1. What Is the Subclass 186 ENS Visa?
The Subclass 186 Employer Nomination Scheme (ENS) visa is Australia's primary employer-sponsored permanent residence visa. Unlike the Subclass 482 Temporary Skill Shortage visa, which grants temporary stay only, the 186 grants permanent residence from the moment it is decided. There is no provisional period, no regional residence requirement, and no further visa application needed to convert to permanency.
The 186 operates through three streams. In practice, the vast majority of applications fall under one of two:
- Temporary Residence Transition (TRT) stream — for workers who have held a 482 (or predecessor 457/TSS) visa and have worked for the nominating employer for at least 2 years.
- Direct Entry (DE) stream — for workers who have not held a qualifying temporary visa with the nominating employer and must demonstrate a positive skills assessment.
- Agreement stream — only available via a Labour Agreement between an employer and the Australian Government. This is rare and is not covered in depth in this guide.
Both the TRT and DE streams result in a permanent visa grant — the difference lies in the eligibility pathway and the evidence required to get there.
2. TRT Stream: The 482-to-186 Transition Pathway
The Temporary Residence Transition stream is the most common route to the 186. It is designed for workers already employed in Australia on a Subclass 482 visa who have built the required employment history with their nominating employer.
TRT Eligibility Requirements
- Qualifying visa: Must have held a Subclass 482, 457, or Temporary Business Entry (subclass 457 predecessor) visa at the time the 186 nomination is lodged.
- Employment period: Must have been employed in the nominated occupation by the nominating employer for at least 2 years immediately before the nomination is lodged. Gaps in employment or changes in occupation during this period are the most common source of TRT refusals.
- Same employer: The employer who nominates the worker must be the same employer who held the 482 sponsorship for the qualifying period. Employer corporate restructures (mergers, acquisitions, corporate succession) can preserve eligibility — but must be documented carefully.
- Age: Must be under 50 years of age at the time of application. Exemptions exist for certain high-value applicants (e.g., those earning above a specified income threshold or where an international trade obligation applies).
- No occupation list required: Unlike the DE stream, the TRT stream does not require the nominated occupation to appear on a specific occupation list at the time of the 186 application. This is a significant advantage for workers in occupations that have been removed from lists since the 482 was granted.
- No skills assessment required: A formal skills assessment is not required for TRT. The employer's evidence package — payroll records, employment contracts, position descriptions, and statutory declarations — substitutes for the assessing authority's formal opinion.
- English language: Competent English is required. Acceptable tests: IELTS (6.0 overall), PTE Academic (50 overall), TOEFL iBT (60 overall), Cambridge (169 overall). Passport holders from the UK, USA, Canada, New Zealand, and Ireland are exempt.
- Health and character: Standard Australian requirements apply.
What Counts as 2 Years?
The 2-year employment period is calculated from the date the worker commenced employment with the nominating employer in the nominated occupation — not from the date the 482 visa was granted. However, the worker must have held a qualifying visa (482, 457, or TSS) for the entire qualifying period. Employment before the first qualifying visa was granted does not count.
| TRT Requirement | Detail |
|---|---|
| Qualifying visa | 482, 457, or TSS predecessor |
| Employment period | At least 2 years with nominating employer |
| Occupation list | Not required |
| Skills assessment | Not required |
| Age limit | Under 50 (exemptions available) |
| English | Competent English required |
3. Direct Entry Stream: Skills Assessment Route
The Direct Entry stream allows employers to nominate overseas workers for permanent residence without the worker needing to have previously held a 482 visa in Australia. It is used when an employer wants to bring someone directly to PR — typically a highly skilled worker who is currently overseas or in Australia on a different visa class.
DE Eligibility Requirements
- Skills assessment: A positive skills assessment from the relevant assessing authority is mandatory. The assessing authority depends on the nominated occupation — for example, Engineers Australia for engineering occupations, the Australian Computer Society (ACS) for ICT, and Trades Recognition Australia (TRA) for trade occupations. Skills assessments typically take 2–6 months to obtain.
- Occupation list: The nominated occupation must appear on the relevant occupation list for the 186 Direct Entry stream at the time of nomination. This is distinct from the TRT stream, which has no such list requirement.
- Age: Must be under 45 years of age at the time of application. There are very limited exemptions for DE — the age requirement is stricter than TRT.
- Work experience: At least 3 years of relevant post-qualification work experience in the nominated occupation (or a closely related occupation) is typically required.
- English language: Same Competent English requirement as TRT.
- Health and character: Standard Australian requirements apply.
TRT vs Direct Entry: Side-by-Side Comparison
| Feature | TRT Stream | Direct Entry Stream |
|---|---|---|
| Prior 482 visa required? | Yes — with nominating employer | No |
| Minimum employment history | 2 years with nominating employer | 3 years relevant experience (anywhere) |
| Skills assessment | Not required | Required (positive assessment) |
| Occupation list | Not required at 186 stage | Must be on relevant list |
| Age limit | Under 50 | Under 45 |
| Typical processing driver | Quality of employer evidence | Skills assessment timing |
4. Employer Nomination Requirements
The 186 visa is a two-stage process: the employer lodges a nomination first, and the worker then lodges (or has already lodged) the visa application. The nomination and visa application can be lodged concurrently, but the nomination must be approved before the visa can be granted.
Who Can Nominate?
The nominating employer must be an approved Standard Business Sponsor (SBS) or be applying for SBS approval at the time of nomination. In practice, most employers who have already sponsored a worker on a 482 visa will already hold SBS approval — the 186 TRT nomination can proceed on the existing SBS approval.
Nomination Criteria
- Lawful business: The employer must be lawfully operating in Australia. This is verified at the nomination stage through ABN, ASIC, and related business records.
- Genuine position: The nominated position must be a genuine, full-time role that exists within the business. The Department assesses whether the position is real and whether the duties match the nominated ANZSCO occupation.
- No adverse information: Employers with a history of sponsorship non-compliance may face additional scrutiny. Outstanding SAF levy debts from prior 482 nominations will block a 186 nomination.
- Nomination fee: The employer must pay the nomination application charge of AUD $330 at lodgement.
- SAF levy (Training Levy): The Skilling Australians Fund (SAF) levy applies to 186 nominations. The levy is calculated at 1% of the annual salary for the nominated position, with a minimum of $1,200 per year. For a 2-year commitment, the minimum levy is $2,400. This levy is paid at nomination and is the employer's obligation — it cannot be passed to the worker.
5. Salary Requirements: TSMIT and AMSR Explained
From 1 July 2024, the salary requirements for employer-sponsored visas — including the 186 — were updated. The nominated salary must be the higher of:
- The Temporary Skilled Migration Income Threshold (TSMIT) — currently AUD $70,000 per year (base figure; note: the TSMIT was $73,150 from 1 July 2026 for 482 nominations, but the 186 requirement is assessed against the applicable TSMIT at time of nomination), and
- The Annual Market Salary Rate (AMSR) — what an equivalent Australian employee performing the same duties in the same location would be paid.
The AMSR requirement means that an employer cannot use the TSMIT as a default salary floor if the market rate for the occupation is higher. For example, if the AMSR for a registered nurse in Sydney is $90,000, the nominated salary must be at least $90,000 — not $70,000.
How AMSR Is Determined
The AMSR is assessed by reference to:
- Applicable modern awards and enterprise agreements for the industry and occupation
- Market salary survey data from recognised sources (e.g., Seek, Hays, industry associations)
- Internal pay rates for comparable employees performing equivalent duties within the same business
Where the employer's nominated salary is challenged by the Department on AMSR grounds, the employer must provide evidence demonstrating that the nominated salary reflects market rates. This evidence should be prepared in advance and included with the nomination package.
| Salary Threshold | Amount | Notes |
|---|---|---|
| TSMIT (current) | AUD $70,000 | Minimum floor — employer must pay higher of TSMIT or AMSR |
| AMSR | Occupation and location specific | Must be evidenced with market data |
| Nominated salary | Higher of TSMIT or AMSR | Cannot be reduced after nomination |
6. Processing Times and Government Fees
Government Fees
| Charge | Amount | Who Pays |
|---|---|---|
| Nomination application charge | AUD $330 | Employer (cannot be passed to worker) |
| SAF levy (minimum) | $1,200 per year of nomination | Employer (cannot be passed to worker) |
| Visa application charge — primary applicant | AUD $4,770 | Applicant or employer |
| Visa application charge — secondary adult | AUD $2,385 | Applicant or employer |
| Visa application charge — secondary child | AUD $1,195 | Applicant or employer |
Note that the nomination charge and SAF levy are the employer's obligations under the Migration Act. Agreements that seek to recoup these costs from the worker are unlawful. The visa application charge is typically paid by the worker but may be covered by the employer as a benefit — this is an employment negotiation matter, not a migration compliance issue.
Processing Times
The Department of Home Affairs publishes 75th percentile processing times for the 186 visa. As at April 2026:
- Overall 186 (all streams): 6–14 months at the 75th percentile.
- TRT stream: Applications with complete employer evidence packages — payroll, contracts, position descriptions, statutory declarations — tend to process toward the lower end. The most common processing delays in TRT are requests for further information (RFIs) where employer evidence is incomplete or inconsistent.
- Direct Entry stream: Processing times are highly dependent on when the skills assessment is obtained. Where a skills assessment has already been received before nomination lodgement, DE applications with complete documentation can process in the 6–9 month range. Where skills assessment delays push out the overall timeline, DE applications frequently sit at 12–14 months or beyond.
7. Including Family Members
The 186 visa allows a partner (spouse or de facto) and dependent children to be included as secondary applicants on the same application. This is one of the most significant advantages of the 186 over provisional visa pathways — the entire family receives permanent residence simultaneously.
Secondary Applicant Requirements
- No age requirement: Secondary applicants do not need to meet the age limit that applies to the primary applicant. A primary applicant aged 49 can include a partner of any age.
- No skills requirement: Secondary applicants do not need a skills assessment and their occupation is irrelevant to the visa decision.
- Health and character: All secondary applicants must meet standard health and character requirements. Children under 16 at the time of application are typically exempt from character requirements.
- Relationship evidence: De facto partnerships must be evidenced with documentation of a genuine, continuing relationship. Evidence should span at least 12 months where possible.
Adding Family Members Later
If a secondary applicant is not included at the time of the initial application, they can be added prior to visa grant. After the 186 is granted, a secondary applicant who was not included in the original application would need to apply for their own permanent residence through a different pathway (typically a partner visa). It is always preferable to include all eligible family members in the original 186 application.
8. Life After 186: What Changes with Permanent Residence
The Subclass 186 grant fundamentally changes the holder's legal status in Australia. Understanding what changes — and what stays the same — is important for planning.
Employment Freedoms
The 482 visa ties the holder to their sponsoring employer. From the moment the 186 is granted, this restriction disappears entirely. A 186 visa holder can:
- Work for any employer, in any occupation, anywhere in Australia
- Change jobs without any notification requirement to the Department
- Start their own business
- Take unpaid leave or career breaks without visa consequences
Travel
The 186 visa includes a 5-year travel facility from the date of grant. During this period, the holder can travel in and out of Australia freely. After 5 years, a Resident Return Visa (RRV) is required to re-enter as a permanent resident (if citizenship has not been obtained).
Pathway to Citizenship
Australian citizenship by conferral requires 4 years of lawful residence in Australia, including at least 1 year as a permanent resident immediately before the citizenship application. For a worker who held a 482 for 2 years and then received a 186, the 3 years of prior temporary residence count toward the 4-year total — meaning citizenship may be accessible within 1 year of the 186 grant in many cases.
Medicare and Social Benefits
186 holders are immediately eligible for Medicare. Certain social security entitlements require a 2-year waiting period from the date of permanent residence grant.
9. Common Reasons for Refusal and How to Avoid Them
The most frequent causes of 186 refusal fall into predictable categories. Understanding them in advance allows applicants and employers to prepare applications that address these risks proactively.
TRT Stream Refusals
- Employment period not satisfied: The nomination was lodged before the worker had completed 2 full years of employment with the nominating employer. Always verify the exact start date and calculate the 2-year anniversary before lodging the nomination.
- Duties don't match ANZSCO: The worker's actual duties during the qualifying period didn't match the duties specified in the ANZSCO unit group for the nominated occupation. Position descriptions and statutory declarations must be ANZSCO-aligned, not just job title-aligned.
- Employment gaps: Unpaid leave, parental leave, or periods of part-time work during the qualifying 2-year period may be argued by the Department as breaking the continuity of employment. Gaps should be documented with employer evidence confirming the ongoing employment relationship.
- Corporate restructure undocumented: The nominating employer changed its ABN, structure, or corporate identity during the qualifying period, and the continuity of the employer-employee relationship was not documented. Corporate succession evidence must accompany the nomination.
Direct Entry Stream Refusals
- Negative skills assessment: The assessing authority assessed the applicant's qualifications or experience as insufficient for the nominated occupation. DE applicants should obtain the skills assessment before lodging the nomination and ensure the assessing authority's outcome is unambiguous.
- Occupation not on list: The nominated occupation was removed from the relevant list between assessment and nomination lodgement. Occupation list currency must be verified at the exact time of nomination lodgement.
- Age at time of application: The applicant turned 45 between nomination lodgement and visa application lodgement. DE applicants should ensure the visa application is lodged before the 45th birthday, not just the nomination.
Both Streams
- Salary below TSMIT or AMSR: The nominated salary did not meet one or both thresholds. Prepare AMSR evidence alongside the nomination.
- English language test expired: The test result was more than 3 years old at the time of decision (some tests have validity periods). Check the validity of English evidence before lodging.
- Health or character issues: Undisclosed criminal history, health conditions requiring significant ongoing treatment, or discrepancies in declaration of travel history. Full disclosure and early medical examinations reduce the risk of delays.