186 Employer Nomination Scheme
186 ENS Nomination
The nomination is the employer's application to the Department of Home Affairs to fill a specific permanent skilled position with an overseas worker. It is a distinct lodgement from the visa application. A refused nomination prevents the visa from being granted.
What the nomination must establish
The nomination must establish that the position is genuine and ongoing, the occupation is eligible under the stream being applied for, and the salary meets or exceeds both the Annual Market Salary Rate and the applicable income threshold. The employer must also be lawfully and actively operating in Australia.
For the Direct Entry stream, the employer must have conducted labour market testing demonstrating genuine efforts to recruit an Australian worker. This requirement does not apply to the Temporary Residence Transition or Labour Agreement streams.
An approved nomination is valid for six months. The visa application must be lodged within that period. A refused nomination may be reviewed by the Administrative Review Tribunal within the applicable time limit.
Genuine position requirement
The nominated position must be genuine and ongoing, with an intended duration of at least two years. The Department assesses whether the role is a real employment need of the business.
Salary compliance
The salary must meet or exceed both the Annual Market Salary Rate for the occupation and location, and the applicable income threshold. The higher of the two thresholds applies.
Skilling Australians Fund levy
The employer must pay the SAF levy at nomination lodgement. For businesses with turnover below $10 million: $3,000. For businesses at or above $10 million: $5,000. The levy is non-refundable.
Labour market testing
Required for the Direct Entry stream only. Advertisements must have been active for at least 28 days and placed within four months of nomination lodgement. Evidence of the recruitment process must be retained.
$3,000
SAF levy (small business)
$5,000
SAF levy (large business)
6 months
Nomination validity
28 days
Minimum LMT advertising
Why instruct Visa Plan for your 186 nomination?
Genuineness of position
The genuineness requirement is assessed holistically. We advise on what evidence is required and how to present the employer's need for the position in a way that satisfies the Department's assessment.
Salary compliance
Salary compliance involves both the AMSR and the applicable income threshold. We verify the correct salary benchmarks for the occupation and location before the nomination is lodged.
Refusal and review
A refused nomination can be reviewed by the Administrative Review Tribunal. We advise on the merits of review and represent clients before the Tribunal where the nomination has been refused.
186 ENS nomination information is sourced from the Department of Home Affairs and is current as at 18 June 2026. SAF levy amounts and nomination criteria are subject to change. This page provides general information only and does not constitute legal advice.