Employer Nomination Scheme Visa – Labour Agreement stream
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Overview
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About this visa
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Eligibility
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Step by step
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When you have this visa
Stay
Permanently
Cost
From AUD4,640.00
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 relatives to come to Australia
- apply for Australian citizenship, if eligible
See all conditions
Check your eligibility
You must
- currently work, or will work, for your nominating employer who is party to a labour agreement.
- meet the age, skills and English language requirements of the labour agreement
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.
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 the visa is granted 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 someone who holds a subclass 457 visa or subclass 482 visa if we granted them that visa on the basis they are a member of your family.
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 AUD4,640.00 for the main applicant.
There is also a charge for each family member who applies for the visa with you.
Second instalment
You will need to 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 for a family member, 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 and biometrics.
To work out what your visa will cost use the Visa pricing estimator. The estimator does not take into account the second instalment or other costs.
Apply from
Apply for this visa from in or outside Australia. If you are in Australia, you must hold a substantive visa or a related bridging visa A, B or C.
If your substantive visa has a no further stay condition, you might still be able to lodge an application in Australia in certain circumstances.
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 might 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
We can't process your application if you do not pay the correct visa application charge. We will notify you if this is the case and if necessary return your application.
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 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
We will digitally link your visa to your passport. You will not get a label in your passport.
Be working under a labour agreement
You must currently work, or will work, for your employer under a labour agreement.
You must have suitable English language skills, experience, skills and other attributes for the position. The labour agreement will provide guidance on these.
We might ask to get a skills assessment that shows you have the skills to work in the position. Do not get an assessment unless we ask you to.
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
You must be nominated by an Australian employer whose business is:
- actively and lawfully operating in Australia
- party to a labour agreement.
Find out if your employer is eligible to nominate you.
Learn more about terms and conditions of employment on the Sponsor tabs, About this visa - Nominators must.
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 one possible option is 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
Unless the labour agreement provides otherwise, you must be aged under 45 years when you apply.
Have this visa
If you are in Australia, you must hold a substantive 457 or TSS visa issued under a labour agreement.
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 1
Before you apply
You might need to organise health exams.
Organise health exams
You need to have health examinations. You can complete them before you apply or you can wait until after you apply.
Find out the examinations you need and how to arrange them if you want to have them before you apply.
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:
- a registered migration agent
- a legal practitioner, or
- an exempt person.
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 Transaction Reference Number (TRN) when they do.
You need the TRN to apply for the visa.
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.
Step 2
Gather your documents
Provide accurate information
Provide accurate information. See what happens if you can't prove your identity or don't provide true information.
Main applicant documents
Identity documents
Provide the pages of your current passport showing your photo, personal details, and passport issue and expiry dates.
Also provide:
- a national identity card, if you have one
- proof of change of name
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
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. 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 (301KB PDF)
- provide immigration assistance, use Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (308KB PDF).
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 partner has functional English.
If you can't show that your partner 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 (276KB PDF)
- 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 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 (307KB PDF)
- 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 us 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.
Prepare your documents
Translate
Have all non-English documents translated into English.
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.
Step 3
Apply for the visa
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).
Step 4
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.
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
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.
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. Pay the instalment after you get the invoice. Do not ask for the invoice.
Add family
You can add family members to your application after you apply but before we decide on your visa.
For the purposes 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 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.
Complete Form 1023 Notification of incorrect answers (168KB PDF).
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 (301KB PDF)
- provide immigration advice - complete Form 956 Appointment of a registered migration agent, legal practitioner or exempt person (308KB PDF).
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 have made a decision.
Things you need to let us know about include:
- you want to withdraw your application
- changes to your phone number, email, address or passport
- changes to your relationship status
- the birth of a child
See what to do if your situation changes
Step 5
Visa outcome
You can be in 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.
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 onboard.
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
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 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.
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.
Request your international movement records to get proof of your travel in and out of Australia.
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
Request your international movement records to get proof of your travel in and out of Australia.
