Avoid these Common Mistakes When Applying for Employer Nomination Scheme (ENS) (Subclass 186) Visa
The Employer Nomination Scheme (ENS) (Subclass 186) visa is a permanent visa that allows individuals to live, study and work in Australia through employer sponsorship. While this visa is highly valued, many applicants and sponsors make common mistakes that can put their visa application at risk.
What are the Common Mistakes for Employer Nomination Scheme (ENS) (Subclass 186) Visa?
Work Experience
One key requirement for an ENS (SC 186) visa is that the applicant demonstrate relevant work experience in the nominated occupation for at least 3 years. If an applicant provides insufficient evidence of employment experience, such as failing to provide documentation or presenting inconsistent information about their employment history, the visa application information may be false and/or misleading, leading to a visa refusal due to PIC 4020.
Skilled Occupation List
The nominated occupation for the ENS (SC 186) visa must be on the relevant skilled occupation list. Ensure to check the current skilled occupation list, which is the Core Skills Occupation List (CSOL), which has replaced the Short-term Skilled Occupation List (STSOL) and Medium and Long-term Strategic Skills List (MLTSSL), as some occupations may have been removed or added after the transition.
Positive Skills Assessment
Additionally, applicants must demonstrate their skills and qualifications for the nominated occupation. Certain occupations may require a positive skills assessment from the relevant assessing body. Failure to obtain a positive skills assessment prior to applying for an ENS (Subclass 186) visa can result in visa refusal.
Meet Health and Character Requirement
All visa applicants must meet health and character requirements. Failing to meet the health or character requirement, such as not undergoing health assessment or not providing police check certificates from each country, the applicant has lived for 12 months or more in the last 10 years. These can lead to application processing delays and even may be refused.
English Language Test
Demonstrating English Language proficiency is also a key criterion for an ENS (Subclass 186) visa application. A common mistake is not meeting the required English score through one of the recognised ENS English tests. In other circumstances, the applicant may fail to submit their English test result, which can lead to a visa refusal.
Adverse Information and Genuine Position
Employers also play an important role in ENS (Subclass 186) visas. During the nomination process, they must ensure that there is no adverse information within the business and prove the applicant’s genuine position in the nominated occupation.
Income Threshold
Employers who do not meet the minimum Core Skills Income Threshold (CSIT) and Annual Salary Market Rate (ASMR) may affect the visa application.
Related:
Important Update: Salary Threshold (CSIT & SSIT) to Increase by 1 July 2025
Employer Nomination Scheme (ENS) (Subclass 186) Age Exemption Criteria
How Can Agape Henry Crux Help
Engage with an Immigration Lawyer who can provide professional guidance for your Employer Nomination Scheme (Subclass 186) visa application process. Reach out to Agape Henry Crux and speak with one of the immigration lawyers and registered migration agents. The team works with our Accredited Specialist Immigration Lawyer(s) who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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