Employer Nomination Scheme visa (subclass 186) · Work and skilled visas · Stream of Employer Nomination Scheme visa
Direct Entry stream
Permanent residence for skilled workers nominated by an Australian employer through Direct Entry, Temporary Residence Transition or a Labour Agreement, subject to the relevant criteria. The transition stream requires a review of qualifying sponsored employment and the requirements for both the worker and nominating business.
This visa lets skilled workers nominated by an employer live and work in Australia permanently.
- Stay
Permanently
- Government charge
From AUD6,140.00
- Visa type
Permanent
Notice from the Department
Skilled visa income thresholds are increasing in line with changes to annual Average Weekly Ordinary Time Earnings. For more information see Annual indexation of skilled visa income thresholds from 1 July 2026.
Official information from the Department of Home Affairs
The material below reproduces English-language information from the Department of Home Affairs about this visa. Requirements may have changed since it was added to this website. Use the source link to check the latest information; I can explain relevant provisions in Vietnamese or English during a consultation.
Reading asFor Applicants
Overview
Stay
Permanently
Government charge
From AUD6,140.00
Concessions apply in limited circumstances.
Cost Concession
From 1 July 2026, a lower visa cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid visa application. See About this visa.
To see what your visa will cost use the Visa Pricing Estimator. The estimator does not consider the second instalment or other costs.
Processing times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
With this visa, you can
- live, work and study in Australia indefinitely
- sponsor eligible family members to come to Australia
- apply for Australian citizenship, if eligible.
You must
- be under 45 years old on the date you lodge your application, unless exempt
- be nominated for an occupation on the Core Skills Occupation List
- have at least 3 years relevant work experience, unless you are exempt
- have a positive skills assessment before you lodge your application, unless you are exempt
- meet minimum standards of English language proficiency
- meet health and character requirements.
Help with your visa
If you are getting help with your visa, before you pay someone, read information on Who can help you with your application.
About this visa
With this visa, you can
- stay in Australia indefinitely
- work and study in Australia
- enrol in Australia’s public health care scheme, Medicare
- sponsor eligible relatives to come to Australia
- travel to and from Australia for 5 years
- apply for Australian citizenship, if eligible.
Newly arrived residents may have to wait before they can access certain Australian Government payments and benefits.
How long you can stay
This is a permanent visa – it lets you stay in Australia indefinitely.
You become a permanent resident on the day we grant the visa.
Your permanent residency for citizenship purposes starts:
- on the day we grant the visa if you are in Australia
- on the day you enter Australia on this visa if you are outside Australia
Include family
You can:
- include family members in your application when you apply
- add family members to your application after you apply but before we decide on your visa.
For this visa, your family members are:
- your partner
- your dependent child or stepchild
- your partner's dependent child or stepchild
- the dependent child or stepchild of your or your partner's dependent child or stepchild.
You can also include a subclass 457 visa or subclass 482 visa holder if we granted them that visa as a member of your family. To meet this requirement, they must hold the eligible visa and must be included in your application when you apply.
Family members who apply for the visa with you must meet our health and character requirements.
Family members who do not apply for the visa with you may also have to meet the requirements.
Cost
The visa costs AUD6,140.00 for the main applicant. Concession apply in limited circumstances.
There is also a charge for each family member who applies for the visa with you.
To see what your visa will cost use the Visa pricing estimator. The estimator does not consider the second instalment or other costs.
Second instalment
You must pay an extra charge called a second instalment for any family member aged 18 years or older who:
- applies for the visa with you, and
- has less than Functional English.
The second instalment for family members who apply for the visa with you is AUD4,890.00.
If you need to pay the second instalment, we will send you an invoice after you have met all other requirements for the visa.
Other costs
You might also have to pay other costs for:
- health checks
- police certificates
- biometrics.
Cost concession for eligible Pacific Island and Timor-Leste visa applicants
From 1 July 2026, a lower visa cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid visa application.
We will charge eligible applicants the lower visa application cost during the application process in ImmiAccount. We will recognise eligible applicants by the valid passport from the specified countries used in the application when they apply.
Family members are also eligible for the lower visa cost. We base this on the passport of the primary applicant (or visa holder who satisfies the primary visa criteria).
The primary applicant must hold a valid passport issued by one of the following countries:
- Federated States of Micronesia
- Fiji
- Kiribati
- Nauru
- Palau
- Papua New Guinea
- Republic of the Marshall Islands
- Samoa
- Solomon Islands
- Timor-Leste
- Tonga
- Tuvalu
- Vanuatu.
Apply from
You can be in or outside Australia when you apply for the visa, but not in immigration clearance.
If you are applying in Australia, you must hold a:
- substantive visa or
- Bridging visa A, Bridging visa B or Bridging visa C.
You can be in or outside Australia when we decide on your application.
Processing times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
Your application can take longer to process if:
- you do not fill it in correctly
- you do not include all the documents we need or we need more information from you
- it takes us time to verify your information
Applications lodged with all necessary supporting documents (‘complete applications’) can generally be processed more quickly.
Your obligations
You and your family members must obey all Australian laws.
We expect that you will work for your nominating employer for at least 2 years if your visa is granted.
You agree to begin your employment within 6 months of:
- entry to Australia if you were granted the visa outside Australia
- the visa grant date if you were granted the visa in Australia
Travel
From the date we grant this visa, you can travel to and from Australia for up to 5 years.
After that period, you will need a Resident Return (RRV) visa to re-enter Australia as a permanent resident.
If you leave Australia after the expiry date of your travel facility, without being granted another permanent visa with a valid travel facility, for example a Resident Return (RRV), you might not be able to return to Australia as a permanent resident.
To see when your travel condition ends, use VEVO.
Visa label
Australian visas are digital. You will not get a label in your passport.
Eligibility
Have an eligible occupation
Your occupation must be on the Core Skills Occupation List (CSOL).
Have relevant work experience
Unless exempt, most applicants need to have at least 3 years relevant work experience in their occupation.
Applicants who are exempt from the skills assessment requirement are also exempt from the work experience requirement.
Licensing, registration or membership
You must be licensed, registered or a member of a professional body if it is mandatory in the state or territory you intend to work in.
Have a positive skills assessment
Most applicants need to have a skills assessment that shows they have the skills to work in the nominated position. Learn more about skills assessments.
Exemption
You are exempt from having a skills assessment if you:
- have been nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia, or
- have been nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, or
- currently hold a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years prior to the date you applied for the visa
Be nominated
You must be nominated by an Australian employer whose business is actively and lawfully operating.
You must apply for the visa within 6 months of the nomination being approved.
We can't grant you a visa if:
- we are aware of adverse information about your nominator or any person associated with them, unless it is reasonable to disregard this information, or
- the nomination is withdrawn, or
- the position is no longer available
You might be eligible for a refund of the visa application charge depending on the circumstances.
Be this age
Usually, you must be under 45 years of age when you apply.
You are exempt from this criteria if any of the following applies to you:
- you are nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
- you are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by a Federal, State or Territory government science agency, or an Australian university
- you currently hold a Special Category (subclass 444) or New Zealand citizen's family member (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years immediately before you apply. The 2 years excludes periods of unpaid leave.
Meet our health requirement
You and any family members who apply for the visa with you must meet our health requirement. We might ask for health information about family not coming to Australia with you.
Meet our character requirement
You and family members aged 16 years and over who apply for the visa with you must meet our character requirement. We might ask for character information about family not coming to Australia with you.
Sign the Australian values statement
If you are 18 years of age or older, you must:
- have read, or had explained to you, the Life in Australia booklet and
- sign an Australian Values Statement that confirms you will respect the Australian way of life and obey Australian laws.
Have this level of English language
You must have at least competent English to be granted this stream of the visa.
Any dependent applicant who was aged at least 18 years on the day you make your application should provide evidence they have at least functional English.
If you can't show that they have functional English, you will need to pay the second instalment of the visa application charge when we ask you to.
Have paid back your debt to the Australian government
If you owe the Australian Government money, you must have paid it back or have a formal arrangement to pay it back.
Not have had a visa cancelled or a previous application refused
We will consider your immigration history when we make a decision on your application, which means you might not be eligible for this visa if you have had a visa cancelled or refused.
In some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused see Limitations on applications in Australia.
If applying for a visa from outside Australia see Can I go to Australia.
If you want immigration assistance, see Who can help with your visa application.
Step by step
1Before you apply
Get your skills assessed
Get a skills assessment if you need to. The assessment will prove you have the right skills and qualifications to do your job.
You must have received a positive outcome for your skills assessment before you apply for your visa. It cannot have been issued more than 3 years before the date you make your application.
Occupations in the CSOL are benchmarked to the 2022 version of ANZSCO. Where occupation classifications have changed through ANZSCO updates, a skills assessment under the earlier ANZSCO classification will generally be accepted if:
- the skills assessment issued is still valid (up to three years, or less if the assessing authority specifies a shorter period),
- the assessing authority was specified for the occupation at the time of the skills assessment, and
- the nominated occupation corresponds to the historical classification of the occupation in ANZSCO.
We do not accept skills assessments obtained for a subclass 485 visa.
Organise English exams
Make sure your English test results are current for this visa. Your English test results cannot have been issued more than three years before you make your application. You must also receive your test results before you lodge your visa application. Have English exams if necessary.
Get help with your application
Only some people can help you with your application. If you appoint someone to give you immigration assistance they must be:
You can appoint anyone to receive documents on your behalf relating to your visa matter.
Get the nomination Transaction Reference Number
Make sure your employer has submitted a nomination application. They will receive a nomination Transaction Reference Number (TRN) when they do.
Ask your employer for the TRN. You need it to apply for the visa. You do not need to wait for the nomination to be approved to lodge your visa application.
Your rights and your employer's obligations
Criminal and civil penalties can be applied to anyone who asks for, receives, offers or provides a benefit in exchange for visa sponsorship. Learn more about work visa scams.
2Gather your documents
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide true information.
Identity documents
Provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates.
If you have changed your name for any reason, you must also provide evidence of this.
Documents that prove a change of name include:
- a marriage or divorce certificate
- change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
- documents that show other names you have been known by
Licencing, registration or membership
Provide evidence of any licence, registration or professional membership mandatory to perform the nominated occupation in the state or territory you intend to work in, if applicable.
If you are a doctor, provide one of these certificates issued by the Australian Health Practitioner Regulation Agency as proof of full registration:
- unconditional or general medical registration
- conditional specialist registration which allows you to practise only in your particular specialty with no further training or supervision requirements
If you are a barrister or solicitor, provide proof of admission to practise as a lawyer in the relevant state or territory.
Skills and qualifications documents
Provide either:
- documents that prove your skills and qualifications
- documents to prove you are exempt from proving your skills and qualifications
Proof of your skills and qualifications
Provide all of the following:
- a positive and valid skills assessment, if required.
- your curriculum vitae (CV) or resume
- qualifications and proof of work experience; such as employment references, if required.
Skills assessment exemption documents
If you are exempt from having a skills assessment, provide proof that:
- you have been nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia, or
- you are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by a Federal, State or Territory government science agency, or an Australian university, or
- you currently hold a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years prior to the date you applied for the visa
Age exemption documents
If you are 45 years old or older, provide documents to show you are exempt from the age eligibility criteria.
You are exempt from this criteria if any of the following apply to you:
- you are nominated as an academic (university lecturer or faculty head at Academic Level B, C D or E) by a university in Australia
- you are nominated as a scientist, researcher or technical (scientific) specialist at ANZSCO skill level 1 or 2 by a Federal, State or Territory government science agency, or an Australian university
- you currently hold a Special Category (subclass 444) or New Zealand citizen's family member (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years immediately before you apply. The 2 years excludes periods of unpaid leave.
English language documents
Provide documents that show you have Competent English.
Health documents
You do not need to provide health documents. If you have had medical exams, the results are sent to us by your doctor.
Character documents
Provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16. We only accept complete disclosure National Police Certificates issued by the Australian Federal Police. We do not accept standard disclosure certificates or national police certificates issued by Australian state or territory police. For immigration purposes, Australian police certificates are valid for 12 months from the date of issue.
Also provide:
- an overseas police certificate from every country, including your home country, where you have spent a total of 12 months or more in the last 10 years since you turned 16
- if required, penal check letters are available by contacting espd@homeaffairs.gov.au and include the words “Front end load – Penal Check Letter” in the subject line of your email.
- military service records or discharge papers if you served in the armed forces of any country
Further information is available at: Character requirements for visas
Tell us you are getting help
To nominate someone to:
- receive your correspondence, use Form 956A Appointment or withdrawal of an authorised recipient
- provide immigration assistance, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person.
Upload your written notification or your forms to ImmiAccount.
Partner documents
Provide:
- identity documents
- character documents
Provide either:
- your current marriage certificate or
- enough documents to prove your partner has been in a de facto relationship with you for at least 12 months before you apply
Documents that prove a de facto relationship include:
- joint bank account statements
- billing accounts in joint names
- joint leases or mortgages
- documents that show you have both lived at the same address
Proof of Functional English
You must show that your family member over 18 has functional English.
If you can't show that your family member has functional English, you will need to pay the second instalment when we ask you to.
Dependants under 18 documents
For every dependant under 18 years who is applying with you provide:
- identity documents (if your child is under 5 years old you can include them in the application without a passport)
- proof of their relationship with you such as a birth or marriage certificate
- character documents, if applicable.
Parental responsibility documents
You must get consent for the child to come to Australia from anyone who:
- has a legal right to decide where the child lives and
- is not coming to Australia with the child.
They must complete either:
- Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years
- a statutory declaration giving their consent for the child to visit Australia on this visa.
Include a document with the signature and photo of the person who completed the form or declaration, such as a:
- passport
- driver’s licence.
Dependants over 18 documents
For every dependant 18 years old or older who is applying with you provide:
- identity documents
- documents about other relationships, if applicable
- character documents
Proof of dependence
You need to prove that this person is a family member and/or dependent on you. Provide:
- a completed Form 47a Details of a child or other dependent family member aged 18 years or over
- proof of your relationship with the dependent such as a birth certificate or adoption papers
You must also prove this person has been financially dependent on you for at least 12 months before you apply. You could provide:
- proof they live with you
- their tax records
- proof they are currently studying
For other family members, if applicable, provide evidence the person:
- holds a subclass 457 or subclass 482 visa
- was granted that visa because they were your family member and
- is included in your application for this subclass 186 visa
Proof of Functional English
You must show that your family member has functional English.
If you can't show that your family member has functional English, you will need to pay the second instalment when we ask you to.
Translate
Have all non-English documents translated into English.
Provide original and translated documents in your application.
Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.
Translators outside Australia do not have to be accredited. But on each translation, they must include their:
- full name
- address and telephone number
- qualifications and experience in the language they are translating
These details must be in English.
Note: You do not need to have any documents certified.
Scan or photograph
Scan or photograph all documents (English and non-English) in colour.
The scans and photos must be clear.
If a document is more than one page, save it all as one file.
3Apply for the visa
Apply online in ImmiAccount
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide true information.
Apply for the visa online in ImmiAccount
- Login or create an ImmiAccount.
- Attach documents.
- Pay the application charge. We will not process your application until you pay.
- Note the Transaction Reference Number (TRN).
4After you apply
See what you can and must do after you apply.
What will happen after you apply
We will let you know when we have received your application.
Status updates
We can’t give updates on applications within the standard processing time.
You can check if we need more information from you in ImmiAccount.
Travel after you apply
If you are in Australia, you don't have to tell us if you want to travel outside Australia while we process your application. This is because you can be outside Australia when we decide on your application.
If you leave Australia, you must make sure you have a valid visa to return.
Learn about visa expiry.
Learn about Bridging visas.
Health exams
If you didn't have health examinations before you applied, we will let you know if you need them. Check ImmiAccount.
Biometrics
We might ask for biometrics (fingerprints and photo). We will let you know if you need to provide them.
Attach more information
We might ask you to provide more information. Attach any additional documents we ask you for as soon as possible in ImmiAccount.
Stay lawful
Make sure you stay lawful by holding a valid visa while we process your application.
When you apply for this visa in Australia, you are likely to be granted a bridging visa. If your current visa expires before we decide your application, the bridging visa will start. You can stay in Australia on the bridging visa while we process your new visa application.
Learn more about visa expiry.
Pay the second instalment
If you need to pay a second instalment, we will send you an invoice after you have met all other requirements for the visa.
Add family
You can add family members to your application after you apply but before we decide on your visa.
For this visa your family members are:
- your partner
- your dependent child
- your partner’s dependent child
Newborn children
Find out what to do if your child is born after you apply.
Mistakes on your application
Let us know as soon as you can if you made a mistake on your application.
Help with your application
Let us know if you no longer want someone to:
- receive your correspondence - complete Form 956A Appointment or withdrawal of an authorised recipient
- provide immigration advice - complete Form 956 Appointment of a registered migration agent, legal practitioner or exempt person.
Upload your written notification or your forms to ImmiAccount.
For more information see Who can help you with your application.
Tell us if things change
Tell us if things change after you submit your application but before we decide on your application.
Things you need to let us know about include:
- you want to withdraw your application
- changes to your phone number, address or passport
- changes to your relationship status
- the birth of a child
See what to do if your situation changes.
5Visa outcome
You can be inside or outside Australia when we decide on your visa application.
We must have approved your employer’s nomination before we can grant you this visa.
We will let you know our decision about your visa application in writing.
If we grant your visa, we will tell you:
- your visa grant number
- the date your visa starts
- your visa conditions.
Keep a copy of the decision.
If we refuse your visa, we will tell you:
- why we refused the visa
- whether you have a right to a review of the decision.
We will not refund the visa application charge if we refuse your application.
When you have this visa
Coming to Australia
Before you travel
Check your travel documents
You must have:
- a valid visa to enter Australia
- a valid passport or other travel document
At the Border
Completing an Incoming Passenger Card
All people arriving to Australia must complete an Incoming Passenger Card. You will be given this card during your flight.
Leaving the airport faster
We have an automated process that uses facial recognition technology and your ePassport. You might be able to leave the airport faster if you use SmartGate.
New Zealand passport holders
If an immigration officer processes your clearance at our border, we recommend you tell them:
- you have a permanent Australian visa
- you do not want a Special Category visa (subclass 444)
If you do not tell them, you might be granted the 444 visa. Grant of a subclass 444 visa will override your permanent visa and might affect your eligibility for Australian citizenship.
In Australia
What you can do when you have this visa
This visa lets you:
- stay in Australia indefinitely
- work and study in Australia
- enrol in Australia’s public health care scheme, Medicare
- sponsor eligible relatives to come to Australia
- travel to and from Australia for 5 years
- if eligible, become an Australian citizen
Newly arrived residents may have to wait before they can access certain Australian Government payments and benefits.
What you must do on this visa (your obligations)
You and your family members must obey all Australian laws.
You agree to begin your employment within 6 months of:
- entering Australia if we granted you the visa outside Australia
- the visa grant date if we granted you the visa in Australia
See how long you can stay
Permanently
Travelling on your visa
From the date we grant this visa, you can travel to and from Australia for up to 5 years.
After that period, you will need a Resident Return (RRV) visa to re-enter Australia as a permanent resident.
If you leave Australia after the expiry date of your travel facility, without being granted another permanent visa with a valid travel facility, for example a Resident Return (RRV), you will not be able to return to Australia as a permanent resident.
To see when your travel condition ends, use VEVO.
Proving you have a visa
To prove you have a visa and show your conditions to someone, use VEVO.
To prove you have been to Australia, request your travel records.
Working
When you work in Australia, you are protected by Australian workplace law. See your workplace rights and entitlements.
Bringing family
As an Australian permanent resident, you might be able to sponsor eligible relatives to come to Australia.
To find a visa for your relatives, explore visa options.
Becoming an Australian citizen
After a certain time, you might be eligible for Australian citizenship. Find out more about become a citizen.
For citizenship purposes, your permanent residency starts on the day:
- we grant the visa, if you were in Australia
- you entered Australia on this visa, if you were outside Australia when we granted it
Leaving Australia
Before you leave
Check your travel documents
You must have a valid passport or other travel document to leave Australia.
Ensure your visa is still valid
Check your conditions and the expiry of your Resident Return visa in VEVO.
See what you can and must do if your visa has expired or is about to expire.
At the Border
Leaving the airport faster
We have an automated process that uses facial recognition technology and your ePassport. You might be able to leave the airport faster if you use SmartGate SmartGate.
After you leave
Proving you have been to Australia
To prove you have been to Australia, request your travel records.
Reading asFor Sponsors
Overview
Stay
Permanent
Processing times
For an indication of processing times for this visa, use the visa processing time guide tool. This will show the processing times for recently decided applications. It is a guide only and not specific to your application.
With this visa the applicant can
- live, work and study in Australia indefinitely
- include their eligible family members in their application
- apply for Australian citizenship, if eligible
Things to note
- The position offered must be a skilled position that is full time and ongoing for at least 2 years
- You need to pay the Skilling Australians Fund levy when you submit your employer nomination application
About this visa
Cost to nominate
The nomination fee is AUD540.00.
You are also required to pay the Skilling Australians Fund levy.
How long nominations last
The employee you nominate must apply for their visa no more than 6 months after the nomination has been approved.
Nominators must
You must:
- employ the worker under terms and conditions that are no less than what an Australian citizen or permanent resident doing the same work in the same place would be entitled to. Terms and conditions include but are not limited to the salary for the nominated position, hours of work and leave entitlements.
- pay the worker in line with the salary requirements
- comply with Australian immigration and workplace relations law.
Eligibility
Be an eligible business
Your business must:
- have no adverse information known about it or any person associated with it, or it is reasonable to disregard this information
- actively and lawfully operate a business in Australia
- if it undertakes activities related to hiring labour to other unrelated businesses, the position must be within your business activities and not for hire to other unrelated businesses
- have a genuine need for a paid employee to fill a skilled position
- pay the Skilling Australians Fund levy when you submit your employer nomination application
- have complied with Australian immigration and workplace relations laws
Your business must also be able to:
- offer a skilled position that is full time and ongoing for at least 2 years. The nominee's employment contract must not limit the position to 2 years
- if the worker will earn less than AUD250,000 a year, pay them at least the annual market salary rate
- demonstrate the applicant is eligible for any licence, registration or membership needed at the time you submit the application
Have a skilled position
The nominated occupation must be on the Core Skills Occupation List (CSOL).
Step by step
1Before you apply
Check the applicant is eligible
Check that the applicant you want to nominate is eligible for this visa through the Direct Entry stream.
If they are not eligible we might refuse your application.
2Gather your documents
Applicant's employment contract
The contract must indicate:
- the base salary - if the worker will earn less than AUD250,000 a year, their salary must not be less than the annual market salary rate
- the total remuneration and terms and conditions of employment - these conditions must not be less favourable than the conditions that would apply to an Australian citizen or permanent resident
- that the position is full-time, ongoing and available for at least 2 years
Proof your business is actively and lawfully operating
Provide:
- relevant pages of the trust deed specifying the parties to the trust (if you are a trust or trustee of a trust)
- current lease agreement
Also provide either:
- audited balance sheet and profit and loss statement for the most recently concluded financial year with comparative figures for previous financial year, or
- business tax returns and associated tax assessment notices for the most recently concluded financial year
If the period of the financial statements or tax returns ended more than three months before you lodge your application, also provide a business activity statement (BAS) for each complete quarter from the end of the financial period to the date you lodge your application.
If your business has operated for less than 12 months, also provide:
- business activity statements (BAS) for each complete quarter from the start of operations to the time you lodge the nomination, and
- statements for the business bank account from the start of operations to the time you lodge the nomination.
Proof you have a genuine need for a paid employee
Businesses seeking to nominate overseas workers for a permanent employer sponsored visa are required to demonstrate that there is a genuine need to employ a person in the position.
Provide:
- a detailed organisational structure chart
- the name of the occupation and its ANZSCO code
- a detailed position description including specified tasks and duties of the position
Also provide these where applicable:
- evidence that the position has existed and been previously occupied but has become vacant through attrition
- evidence that the position is currently occupied by a temporary resident
- evidence of an increase in business activity (e.g. new contracts won) requiring workers in the nominated occupation
- evidence of overtime work or increase in overtime work for employees currently in the nominated occupation
- if your business is diversifying, evidence of appropriate market research, business plans detailing proposed expansion and timelines, financial budgets covering expenditure and anticipated revenue and evidence of availability of funding (such as own funds or bank loans)
Proof you will pay the annual market salary rate
If the applicant will earn less than AUD250,000 a year, prove you will pay them the annual market salary rate (AMSR) for their occupation.
Clearly identify and explain your evidence. If you provide unlabelled salary surveys or vague details on how you determined the AMSR, we might refuse your nomination.
Where there is a difference between the determined AMSR and the nominee's proposed salary, explain why.
Where a caveat applies
Caveats apply to some occupations for the subclass 186 visa. These caveats exclude the occupation from eligibility under the employer nomination scheme in some circumstances.
Where we might assess the occupation you are nominating as ineligible due to a caveat, provide evidence that indicates the position satisfies those caveats.
For example, one caveat applied to the occupation of chef is that the nominated position can’t be in a fast food or takeaway food service. Provide evidence to show the caveat does not apply to the position so that we don’t assess it as ineligible, such as:
- a detailed position description
- an explanatory statement and evidence that describes the core activities of your business
- a copy of the menu
- a link to your website
- a floor plan
- photographs of the premises that show the size and type of your establishment
- details of food preparation done on the premises
- details of table service provided and the volume of in-restaurant dining
- any other evidence you consider relevant
You can also ask us to consider the broader circumstances when we assess caveats - for example, the turnover and salary caveats, including those of an overseas parent company. Submit your request to us in writing.
We list any caveats that apply to occupations on the skilled occupations list.
3Apply
Apply online
- Complete your nomination application in ImmiAccount.
- Attach documents.
- Pay the application fee. We will not process your application until you pay the fee.
- Pay the Skilling Australians Fund levy.
- Note the nomination Transaction Reference Number (TRN). Your employee will need it to apply for their visa.
4After you apply
Send more documents
If you did not attach all documents when you applied, attach them as soon as you can. We might also ask you to provide more information, however we can make a decision without making a further request.
Tell us if things change
Contact the relevant visa processing office to report changes that could affect your application.
When you write to us, include your:
- business name
- ABN or ACN
- nomination Transaction Reference Number (TRN)
Withdraw your nomination application
You can withdraw your application any time before we make a decision. If we approve your application and circumstances change (for example, your nominee is no longer working for you), you need to notify us before we decide on your nominee's visa application.
To withdraw your nomination, email the processing area.
Note: Removing your application from ImmiAccount does not withdraw the nomination. Generally, we do not refund the nomination fee.
5Nomination outcome
If your nomination is approved, we will send you a letter containing your nomination approval number.
If your nomination is not approved, we will send you a letter stating:
- why it was refused
- whether you have a right to a review of the decision
When you are a sponsor
Anchor Content 1
Anchor Content 2
All streams of the Employer Nomination Scheme visa
Official source: Department of Home Affairs, immi.homeaffairs.gov.au. © Commonwealth of Australia. Refer to the source website for its copyright and conditions of use.
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