ENS 186 Nomination Requirements

The employer is an important part of the application process. You must have an Australian employer who is willing to sponsor you for an occupation that is on the Consolidated Sponsored Occupation List.

Stream requirements

Temporary Residence Transition stream

• You will need to refer to the Consolidated Sponsored Occupations List.
• The nominated occupation for the ENS subclass 186 visa must have the same four-digit occupation unit group code as the occupation being carried out by the employee.
• The employer can demonstrate that they have met all 457 sponsor obligations.
• The employer has paid the correct salary, superannuation and withheld taxes for the work done under the 457 visa employment.
• The employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has made a contribution to a relevant industry training fund.

Direct Entry stream

• You will need to refer to the Consolidated Sponsored Occupations List.
• Demonstrate a genuine need for the position.
• The employer meets the Training Benchmark requirements. This means that the employer has provided an acceptable amount of training for its Australian citizen and permanent resident employees, or has made a contribution to a relevant industry training fund.

Labour Agreement stream

• Check if an agreement is in place for the occupation being nominated.
• The occupation must have a Labour Agreement in place to be suitable for nomination.

Genuine position requirements

ENS visa applications require the nominating employer to demonstrate that there is a genuine need for the position. In assessing the genuine need, the Department of Home Affairs will consider the following:

• Attempts made by the employer to employ an Australian citizen or permanent resident.
• The need for a full-time position given the size of the business and the number of employees.
• The skill level of the occupation — lower skilled occupations such as Customer Service Manager or Restaurant Manager may be considered low skilled and assessed as high risk due to the availability of suitably skilled local workers.
• The need for the nominated occupation for the type of business. For example, a cook may be a good occupation for a successful restaurant, but the nomination of an accountant for a busy restaurant is usually not a good match for the genuine need.

Applications considered high risk based on occupation skill levels are likely to be asked for further information to ensure that the position is genuine and that the applicant meets the requirements for the position. Further requests for information can result in extensive delays in processing times.

Market salary requirements

The salary and employment conditions for a nominated position must be:

• Equivalent to those of an Australian citizen or permanent resident in a similar position and location.
• Commensurate with the applicant’s qualifications, skills and experience.
• Justified with evidence of research.

Market salary research is generally required to justify the salary for most positions.

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