Changing Employers on an ENS Visa: Before Applying, During Processing and After Grant

The Employer Nomination Scheme (ENS) (Subclass 186) visa, also known as the 186 visa or ENS 186 visa, is a permanent residency visa that requires sponsorship by a specific employer. Because this visa is tied to your employer, changing jobs at different stages can lead to very different outcomes.

Below is a practical breakdown of what happens if you change employers:

1. before lodging the ENS visa;
2. after lodging the ENS visa; and
3. after the ENS visa is granted.

What happens if I leave my employer before lodging the ENS visa?

Many individuals applying for the ENS visa will hold a Skills in Demand (SID) (Subclass 482) visa. This SID visa includes condition 8607, which means you must work only for your sponsoring employer and in your nominated occupation. If you stop working, you will have up to 180 days to find a new sponsor, apply for another visa, or leave Australia.

If you change employers before the ENS visa application is lodged:

• your original employer can no longer sponsor the ENS visa;
• your new employer will need to sponsor you for an ENS visa instead; and
• if applying through the ENS Temporary Residence Transition (TRT) stream, you will need to first obtain a SID nomination with the new employer (and sometimes a new SID visa).

There are exceptions where changing employers may not affect the ENS application:

• if you commence work for an associated entity of your original sponsor: no breach of visa condition 8607, and generally, the nomination can be lodged with the original sponsor (unless it’s an ENS Direct Entry (DE) stream visa which requires your direct employer to be the ENS visa sponsor);
• if your employer changes their business name/structure but keeps the same ABN: they will be considered the same sponsoring entity; or
• if you work in exempt medical occupations such as general practitioner, resident medical officer, paediatrician.

However, if your original employer is taken over by another company with a new ABN, this is generally considered a new employer, and a new nomination will be required (and therefore ENS nomination will need to be changed to the new entity’s details).

What happens if I leave my employer after lodging the ENS visa?

Once both the ENS nomination and ENS visa applications are submitted, the Department will assess the applications on the basis that you will remain employed by the sponsoring employer.

If you change employers at this stage:

• the basis of the applications is no longer valid;
• both the nomination and visa applications must be withdrawn; and
• you will need to secure a new employer to sponsor you and start again with a new ENS application.

What happens if I leave my employer after the ENS visa is granted?

Many individuals will ask whether they can leave their employer after their ENS visa is granted. The short answer is yes, as the ENS visa confers permanent residency. You will be taken to hold Australian permanent resident status, and there are no work-related visa conditions accompanying the visa. You may wish to change employers or work in any occupation.

You must note, however, that in the ENS visa application, you will have declared your intention to remain in the nominated position with your sponsor for a further 2 years. Provided your declaration was truthful at the time, you will unlikely encounter problems if your circumstances change after the grant of the ENS visa. It may only be of concern to Australian immigration authorities if, for example, it is later discovered that your ENS visa was granted based on incorrect or misleading information.

Need advice before changing employers on a 186 visa?

Changing employers at the wrong stage of the ENS visa process can have significant consequences. Every situation is unique and depends on your visa status, timing, and employer arrangements. If you are considering changing employers and you have applied for (or intend to apply for) a 186 visa, feel free to reach out to us at [email protected] to discuss your circumstances and your best next steps.

You can also subscribe to our newsletter to stay up to date with the latest in immigration news.

THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION