Employer Nomination Scheme Class EN Subclass 186 (Labour Agreement stream) or Subclass 186 ENS LA visa: Who And When To Apply
The Subclass 186 ENS LA visa is for those who are currently holding a Class UC Subclass 457 or a TSS Class SP Subclass 482 visa under the labour agreement stream. If your Subclass 457 or Subclass 482 visa is not granted under a labour agreement, you may still be able to apply for Employer Nomination Scheme Subclass 186 under the Temporary Residence Transition stream (click here to learn more about Subclass 186 ENS TRT visa).
Your current employer must nominate you for the same position that you were nominated for your Class UC Subclass 457 or Class SP Subclass 482 visa. And they must offer you further employment in the same position with employment terms and conditions not less favourable than any other Australian employees performing the same or equivalent work at the same location.
Training Contribution Charge
To submit a Subclass 186 Nomination application, your sponsor must also make a training contribution or the Skilling Australians Fund (or SAF) levy. There is no exemptions from the SAF levy unless the Subclass 186 Nomination application is for a Minister of Religion or Religious Assistants.
The SAF levy payable is:
- annual business turnover is less than $10m – $3,000
- annual business turnover is more than $10m – $5,000
Is there an age limitation?
Usually the cut-off age for Employer Nomination Scheme Subclass 186 visa is 45. However, this limitation may be waived if the labour agreement entered by your employer and the Department of Immigration (Department of Home Affairs) provide for employment beyond 45.
Do I need English?
You must have English language skills approved under the labour agreement for your Subclass 457 or Subclass 482 visa that are suitable for you to perform your occupation to which the position is related. Generally, when you engage the permanent residency pathway and apply for Subclass 186 ENS LA visa, you may not be required to demonstrate your English proficiency as you would have already provided at the time of your Subclass 457 or Subclass 482 visa application.
However, if you are including over 18 family members who does not have functional English, that is, obtaining at least 4.5 in each of the 4 component in an IELTS test, in your visa application, they would be required to pay a second visa application charge or fee of $4,890 each.
When can I apply?
Before you can convert your temporary Subclass 457 or Subclass 482 visa to a permanent Subclass 186 ENS LA visa, you must have worked full-time in the occupation to which the position relates or a related field for at least 35 hours per week for 3 years unless it is reasonable for the Department of Immigration (Department of Home Affairs) to disregard this requirement or if it allowed in the labour agreement.
Do I need my skills assessed?
Normally you are not required to provide a positive skills assessment as you may have already provided when you applied for your Subclass 457 or Subclass 482 visa. However, the Department of Immigration may use their discretion to request that you provide a positive skills assessment. In addition, if your occupation requires you to be licensed or registered, then this requirement cannot be waived.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if you are eligible to apply for Employer Nomination Scheme Class EN Subclass 186 Labour Agreement stream visa (click here to find out how an immigration lawyer or registered migration agent can help you). Or click here to learn more about ENS Subclass 186 visa in the Labour Agreement stream. You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
