Employer Nomination Scheme (ENS) – Subclass 186 Visa

 

The Subclass 186 Employer Nomination Scheme visa is a permanent residency visa that requires the sponsorship of a nominating employer.

There are two separate pathways or streams for the 186 visa. You can satisfy the requirements of either stream before applying for the 186 visa. The streams are called the Direct Entry stream, and the Temporary Residence Transition stream.

 

Main eligibility requirements for 186 visa

 

In order to obtain a 186 visa, the visa applicant and the employer will need to satisfy a number of requirements, including the following key requirements:

  • Employer will need to satisfy the ‘training benchmark’ requirement, which generally means that it will need to provide training to its Australian citizen and permanent resident employees
  • If the visa applicant is applying under the Temporary Residence Transition stream, then the applicant needs to complete 2 years of full-time work as a 457 visa holder
  • If the visa applicant is applying under the Direct Entry stream, then generally speaking the visa applicant will need to obtain a positive skill assessment for the nominated occupation and have 3 years of relevant work experience
  • Visa applicant needs to make the commitment to work in the nominated role for a period of at least 2 years from the date that permanent residency is granted. The employer will also need to make the commitment to ensure that the role available to the visa applicant for that period
  • The role that the visa applicant is nominated to perform needs to align with an eligible occupation on the Consolidated Sponsored Occupation List
  • Visa applicant must satisfy the English requirement for this visa, or one of the available exemptions
  • Visa applicant’s salary must be consistent with the ‘Australian market rate’ for the nominated role

Please note that the above listed requirements are not the only requirements that the visa applicant and the employer/sponsor need to satisfy in order to obtain a 186 visa. The above does outline the key requirements.

 

 

Commitment that you make as a Subclass 186 visa applicant

 

In the visa application form, as the applicant, you are required to declare that you:

  1. Agree to work in the nominated position for at least two years
  2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the permanent residency visa is approved.

 

Common eligibility requirements

 

All 186 visa applicants need to satisfy the following common requirements:

  • You can apply for this visa if you hold a substantive visa, or a bridging visa A, B or C. If you hold a bridging visa, you won’t need to address Schedule 3
  • Age requirement
  • Equivalent terms and conditions of employment

 

Age requirement

 

You need to be under 50 years of age at the time that you lodge your application. There are only a few allowed exceptions to this requirement for those applicants that are 50 years of age or over which are outlined below:

  1. Ministers of religion nominated by a religious institution
  2. Researchers, scientists and technical specialists at ANZSCO skill levels 1 or 2 who have been nominated by an Australian government agency
  3. Senior academics employed by a university in Australia
  4. Persons holding subclass 457 visas, who have a) worked for their nominating employer for at least the 4 year period preceding the visa application and b) been paid at least the Fair Work High Income Threshold for each of these 4 years (this pathway is only available through the Temporary Residence Transition stream)

 

Equivalent terms and conditions of employment

 

Your sponsoring employer needs to demonstrate that the terms and conditions of your employment are no less favourable than the terms and conditions of employment that would be provided to an ‘equivalent Australian citizen or permanent resident’ (known as the ‘market rate’ requirement). This can be shown by providing a contract of an Australian citizen or permanent resident that is working in the same position and location as the role that you are nominated to perform for the purposes of the visa application.

Your employer may not have an Australian citizen or permanent resident that works as an employee in the same role and location as your nominated role.

If this is the case, then your employer can provide evidence of what the Australian market salary rate is for your nominated role and show that your salary is at least equal to the market rate. This is generally demonstrated by providing Australian market salary survey data. This data needs to be relevant to the nominated role and the location where you will be working (i.e. market salary data, such as Hays Salary Guides, will usually give specific data for various capital cities around Australia).

 

Temporary Residence Transition (TRT) stream

 

To apply under the Temporary Residence Transition stream, you need to complete two years of employment with the employer that sponsored you for your 457 visa.

Employment with a different 457 visa sponsor can’t be counted towards the two years. Employment while holding a different visa can’t count towards the two years.

You need to have been working in the role that you will be sponsored for under the Subclass 186 visa application for at least 2 out of the last 3 years (excluding periods of unpaid leave). This also means that employment completed in a different role cannot be counted, even if you performed this role with the same sponsor.

 

English language requirement – TRT stream

 

You need to have ‘vocational’ English language ability which is satisfied if any of the following applies to you:

  • If you hold a passport from the United Kingdom, the United States, Canada, Ireland or New Zealand; or
  • The English examination scores that you need to achieve for Vocational English are as follows:
Listening Reading Writing Speaking
IELTS 5 5 5 5
TOEFL iBT 4 4 14 14
PTE Academic 36 36 36 36
OET B B B B

 

You are exempted from having to satisfy the English language requirement if:

  • You are a Minister of Religion nominated by a religious institution, or
  • Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum), or
  • If you have completed at least 5 years of full-time study in a secondary and/or higher education institution where all the tuition was delivered in English

 

Direct Entry (DE) stream

 

Generally speaking, you need to apply for and obtain a positive skill assessment for your nominated occupation from the relevant skill assessment body. You must have your positive skill assessment outcome at the time of lodgement of your visa application.

If you are not sure about which skill assessment body is applicable for your occupation, find the relevant ANZSCO on the Consolidated Sponsored Occupation List. This list states the relevant skill assessment body for each sponsorable occupation.

You are exempt from having to complete a skill assessment if your guaranteed annual salary falls within the highest Australian income tax bracket (currently $180,001).

You are also exempt from having to complete a skill assessment if you are a Subclass 444 (New Zealand citizens) or Subclass 461 visa holder (relative of a New Zealand citizen) and you have worked in a sponsorable occupation for the same employer for at least 2 out of the last 3 years (excluding periods of unpaid leave).

 

English language requirement – DE Stream

 

The English language requirements for the Direct Entry and Temporary Residence Transition streams are different.

You need to have ‘competent’ English language ability which is satisfied if:

  • If you hold a passport from the United Kingdom, the United States, Canada, Ireland or New Zealand; or
  • The English examination scores that you need to achieve for Competent English are as follows:
Listening Reading Writing Speaking
IELTS 6 6 6 6
TOEFL iBT 12 13 21 18
PTE Academic 50 50 50 50
OET B B B B

 

You are exempted from having to satisfy the English language requirement if:

  • You are a Minister of Religion nominated by a religious institution, or
  • Your guaranteed annual earnings for your nominated position is at least equivalent to the highest current Australian individual income tax rate (currently $180,001 per annum)

 

.

Dependents who are over 18 – Functional English language ability

 

This applies for both the DE and TRT streams.

All adult dependents who are over 18 years of age will need to demonstrate ‘functional’ English language ability. This can be demonstrated in a number of ways:

  1. Achieve English examination results outlined below; or
  2. Complete all years of primary education and at least 3 years of secondary education at educational institutions in which all instruction was conducted in English; or
  3. Complete at least 5 years of secondary education at institutions in which all instruction was conducted in English; or
  4. Complete in Australia at least 1 year of full-time study or equivalent part-time study towards a degree, higher degree, diploma, or associate diploma at an institution or institutions where all the instruction was conducted in English; or
  5. Hold an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full-time study or training; and all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English.

Required Scores to establish Functional English are as follows:

Test component Average test score
IELTS 4.5
TOEFL iBT 32
PTE Academic 30

 

 

The application process

 

You can only lodge an application using the Department’s online portal.

You can only prepare the online visa application form once your nominating employer has at least started to prepare the nomination application for your role (which is also prepared using the online portal). This is because you need the nomination application TRN which will be issued to your employer once they have started to prepare the nomination application.

You can lodge your visa application while you are inside or outside of Australia (but you won’t be granted a Bridging Visa A that is associated with your Subclass 186 visa application if you are outside of Australia at the time of lodgement).

After you have lodged the application, you upload the supporting documents electronically. As part of the initial application, you do not need to submit any actual paper work or forms. It is all online.

In my experience with NSW applications, normal processing time is 3-8 months.

 

How much does this visa cost?

 

The below is just a list of the relevant government lodgement fees:

  • 186 nomination application: $540
  • Base application fee: $3520
  • Additional applicant charge for each additional adult that is 18 years and over: $1760
  • Additional applicant charge for each additional adult that is 18 years or under: 880

 

Secondary visa application charge (SVAC)

 

This needs to be paid if anyone in your application who does not satisfy the English language requirement that applies to them. However, as the primary applicant, you need to meet the English language requirement. If you do not meet the English language requirement – then one of the exemptions outlined above must apply to you. If one of the exemptions apply to you as the primary applicant, then you need to pay the SVAC if you also do not have ‘functional’ English language ability.

This fee is paid at the time of decision so your case officer will contact you at the time that the payment is required.

As the primary applicant, if you don’t have functional English language ability, then the SVAC is $8,520. For other adult dependents that can’t demonstrate functional English, the SVAC is $4,520.

.

Frequently asked questions

 

  1. Q: For the TRT stream, can I count work that I completed under another visa like 485 and student visa?
    A: No
  2. Q: For the TRT stream, can I count work completed with a different employer?
    A: No
  3. Q: For the TRT stream, can I lodge my application before I complete 2 years of full-time work if I am close to completing 2 years?
    A: No – you must satisfy the 2 year requirement at the time of application

 

How we can help

 

Please Contact Us if you require our assistance.

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  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

 

* Subject to completion of assessment, and confirmation that we can assist with the application.

508 thoughts on “Employer Nomination Scheme (ENS) – Subclass 186 Visa

  1. Adolfo Gordon

    Hello again Pen
    I cant locate my question from last friday.
    Im in a 457 visa going to 186. I Dont have issues with English but my soon to be wife has these results in Ielts
    Writing and listening 4.5 score.
    Speaking and reading 4.0 score getting and average score of 4.5
    Is that enough for the application?
    Hope to hear from you soon
    Have a good one

    Reply
  2. Anton

    Hi My name is Anton, im holding 457 visa(in the occupation of a Cook)! 5th March i had completed 2 years !
    Now im thinking to apply for 186.
    However, i have been nominated (in the occupation of a Chef) in November 2016 for for same employee
    Is that mean i need to work for two more years till i can apply for my 186 visa!

    King Regards

    Reply
    1. Peng Cheng Post author

      Hi Anton,
      Unfortunately yes I think so.
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options..
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  3. Tom

    Hello Peng,

    I have more than 4 years work experience working as a Software Engineer (1 year and 2 months in Argentina and 3 years in Australia).
    I’m doing the skill assessment now. The ACS will count 2 years of that time as “preparation” for the Skill Level Requirement Met Date. Which means that I currently only have 2 years and 2 months of work under the skilled level.
    Is this enough for the 186 Direct Entry Stream? (because in total I worked over 4 years in my area)

    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Tom,
      Those deduct years may only apply to general skilled migration points test.
      We would need to complete an assessment before we can advise in relation to your visa options.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  4. Pilar

    Hi Peng,

    I am currently in a Student Visa and my boyfriend in a 457 visa. He is going to apply for 186 next month and I am going to join in his Visa. My question is, While I am in BVA , I need to apply for BVB to go overseas, as I’m planning to back home and visit my family. Do you know how long can I have BVB for? is that something that depend only on them? and also, I will know that detail just by the time they granted my BVB, or is something general for everybody?

    Thank you in advance.

    Regards,

    Pilar

    Reply
    1. Peng Cheng Post author

      Hi Pilar,
      Yes BVB validity period is up to your case officer.
      Generally speaking your travel facility will expire a few weeks after the travel dates that you specify in the Department’s online form.
      PC

      Reply
  5. Julia

    Hi Peng,

    My name is Julia. I’m about to apply for 186 through TRT stream. I’ve checked the immi website, but wasn’t sure. If i’m applying under the TRT stream and we have other Australians working for him, does that mean he doesn’t need to provide an audited balance sheet?
    Thank you for your help,
    Julia

    Reply
    1. Peng Cheng Post author

      Hi Juila,
      DIBP’s standard checklists:
      https://www.border.gov.au/Trav/Visa-1/186-/Employer-Nomination-Scheme-(subclass-186)-employer-document-checklist
      http://www.border.gov.au/Trav/Visa-1/186-/Employer-Nomination-Scheme-(subclass-186)-applicant-document-checklist

      I’m sorry but we would need to complete an assessment before we confirm the documents that are required.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need assistance.
      PC

      Reply
  6. Juan

    Thanks for your answer.

    Please allow me to give another try and re-write my question more clearly:

    One of the requirements for the ENS 186 DE stream visa applicant specifies the applicant needs a satisfactory skills assessment from an Australian assessing authority which is specified for the nominated occupation and have at least 3 years of post-qualification work experience in the nominated occupation.

    Taking into account that the ENS 186 Visa is not a Point Test based visa, will any three years of post-qualification work experience satisfy this requirement as a visa applicant for ENS 186 Direct Entry stream? Or will the Department take into account/consideration the Points Test Advice given by Vetassess, in this case, in the outcome letter of a skills assessment?

    Thank you in advance.

    Juan.

    Reply
    1. Peng Cheng Post author

      Points test advice isn’t relevant for a 186 direct entry stream application.
      You should be able to count all relevant work experience following the completion of your relevant qualification for the 3 years requirement.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  7. Juan

    Hi Peng,

    I am about to apply for the ENS 186 DE stream. I have been assessed as positive under the nominated occupation but the numbers of years assessed as positive in the letter is only 1.8 years out of the 5 yrs experience I currently have. The assessment authority used 3 yrs of employment to calculate the qualifying period required to meet the skill level of the nominated occupation. Will this impact the three year professional work experience requirement for the visa applicant under the DE stream or can I just provide the work reference letters i submitted to the assessment authority?

    Thanks for your help.

    Reply
    1. Peng Cheng Post author

      Hi Juan,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  8. Sarita

    Hi peng
    I am in 457 visa .its going to complete in 2 months … i just wondering is there any requirements that how much per year turnover must be in company .
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sarita,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
    2. frankie

      Hello Peg
      I applied last sept for an 186 trough my 457. DiPB asked for more info about training and I just wondering about the subjectS of some invoices cause they declare just “consulting ” voice. Is it enough to demonstrate training requirementS? Is it better also provide a statement where the company declare which type of training they provided to us? Can the training relate to any job positions in the company or need to be related with my position?
      Thanks so much for your time

      Reply
      1. Peng Cheng Post author

        Hi Frankie,
        Extract from Department website:
        You must meet the following training requirements:
        If your business has been trading in Australia for more than 12 months, you must show you have contributed to the training of Australians. You must meet one of two benchmarks:
        Training benchmark A: recent expenditure equal to at least 2 per cent of the payroll of the business in payments allocated to an industry training fund that operates in the same industry as the business and a commitment to maintain that level of expenditure for the term of approval as a sponsor
        Training benchmark B: recent expenditure equal to at least 1 per cent of the payroll of the business, in the provision of training to employees of the business. The expenditure must be expenditure that can count towards the benchmark.
        If your business has been operating for less than 12 months, you must demonstrate that you have an auditable plan to meet this training benchmark.

        Sorry but I can’t provide advice just based on your comment information.
        Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
        PC

        Reply
  9. Tonnilou

    Hi Peng,
    My partner was working under Visa 186 when his employer became bankrupt. He has worked 10 months into a 2 year soonsorship.
    1. Does the employer need to assist finding another sponsor?
    2. How long does my partner have to find another job?

    Thank you in advance.

    Reply
  10. Shashi

    Hi peng
    We have applied our ens on 10 may 2016, requested further documents i.e submitted on 18 December and nomination approved on 4 January .but after that no news from case officer about visa as 2 month passed . Really worried about visa . Plz reply?? Thanks

    Reply
    1. Peng Cheng Post author

      Hi Shashi,
      We are sorry but we don’t have information in relation to the Department’s internal processes so we can only provide average processing time information for standard applications. We suggest that you speak with the Department if you need specific information in relation to your application.
      PC

      Reply
  11. Peter Tham

    Hi Peng,
    Question regarding Bridging Visa:
    I am now holding sc457 (follower) expire Nov 18, and also in the process of approval for ENS 186 (lodged Dec 16). My questions are as follow:
    1. Does BVA is emerged once I paid for ENS186 visa fees? or still not, as sc457 is still valid.
    2. Can I fly in and out of Australia by using the entitlement of existing sc457 (without applying BVB), until ENS186 is approved or existing sc457 is expired.
    3. BVB is only used once I need to travel overseas and return whereby existing substantive visa (sc457) is expired. Also the new visa (ENS186) is in process of approval. Am I correct?
    Many Thanks,

    Reply
    1. Peng Cheng Post author

      Hi Peter,
      1. BVA is issued after lodging 186 visa.
      2. Yes you can use your 457 until this expires.
      3. Yes you need a BVB to travel once your 457 visa expires.
      PC

      Reply
  12. Ayu Chandrawati

    Hi Peng, my name is ayu. my husband (with me and my son) have applied 186 visa 6 months ago (we still waiting) but we still have valid 457 visa until may 2018, I just wondering can I leave australia before our 186 have been granted (without briging B or C)?? because we have plan to take holiday in our country for couple months. thanks for your help. Ayu

    Reply
  13. Rup

    Hi peng,
    I am working as a transport company manager 149413 since 3 year. I have apply 186 in august 2016 after spending 2 year on 457 visa.now my case officer want registration or licence for my nomination occupation .my case officer is saying otherwise give evidence that you dont need registration or evidence. Can you tell me which proof can i give for that. Because i dont have any licence or registration.
    Thans

    Reply
    1. Peng Cheng Post author

      Hi Rup,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  14. samual

    hi peng,

    I had applied ENS 186 visa few months ago, However bad news is today nomination got rejected due to below reason.
    Between july 2015 to june 2016 I took 3 months unpaid leave(Jan, Feb, march 2016) so my Ttl Payg shows my total Salary for only 9 months which is less than total payroll require not meeting minimum criteria.
    However, at the time of lodge visa application my total duration was 28 months with my employer with 3 months unpaid leave.
    So according to me I am correct at my place if we count payroll on pro rata base.
    Than why they have rejected?
    Now what should I do to let them know that I am correct and the reason of rejection is not valid or correct.
    please advise as I m almost there to get my PR.

    can I do something wirhout going in to MRT as I already waited 8 months.

    Reply
    1. Peng Cheng Post author

      Hi Samual,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  15. Chris

    Hi Peng,

    I’m am current in the process of applying for a 186 direct entry. I would like to include my girlfriend on this visa but I’m not sure how long you have to live together to meet the criteria?

    Thanks

    Reply
  16. sam

    Hi Peng,

    I have been working with my employer since 3 years, however during those time I took 3 months unpaid leave,
    Than after 2 years I have applied through ENS 186 and my nomination was rejected on ground that because of unpaid leave I did not match total min salary as per contract.
    Can you please tell me that , am I eligible to take unpaid leave for 3 months? If that 3 months paid subtract from total annual salary than obvious it wont match with total amount. technically that years I worked only 9 months so its obvious for that calender year my salary was only for 9 months.
    How can nomination got rejected on that ground ?
    please advise.

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  17. Anna

    Dear Peng
    It is so nice of you to help us in this website.
    you are such a great people.
    I have a question for 186 visa, it’s regarding my Skill Assessment Result.
    I got the result last week, it is positive, but the point test is only 2.3 years.
    My actual working experience is 8 years, but my degree and work is highly irrelevant, so it deduct many years.
    Can I still apply for 186 visa? Did immigrant department only admit the working experience by the point test result on VET skill assessment? I have all the evidence of more than 3 years woking experience by tax report, payslip, as well as employer certificate.
    I would be great appreciated if you can reply me asap.

    Anna

    Reply
    1. Peng Cheng Post author

      Hi Anna,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  18. Darren

    Morning Peng,

    My employer and myself are currently getting the ball rolling to nominate myself for ENS but we’ve discovered that the company no longer holds an active “standard business sponsorship arrangement” as it appears this wasn’t renewed after my 457 was granted a couple years ago but they’ve continued to meet their obligations as a sponsor each year in the time I’ve been sponsored.

    My question is, does the business need to hold an active SBS in order to nominate me for ENS or is it enough that they held an SBS at the time they applied for my original visa?

    Thanks for your time.

    Reply
  19. Shally

    Hi Peng ,
    My ouestion is that I completed my 2 years as manager as in restaurant with 457 visa . Now I already gave my all documents & my owner also to my consultant to lodge my file for my ENS visa . Maybe they will lodge in this week. But I heard from someone my owner sold the business. I m very scared now. If it’s true then I should be in big trouble? Can I will get my PR or not ?Pls give me advice & soulations .

    Reply
    1. Peng Cheng Post author

      Hi Shally,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  20. francesca

    Hello
    After 3 years with the same employer I lodged my 186 last August with an Immigration agent. Finally after 6 month I received some news yesterday…but bad news! They refused the nomination of the Company and consequently my application. What can I do now? I’m a desperate restaurant Manager in Sydney….
    thanks so much for your time and for your reply.
    Sincerely,

    Reply
    1. Peng Cheng Post author

      Hi Francesca,
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  21. Ali

    Hi Peng,

    Thanks for your help with our immigration questions.
    I am a 457 visa holder, have my worked for 2 years for the current employer and in the current position. First six months was on a different visa and the last 18 months on 457 visa. I have a dependent who is due to go to Uni next year. I was wondering if we can put an application forward for ENS 186 visa before 2 years on 457 is completed on the basis of special circumstances (depending going Uni)? Or can we put an application forward and while on the waiting list the 2 years of 457 visa is completed?
    Your advice with this issue will be really appreciated

    Reply
  22. Ananya Chandel

    Hi Peng

    I am about to apply 457 visa. After 2 years of working for my employer if my nominated occupation is removed from the CSOL, will I still be eligible to apply for TRT since my nominated occupation has already been approved for 457? Please help.

    Thank you
    Ana

    Reply
    1. Peng Cheng Post author

      Hi Ana,
      Under the current law, you can still apply under the TRT stream even if your occupation is later removed from CSOL.
      PC

      Reply
  23. Alt

    Dear Cheng,

    I am planning to apply to the ENS 189 visa. I have a year experience and my previous experience at home country is over 5 years. Should I wait for reaching whole two experience in Australia or can I apply it? Or must I assess my nominated occupation?

    Regards,
    Alt

    Reply
  24. Jenny

    Dear Peng Cheng,
    I have an employee on a 457 visa who has worked for us for 18 months. Due to unforeseen circumstances we can no longer offer them continued employemnt. Can they work for another employer in the same role and then after a period of time apply for 186 visa. Or if they find another 456 sponsor for the same role can the time accrued to date be transferred over?
    Jenny

    Reply
        1. Peng Cheng Post author

          Hi Kam,
          Skill assessment is required at the time that you lodge your application – you can’t use a skill assessment obtained after lodgement.
          PC

          Reply
  25. Temi

    Hi Peng,

    I lodged my TRT 186 June last year. My nomination got approved January 9th 2017 and the CO requested for form80 and vaccination certificate (only 2 documents). I uploaded on the 11th. The only feed back I have heard from the department is that my application will be considered by the next case officer. In your experience how long could this be? 2-3 months? I actually wondered if I had to wait for another 6-8 months after submitting the COs request to be considered but then wont my nomination ‘expire’?

    I apologise for the many questions….

    Reply
    1. Peng Cheng Post author

      Hi Temi,
      Nomination doesn’t expire even if the case officer takes months to make a decision.
      Usually a case officer will decide an application within 1-3 months after allocation.
      PC

      Reply
  26. A

    Hi PC,

    Does the nominated skill play a role for approval of a 186 DE nomination and visa? For e.g.: is there a co-relation of priority/timely processing of an applicant whose skill is on SOL vis-a-vis an applicant whose skill is on CSOL, considering other parameters of the two applicant are same.

    Regards,
    A

    Reply
  27. Shazia

    Hi Peng,
    For TRT STREAM we lodged the aplication in April 2016. in December the visa officer asked to submit the overseas educational documents of secondary applicant ( dependant) As she has done Masters in biochemistry. It is now almost 2 months we have submitted the documents. Is there any other department who checks or gets verification of the documents. Do you have any idea how much time it could take

    Reply
    1. Peng Cheng Post author

      Hi Shazia,
      We are sorry but we don’t have information in relation to the Department’s internal processes so we can only provide average processing time information for standard applications. We suggest that you speak with the Department if you need specific information in relation to your application.
      PC

      Reply
    2. Temi

      Hi Shazia,

      I am assuming your nomination has been approved? and the educational documents were the only requested additional documents?

      Reply
  28. Will

    Hi there,
    I have been in Australia for 7 years and I am currently on a 457 visa with a company. However I have received an offer from another company which is willing to lodge a permanent residency nomination through the direct entry stream path.
    If we both meet the requirements, Am I eligible to apply for 186 visa with the new company?
    Do I need to leave the country?
    Looking forward to a response!
    Thanks for your time
    Will

    Reply
    1. Peng Cheng Post author

      Hi Will,
      You can but you can’t work for them if they don’t sponsor your current 457 visa – you can only work for your approved sponsor while you hold this 457 visa.
      PC

      Reply
  29. Arvibd

    Hi Peng,
    can i give IELTS once a CO has been allocated for a 186 TRT visa ? My ielts had just expired when i lodged the final visa application and i realised that only after.

    Reply
    1. Kevin

      Hi Peng,

      I’m writting to ask whether I can enter Austrilia before The Austrilia Immigtion approvals my 186 visa appilication. I’m an offshore class 186 applicant and have already lodged my visa application. My employer in Austrilia has already got the approval for my position’s nomination. I wonder whether there’re any ways which I can enter Austrailia and wait for 186 visa. I would be appreciate it to your prompt reply.

      Yours Kevin

      Reply
  30. ARek

    Hi Peng.

    Thank you for your forum. Amazing thing, can learn a lot!

    However , after reading few of your articles I still can’t find question and answer.
    So my question is:
    Is is posible for owner of ENS 186 to open buisness ? In scenario when I still work for my sponsor , and in scenario where I simple quit his hell job and go do something on my own.
    I can’t find anything about that.

    Thank you in advance !

    Cheers
    A.L.

    Reply
  31. harry

    Hi guys I have a question regarding needs experience in 186 (ENS) visa. Is they need exactly 3 year work experience.and if someone is student and he just allow to work 20 hours a week and he just need to show 20 hours work experience of year or they want full time like 40 hours a week.because students has got only 20 hours full time according to their visa conditions.
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Harry,
      Relevant part-time experience is counted on a pro-rata basis, so 12 months of PT experience is equivalent to 6 months of FT experience.
      PC

      Reply
  32. Temi

    Hi Peng,

    Once I have a CO allocated to my ens 186 how long does actual processing take IF the department does not as for further documents? 2 days? 1 -2 months?

    Reply
    1. Peng Cheng Post author

      Hi Temi,
      There isn’t any set processing time, but it usually takes the case officer around 4-6 weeks to make a decision.
      PC

      Reply
  33. sam

    HI peng,

    May I know DIBP is processing which month for 186 visa?
    I have lodge my 186 vis aon 7th july, when should I expect out come? I know its 6-8 months,but like to know current status which months they are processing now a days?

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Average processing time is around 6-8 months: https://www.border.gov.au/Lega/Lega/8
      We are sorry but we don’t have information in relation to the Department’s internal processes so we can only provide average processing time information for standard applications. We suggest that you speak with the Department if you need specific information in relation to your application.
      PC

      Reply
  34. folake

    Hi Peng,

    I am getting worried . I applied for ENS 186 June 2016 via migration agent. Frontloaded our medicals before application in April 2016. Advertised processing times are 6 months for 75% application by the department for ENS, and I understand ENS is on the priority list. Its 6 months now and I haven’t heard a word from the department or a request for further documentation.
    We tried to supply all documents at submission. Since our application is now just past 6 months does this imply the department is carrying out further checks on us or are we simply the unlucky 25% left. The maximum processing time for ENS 186 I have heard is 8 months are there any scenarios in which we can exceed 8 months processing time?

    Thank you,

    Reply
    1. Peng Cheng Post author

      Hi Folake,
      Yes processing times can exceed 8 months.
      There isn’t any set processing time – DIBP’s general response is that it will take the time necessary to assess all the legal requirements if you call them.
      PC

      Reply
  35. Lei

    Hi Peng,

    Good day!
    I’m currently on a 457 visa for less than a year and when my profession is back on CSOL , i had an assessment and the result is positive and is ok for PR application. Can i lodge a direct stream visa from 457 visa? My employer is willing to nominate me for direct stream visa.
    Looking forward for your feedback. Thank you.

    Regards,
    Lei

    Reply
  36. Tuck

    Hi Peng,

    Happy new year!

    We will send out our application for 186 soon, do we need to upload all my payslips (there are many, one fortnightly over the past two years), or the annual tax summary be sufficient? thanks!

    Best wishes,
    Tuck

    Reply
  37. Pam

    Hi Peng , I hope u can help me , I applied my 186 after 457 completed 2 years on 22 feb 2016 and co asked further documents on 29 august provided all within 1 week after didn’t hear anything pls help me what I do why it’s too delay thsnx really appreciate

    Reply
    1. Peng Cheng Post author

      Hi Pam,
      We are sorry but we don’t have information in relation to the Department’s internal processes so we can only provide average processing time information for standard applications. We suggest that you speak with the Department if you need specific information in relation to your application.
      PC

      Reply
  38. Zi

    Dear Peng Cheng,

    Wish you a happy New Year!

    I had included my mother in my Employer Nomination (subclass 186) application as “dependent family member” who is “NOT migrating” with me. Then my mother was asked to undergo medical examination and provide police clearance check (I don’t know understand why she need to provides these because she is not migrating with me).
    My question is: If my visa 186 is granted, can my mother come to live with me in Australia? ( She is listed as “dependent family member” in my 186 visa although she is “NOT migrating” with me. )

    Many thanks for your help.

    Reply
    1. Peng Cheng Post author

      Hi Zi,
      Happy new year!
      The Department won’t grant her a 186 visa if she isn’t included in the visa application, even if she has completed the health and character requirements.
      PC

      Reply
  39. darko

    hi Peng i have different question if i may ask.
    Once you have 457 visa and you work 2 years for same employer and you lodge aplication fir 186 and let assume it is aproved. Do you have to keep working for same employer for another period of time or you can simply leave as a permanent resident?

    Reply

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