Employer Nomination Scheme (subclass 186) · Work and skilled visas · Stream of Employer Nomination Scheme visa
Temporary Residence Transition 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 their current employer live and work in Australia permanently.
- Stay
Permanent
- 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
Permanent
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
- hold a subclass 457, 482 or eligible bridging visa
- usually, have worked in eligible sponsored employment for at least 2 years full time while holding a subclass 457 or 482 visa
- have a nomination from an Australian employer that we approved in the 6 months before you applied.
Help with your visa
If you are getting help with your visa, before you pay someone, read information on Who can help with your visa 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 they are 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 might also have to meet the requirements.
Cost
The visa costs AUD6,140.00 for the main applicant. Concessions 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.
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.
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.
You must 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
We will digitally link your visa to your passport. You will not get a label in your passport.
Eligibility
Have the required skills
You must have the required skills and qualifications needed to perform the tasks of the nominated occupation.
We might ask you to get a skills assessment to show you have these skills.
Have 2 years eligible sponsored employment in the 3 years prior to your application
You must have been employed in eligible sponsored employment for a total of 2 years in the 3 years prior to the date you apply for your visa.
Eligible sponsored employment must be:
- full-time
- undertaken in Australia
- undertaken while holding a subclass 457,482 or eligible bridging visa
- undertaken in an occupation you were granted a subclass 457 or subclass 482 visa to perform.
If you have held multiple subclass 457 or 482 visas in the 3 years prior to your application, sponsored employment can be counted in any occupation you were approved to work in.
If you have changed employers in the 3 years prior to your application, sponsored employment can be counted from the date an approved nomination was lodged, if you started working with them before the nomination was approved.
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.
Be nominated by the employer who sponsored your temporary work visa
Your employer must have been the last person to sponsor you to work full-time on your subclass 457 or subclass 482 visa.
Eligible business
You must be nominated by an Australian employer whose business is actively and lawfully operating in Australia.
You must apply for the visa within 6 months of the nomination being approved.
Find out if your employer is eligible to nominate you.
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
We can’t link a new nomination to your existing visa application. If this happens you may choose to withdraw your first visa application and submit a new visa application in relation to the new nomination.
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 criterion if any of the following applies to you:
- You are nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia
- You are nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency or Australian university
- You are nominated as a medical practitioner and in the 3 years immediately before you apply have worked in that occupation in a designated regional area of Australia for at least 2 years as a subclass 457 or 482 visa holder. The nominated position is in a designated regional area of Australia.
- As a subclass 457 or 482 visa holder, you have worked in eligible sponsored employment for at least 2 years during the 3 years ending immediately before you apply, and your earnings for each year of that period were at least as much as the Fair Work High Income Threshold.
Transitional arrangements
If you held (or had applied for and were later granted) a subclass 457 visa on 18 April 2017, you can still apply for this visa if you are under 50 when you apply.
Have this level of English language
You must have at least Competent English.
From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa.
Have this visa
You must currently be the primary visa holder of either a:
- subclass 457 visa (any stream)
- subclass 482 visa (any stream)
- Bridging visa associated with a subclass 457, 482, 186 or 187 application, if your last substantive visa was a subclass 457 or 482.
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 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
You might need to organise English and health exams.
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 TRN
Make sure your employer has submitted a nomination application. They will receive a nomination Transaction Reference Number (TRN) when they do.
You need the TRN 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 responsibilities
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
Gather and prepare these documents.
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide accurate 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, registrations and memberships
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.
Skills assessment
We will ask you to undertake a skills assessment if you are required to do so.
Work experience documents
Provide documents that verify your work experience for all periods of eligible sponsored employment. These documents should include:
- the employment period
- any paid leave taken
- any unpaid leave taken
- any overseas trips for training or work.
Also provide:
- PAYG payment summaries for the period of employment
- employment contracts
- payslips
- extracts of leave records.
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 criterion if any of the following applies to you:
- You are nominated as an academic (university lecturer or faculty head at Academic Level A, B, C, D or E) by a university in Australia
- You are nominated as a scientist, researcher or technical specialist at ANZSCO skill level 1 or 2 by an Australian scientific government agency or Australian university
- You are nominated as a medical practitioner and in the 3 years immediately before you apply have worked in that occupation in a designated regional area of Australia for at least 2 years as a subclass 457 or 482 visa holder. The nominated position is in a designated regional area of Australia.
- As a subclass 457 or 482 visa holder, you have worked in eligible sponsored employment for at least 2 years during the 3 years ending immediately before you apply, and your earnings for each year of that period were at least as much as the Fair Work High Income Threshold.
English language documents
Provide documents that show you have Competent English at the time you submit your application.
From 16 November 2019, there is no exemption to the English language requirement for this stream of the visa.
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 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 any dependent applicant who was aged at least 18 years on the day you make your application has at least has Functional English.
If you can't prove Functional English
If you can't show that they have 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
For every dependant 18 years old or older who is applying with you, provide:
- identity documents
- documents about their 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 prove your family member over 18 has Functional English.
If you can't prove Functional English
If you can't show your family member has Functional English, you will need to pay the second instalment when we ask you to.
Prepare your documents
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.
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 for this visa online with ImmiAccount.
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide accurate information.
Apply for the visa online in ImmiAccount
- Log in or create an ImmiAccount.
- Attach documents.
- Pay the application charge. We will not process your application until you pay.
- Note the Transaction Reference Number.
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.
Wait for us to contact you.
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.
But if you leave Australia, 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 before we decide on your visa.
For the purpose of adding family members to this visa, your family members are:
- your partner
- your dependent child and stepchild
- your partner's dependent child and stepchild
Newborn children
Find out what to do if you had a baby.
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.
Additional information for after you apply
We might ask you to get a skills assessment.
5Visa outcome
You can be inside or outside Australia when we decide on your application.
If we grant your visa, we will tell you:
- your visa grant number
- the date your visa starts
- your visa conditions, if applicable
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 leave
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 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
- apply for Australian citizenship, if eligible
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.
Tell us if things change
Things you need to let us know about when you have this visa include:
- changes to your phone number, email, address or passport
- changes to your relationship status
- the birth of a child
See how to let us know if there is a change in your situation.
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 might 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 becoming 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.
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
Government charge
Nil, if the position is located in regional Australia.
AUD540.00 if the position is not located in regional Australia. You are also required to pay the Skilling Australians Fund levy.
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
- sponsor eligible family members to come to Australia
- apply for Australian citizenship, if eligible
You must
- currently sponsor the applicant on a subclass 457 or 482 visa.
- pay the Skilling Australians Fund levy
- agree to employ the applicant on a full time basis for at least 2 years
About this visa
Cost to nominate
There is no cost to nominate someone for the visa if the position is located in regional Australia.
If the position is not located in regional Australia, it costs AUD540.00 to nominate someone for the visa. You are also required to pay the Skilling Australians Fund levy.
How long nominations last
If approved, your nomination will end if the employee you nominate does not apply for a subclass 186 visa within six months of the nomination approval.
Nominators must
You must:
- employ the worker under the terms and conditions that are no less than as those for Australian citizens or permanent residents doing the same work in the same place. Terms and conditions include but are not limited to salary for the nominated position, hours of work and leave entitlements.
- pay the worker the annual market salary rate
- 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 per 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 your nomination
Have a skilled position
The nominated occupation must:
- be listed in the ANZSCO
- be the same occupation as your most recently approved nomination for the applicant.
Occupations in the ENS program are benchmarked to the 2022 release of ANZSCO. If your most recently approved nomination relates to a subclass 457 or TSS visa, your occupation code or title may have changed.
You will not be disadvantaged if the code for your nominated occupation has changed in the 2022 release of ANZSCO (subject to meeting other eligibility criteria).
Pay the Skilling Australians Fund levy
You must pay the Skilling Australians Fund levy for any nomination application you submit.
Be the applicant's current sponsor
If you sponsored the applicant for a temporary work visa, you can nominate them for this stream of the permanent visa. However, you may only do so as long as you remain the applicant’s most recently approved sponsor (as a standard business sponsor or party to a labour agreement). If your business has undertaken a restructure resulting in a new ABN/ACN, and the applicant is now working for the new business entity, you must ensure the applicant’s most recent temporary visa sponsorship arrangements reflect this.
You need to do this before lodging in this permanent stream.
What visa the applicant must hold
When you nominate them, the applicant must hold or have most recently held:
- a subclass 457 visa (any stream)
- a subclass 482 visa (any stream)
If the applicant does not hold a substantive visa when you apply to nominate them, they must hold a bridging visa that was granted to them when they applied for:
- a subclass 457 visa, or
- a subclass 482 visa, or
- a subclass 186 visa, or
- a subclass 187 visa
Continuity of employment
If your business ownership has changed since you were approved to sponsor the applicant on their most recent subclass 457 or 482 visa – for example due to sale, takeover or restructure – you might still be able to nominate the applicant. You must show that you and the previous business sponsor would be considered the same employer. You must be the applicant's most recently approved sponsor.
Please also note, if your business (or an associated business) has been subject to ASIC action such as being placed under administration, your application may not meet the requirements for approval.
Step by step
1Before you apply
Make sure your employee is eligible
Make sure the employee you want to nominate is eligible for this stream of the visa.
If they are not eligible at the time you apply to nominate them, we might refuse your nomination application.
Note: To check your employee's visa status and entitlements:
- your employee can email them to you from VEVO
- if you are registered, you can view them in VEVO
Applicants for the TRT stream must also provide evidence that they have undertaken at least 2 years of eligible sponsored employment in the 3 years prior to the date of their visa application.
2Gather your documents
Gathering 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:
- an audited balance sheet and profit and loss statement for the most recently concluded fiscal year with comparative figures for previous fiscal year, or
- business tax returns and associated tax assessment notices for the most recently concluded fiscal year
If the financial 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.
Sponsor change documents
If your business has undertaken a restructure resulting in a new ABN/ACN, and the applicant is now working for the new business entity, you must ensure the applicant’s most recent temporary visa sponsorship arrangements reflect this.
You need to do this before lodging in this permanent stream.
Associated business
If the nominee worked for an associated business, show that they worked for the same employer in the same role and in the same location for the period that they worked. Provide:
- documents showing the association between the businesses
- relevant documents relating to the associated business, which clearly shows that the nominee can be considered as having worked for the same employer, and
- contracts, PAYG payment summaries and evidence of the nominee's reporting lines to show the nominee has worked in the same role and location.
Proof you will pay the annual market salary rate
If the applicant will earn less than AUD250,000 per year, prove you will pay the employee 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 the difference.
Where you use an award or agreement to pay your staff, provide a copy of the relevant award or agreement.
Proof you have a genuine need for a paid employee
Businesses seeking to nominate overseas workers for a permanent employer sponsored visa must demonstrate that there is a continuing genuine need to employ a person in the position.
Provide:
- a detailed organisational structure chart
- a detailed position description including specified tasks and duties of the position
- a statement outlining how the position continues to fit into the business activities
3Apply
Complete your nomination application in ImmiAccount.
Apply
- Complete your nomination application in ImmiAccount. Make sure you nominate the Temporary Residence Transition stream.
- 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 nominee will need it to apply for their visa.
4After you apply
Steps to follow after you apply
Attach more documents
If you didn't attach all documents when you applied, attach them as soon as you can in ImmiAccount.
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 nomination.
When you write to us, include your:
- business name
- ABN or ACN
- Transaction Reference Number (TRN).
Withdraw your nomination application
You can withdraw your application any time before we decide on the 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
- your rights, if any, to a review of the decision and the relevant time limits
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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