benefits, making it one of Australia’s strongest pathways to permanent residency for skilled workers.

  • Permanent Residency: Live in Australia indefinitely with no renewal requirements. Include your spouse, de facto partner, and dependent children for long-term family security.
  • Work & Study Rights: After an initial two-year period with your nominating employer, you can work for any employer, start a business, or study without international student fees or visa limits.
  • Medicare Access: Enrol in Medicare immediately upon grant and access subsidised medical care, PBS medications, and public hospital services.
  • Citizenship Pathway: Apply for Australian citizenship after four years in Australia, including at least 12 months as a permanent resident.
  • Sponsor Relatives: Sponsor eligible family members for visas, including parent visas and other family reunion pathways.
  • Travel Rights: A five-year travel facility allows unlimited overseas travel. After five years, apply for a Resident Return Visa or citizenship to maintain travel rights.

Why Choose CMI Legal For for Your Visa Application?

Comprehensive Immigration Services

From temporary partner visas to permanent residency, citizenship applications to Administrative Appeals Tribunal representation, we handle all aspects of Australian immigration law. Our multi-practice expertise means we can also assist with related legal matters like business structuring for business visa applicants and employment contracts for skilled workers.

11+ Years of Immigration Expertise

Since 2014, we’ve successfully guided 1500+ clients through the entire process of visa applications, from initial eligibility assessment to granted permanent residency. Our experience spans partner visas, skilled migration, business visas, parent visas, student visas, and complex visa refusal cases.

Registered MARA Migration Agents 

We are trusted immigration lawyers registered with the Migration Agents Registration Authority, ensuring you receive professional support that meets the highest industry standards under the Migration Act 1958.

Fixed-Fee Pricing with No Surprises

Unlike many immigration lawyers who charge unpredictable hourly rates, we provide upfront fixed-fee quotes for our migration services. You’ll know the total cost before you commit, no hidden charges, no billing surprises.

Sydney-Based with Australia-Wide Service

Located in Sydney with deep knowledge of New South Wales immigration matters, we serve clients across Australia and internationally. Whether you’re in Sydney, regional areas, or overseas planning your migration journey, we provide expert guidance throughout the whole process.

Personalised Visa
Strategy

We develop a personalised visa strategy based on your unique circumstances, ensuring that your application aligns with Australian immigration law. From determining the right partner visa process subclass to gathering the most relevant supporting evidence, we guide you step by step, ensuring all legal requirements are met.

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Client Testimonials and Reviews

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Sydney Translation
22:10 18 Feb 26
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David Lin
11:41 23 Nov 25
Many thanks to Senior Lawyer Tina Tang for helping me handle the sale of my property in Sydney. She liaised with the real estate, banks and buyers broker and explained everything well and handled the sale meticulously.Her professional ability, experience and sense of responsibility are trustworthy. I recommend Tina and CMI for anyone looking for support in real estate sales.
David Lin
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Denis Lebrun
00:14 21 Nov 25
John Zhang has been absolutely great in helping me with my EOI and application for a skilled visa in Australia. On both calls I've had with John, I have had a multitude of questions for him which he answered in depth and gave me all the information I required. He really has a great amount of knowledge and I would highly recommend him and the CMI legal team for their efficiency and professionalism.
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Jing LI
03:22 30 Sep 25
I was very fortunate to have Tina TANG from CMI as my conveyancing solicitor for the recent sale of my property. She demonstrated exceptional professionalism and dedication throughout the entire process — from preparing the contract, exchanging contracts, right through to settlement. What impressed me the most is that even after settlement, she continued to go above and beyond to assist me as the vendor, making sure everything was properly taken care of.

Her diligence, patience, and attention to detail gave me great peace of mind and took away a lot of the stress of selling a property. I would highly recommend her to anyone looking for a reliable, professional, and truly supportive conveyancing solicitor. ⭐⭐⭐⭐⭐
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Sabrina Ng
06:57 12 Aug 25
Outstanding service from start to finish. Tina Tang handled my unit's sales contract with exceptional professionalism. Communication was always clear and prompt, making the whole process smooth and stree free. I highly recommand Tina to anyone seeking a reliable and knowledgeable solicitor.
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Max Swan
22:16 01 Jul 25
I’ve had an incredibly positive experience working with John & Winnie on my matter. From start to finish, they have been professional, knowledgeable, and genuinely supportive throughout what’s been a stressful time for me.

They explained every step of the process clearly, responded promptly to any questions I had, and made complicated situations feel a lot more manageable. I felt like I was in good hands the entire time, and their calm, confident approach really helped me stay grounded.

Highly recommend CMI services to anyone needing immigration or legal assistance — couldn’t be more grateful.

Thanks again!
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danny
11:57 26 Jun 25
As an old customer of CMI, this year is already the 8th year. Special thanks to attorney John and attorney Tina for carefully answering our various questions, providing a lot of professional advice and help, allowing us to easily complete each transaction.
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Vivien Lu
01:39 23 May 25
Tina was a great lawyer - she was always incredibly knowledgeable, answered all questions promptly, and very friendly. Would recommend Tina!
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Zhiyi LI
04:58 14 Mar 25
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Jeremy Tong
22:32 20 Sep 24
Tina was a great help in guiding us through our first home buying experience. She gave us a lot of great explanations and advice from initial discussion of the process through every step until successful settlement. Communication and resolution of issues was prompt and professional.
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Yun Jung Hsieh
05:56 12 Aug 24
Tina is a fantastic lawyer. her responses to my queries were thorough and timely, and impeccable organizational skills! Truly appreciated her clear and consistent communcation througout the entire property-purchasing process. she handled everything with profressionalism and expertise, making what could have been a stressful experience much smoother. Highly recommend!
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Jeena Jung
05:04 06 Aug 24
We had the pleasure of working with Tina as our solicitor for our first home purchase, and we couldn’t have been in better hands. She carefully explained every step of the process, guiding us through what initially felt overwhelming and unfamiliar. Buying off the plan made us particularly cautious, especially when it came to reviewing legal documents. Tina’s meticulous approach put us at ease—she ensured we both clearly understood each aspect, taking the time to highlight and reorganise information to make it more accessible. Her dedication and professionalism made the entire experience far less daunting, and we’re truly grateful for her support.
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Keyu Jiang
10:03 05 Aug 24
John and Tina have provided great professional legal service since 2017 for me.
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Ian Pereira
09:18 04 Jul 24
I realised that I hadn’t left a review for my dealings with CMI legal. I had dealt with them a few months ago, but an epiphany made me come and leave a review.

5 stars is insufficient to express their work. We were working Dee and she is an amazing and thorough professional. She goes above and beyond and explains matters that makes you understand things really well. Thank you Dee for your amazing work.

FAQs About Immigration Law Services

Nomination: 4–6 weeks. Visa application: 5–9 months depending on stream, completeness, and Department requests for further information.

Main applicant: $4,240. Additional adult: $2,120. Child: $1,060. Employer SAF levy: $3,000 or $5,000. Additional costs include skills assessments, English tests, health exams, and police checks.

Yes. You can include your spouse or de facto partner and dependent children. All must meet health and character requirements. Adults need Functional English or must pay the $4,890 second instalment.

You are expected to work for your nominating employer for around two years after the visa grant, though this is not legally enforced. After that, you may work anywhere.

If applying onshore, you will receive a Bridging Visa A when your current visa expires, keeping you lawful with work rights until a decision is made.

The 482 is temporary (up to four years) and tied to one employer. The 186 is permanent, offering long-term residency, Medicare access, and a citizenship pathway.

Yes, if you meet an exemption: high earners ($175,000+ for three years), senior academics, government-nominated scientists, regional medical practitioners, NZ citizens with relevant employment history, or grandfathered 457 holders aged 45–50.

After roughly two years, you can freely change employers, start a business, or work anywhere in Australia without notifying the Department.

If the business closes before a decision is made, the nomination becomes invalid, and a new employer may be required. Contact our migration lawyers immediately for urgent advice.

Meet Our Experienced Team of Migration Lawyers

Tina Tang

Lawyer

Rita Lam

Lawyer

Mathew Wu

Director

Jhon Zhang

Principal

Malorie Tan

Lawyer