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Subclass 186 Visa: Everything You Need To Know

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05Mar
2024

Subclass 186 Visa: Everything You Need To Know

A skilled worker’s permanent residency is granted by an Employer Nomination Scheme (ENS) visa, a subclass 186 visa. The program is open to those working and living in Australia as temporary residents and those living outside the country. An Australian employer must nominate the candidate to qualify for this visa. 

Australian permanent residency can be obtained with this visa without any conditions attached. You may also include your dependent family members for this visa. It allows the holder to live and work wherever they want in Australia. Visas are granted for specific occupations based on the holder’s skills, but once granted, employment in those occupations is not necessary.

Employer Nomination Scheme Visa (Subclass 186)

The Australian Employer Nomination Scheme (Subclass 186) is a unique visa for foreigners who want to live permanently in Australia. This visa was introduced in 2012 as a substitute for the former Subclass 873 and Subclass 883 Visas, with certain improvements to streamline processes.

To apply for an Australian ENS Visa, you must have the relevant abilities for the work and fulfil the critical health and character standards. This visa is sponsored by Australian employers who must demonstrate their capacity to support the nominated workers’ growth in Australia.

Once accepted, the 186 Employer Nomination Scheme Visa allows the candidate to stay in Australia permanently and work there. Aside from allowing them to study freely at Australian universities, they can also register for Medicare, the public healthcare system in Australia. A person with an ENS Visa named Subclass 186 visa may also apply for citizenship after living in Australia for a for a specified time. They can also sponsor their children or relatives visiting Australia (temporarily or permanently).

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How Do I Get an Employer Nomination for Visa 186?

Have a Qualified Sponsor: You must have a suitable sponsor to receive a legitimate nomination for your visa 186. Your employer must fulfil qualifying requirements, which may vary based on the stream for which you apply.

Have an Eligible Occupation: To be nominated for visa 186 by your sponsor, you must fulfil the skills evaluation criteria and work in a profession on the skilled occupation list.

Your sponsor applies on your behalf. If you and your employer fulfil the qualifying requirements, your employer can apply to nominate you. The nomination must be filed using the ImmiAccount, and your sponsor will be charged an application cost of AUD540.

You are responsible for paying the levy fund on behalf of your sponsor. If your sponsor does not pay the skilling fund fee, the Department of Foreign Affairs will not approve your nomination. A small business sponsor has a fee of AUD3,000 if their turnover is less than AUD10 million. You will be charged AUD5,000 if your sponsor has a turnover over ten million dollars.

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Subclass 186 Visa Requirements

Below are the 186 visa requirements for the 186 visa direct entry stream, labour agreement stream, and temporary residence transition stream.

Direct Entry Stream

  • Be under 45 years old.
  • Have proficient English skills.
  • Meet all official health criteria.
  • Fulfil the official character requirements.
  • Perform tasks related to the qualifying jobs list.
  • A minimum of three years of relevant work experience in the specified sector is required.
  • Participate in the skill assessment to demonstrate your specified qualifications for the visa.
  • Obtain a license or registration from the state authorities you want to visit.
  • Be recommended by an Australian employer who runs an operational and legally running business.
  • Complete the visa application within six months of the nomination date.

Labor Agreement Stream

  • Be under 45 years old.
  • Have appropriate English skills.
  • Meet all official health criteria.
  • Fulfill the official character requirements.
  • Perform tasks related to the qualifying jobs list.
  • Work, or intend to work, for an Australian employer under a labour agreement.
  • Participate in the skill assessment to demonstrate your specified talents for the visa (if applicable).
  • Obtain a license or registration from the state authorities you want to visit.
  • Be nominated by an Australian employer who has an operational and legally running company and is a signatory to a labour agreement with the nominated employee.

Temporary Residence Transition Stream

  • Be under 45 years old.
  • Have appropriate English skills.
  • Meet all official health criteria.
  • Fulfill the official character requirements.
  • Perform tasks related to the qualifying jobs list.
  • Participate in the skill assessment to demonstrate your specified qualifications for the visa.
  • Be recommended by an Australian employer who will sponsor your Temporary Work Visa.
  • Obtain a license or registration from the state authorities you want to visit.
  • Before being nominated for the Employer Nomination Scheme (Subclass 186 Visa), you must have been sponsored to work full-time on the Subclass 457 Visa or Subclass 482 Visa for at least three years.

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186 Visa Checklist for Employers

  • Employment contract.
  • Proof of annual salary rate (if applicable).
  • Evidence of paid levy fee.
  • Evidence that there is a genuine need for an overseas employer.
  • Proof that the business is legally permitted to operate.
  • Business activity documents.
  • A detailed business organizational chart.
  • Financial statements.
  • Full name of the position and the ANZSCO code.
  • A health workforce certificate if the nominated position is related to health care: General practitioner, medical practitioner, and resident medical officer.
  • For the temporary residence transition stream, your sponsor must also include- Evidence of the work you did under a visa 457 or 482, documents regarding sponsorship change (if applicable), and proof of associated business.

Requirements for Nominating Employers:

Lawful Business: The nominated employer must legally operate a business in Australia that complies with all federal and state/territory legislation.

Full-Time Position: They must give the nominated overseas worker real full-time employment that pays more than the Temporary Skilled Migration Income Threshold level (currently $53,900 annually).

Local Hiring Efforts: Employers must first demonstrate a commitment to the Australian workers and economy. This includes evidence of considerable recent efforts to engage local workers and train/upskill Australians before concluding that the post cannot be filled domestically.

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Visa Application Process

Obtaining a subclass 186 employer-sponsored permanent residence visa involves a two-step application process.

Step 1: Employer Nomination

First, the sponsoring employer must file a Nomination Application with the Department of Home Affairs to recommend the foreign worker for a specific position in their company.

If approved, the employer will get a communication confirming the nomination, formally linking the worker to this business and job for the next 2-3 years.

Step 2: Visa Application.

Only when the employer nomination has been authorized may the worker apply for their visa through the Employer Nomination Scheme to the Department of Home Affairs. This application requires thorough supporting evidence, including:

  • Skills assessments validate suitability for the specified vocation.
  • Proof of employment with the nominated employer for two to three years.
  • English language examinations such as IELTS and PTE demonstrate functional-level skills.
  • Character evaluations, as well as police/health checks.

The employer and applicant collaborate closely to ensure that all requirements are completed at each step, giving the Employer Nomination Scheme (subclass 186) visa application the best chance of success.

It depends on the number of applications submitted and whether the standard processing time of the Australian visa can be extended or shortened. A traveller’s Employer Nomination Scheme (Subclass 186) is usually received after six months. Nevertheless, the waiting period of 186 visa processing time may extend to 12 months.

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Conclusion

Australian employers struggling to fill active vacancies can nominate skilled overseas workers for permanent residency under the Employer Nomination Scheme (subclass 186). Those working for Australian businesses may continue living/working permanently in Australia if they meet the requirements. A program designed explicitly to facilitate employer sponsorship benefits both the sponsoring employer and the migrant worker. In addition to providing Australian businesses with highly valued global expertise, it follows strict eligibility criteria based on skills, languages, and work experience. For more information, connect with a migration agent in Perth today!

Tags: Employer Nomination Scheme Visa ,migration agent in Perth ,Subclass 186 Visa ,Subclass 186 Visa Requirements ,Visa 186
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