Employer Nomination Scheme (Subclass 186) – All You Need to Know
The Australian government provides permanent residence to several people from other nations in the world, who can display adequate skills to seek nomination from an Australian employer. Once nominated, these individuals can live and work in Australia on a permanent basis under the Employer Nomination Scheme Visa Subclass 186.
Let’s learn more about this visa and how it can be obtained to secure permanent residency in Australia.
1. What is an Employer Nomination Scheme 186 Visa?
As the name suggests, this visa category enables employers in Australia to hire high-skilled overseas workers or temporary workers from within Australia for vacant job positions in their business. The visa grants permanent work and residency options to the nominated applicants.
The Australia Subclass 186 visa permits its holder to:
- Live, work, and study in Australia for an indefinite period of time
- Sponsor the eligible family member(s) for permanent residency in Australia and
- Apply for Australian citizenship, if deemed eligible for the same
2. What is the Processing Duration for this Visa?
The processing time for the visa depends on the specific visa category under which the applicant has been nominated. It may therefore vary for different categories. For instance, it may take nearly 5-20 months for an application to be processed under the Direct Entry Stream, while the one applied under the Temporary Residence Transition stream may take anywhere between 6 and 13 months.
Let’s look at these different streams in detail under which an application for the Subclass 186 visa can be filed.
3. How do I Apply for 186 Visa?
The Employer Nomination Scheme visa 186 subclass can be applied for under the following three streams :
- Temporary Residence Transition Stream –Under this category, those skilled workers who are already living and working in Australia under the Temporary Work (Skilled) Visa (Subclass 457) are eligible to apply for visa 186.
The applicant must have lived and worked in Australia for a minimum of 2 years in the nominated occupation and the nominating employer must now be willing to offer a permanent job to the applicant.
- Direct Entry Stream–This stream is meant for those applicants who do not stand eligible to apply under the Temporary Residence Transition Stream but hold a valid subclass 457 visa.
The candidate may not necessarily be living in Australia and can apply from outside the country too.
- Labour Agreement Stream –Australian employers are authorised to sponsor an applicant holding the Temporary Work Subclass 457 via the Labour Agreement or the Regional Migration Agreement. Under this stream, candidates who deem eligible for a permanent residence visa based on their skills, age, and language proficiency can apply for the same.
Eligibility Requirements for Visa 186
The applicant needs to satisfy the following criteria:
- 45 years or lower at the time of visa application
- Must be able to display competency in English. If the applicant’s sponsoring employer/business is applying under a Labour Agreement, the requirement for English competency is lowered.
- Some nominated occupations require mandatory registration, license, or professional membership
- Health and character requirements need to be satisfied for both the primary applicant and any accompanying family member(s) who have applied for permanent resident visa in Australia
- Must work in the nominated role for a minimum period of 2 years
- Must have received nomination from a legitimate Australian employer
- Must display at least 3 years of relevant work experience in the same nominated occupation
Eligibility Requirements for the Nominating Employer
- The sponsoring business/employer must also satisfy the following requirements for subclass186:
- Must provide evidence that the applicant’s proposed salary is equivalent to the Australian Market Rate for the nominated occupation
- Must satisfy the requirement of the Australian Market Rate-sponsored role which must be equal to the Temporary Skilled Migration Income Threshold (TSMIT)
- Must commit that the nominated role would be available to the applicant for at least 2 years
- Must have a history of compliance with Australian immigration and workplace relations laws
4. What is the Cost of Applying for this Visa?
The visa processing fee generally keeps fluctuating periodically so it’s always best to check the official immigration website of Australia for the latest information on this.
To give you a general idea, the base application charge for visa 186 is AUD 4,045, charges for the additional applicant 18 years and above are AUD 2,025, while charge for an additional applicant who is below 18 years old is AUD 1,010.
5. What are the Advantages and Disadvantages of being a 186 Visa Holder?
Visa 186 holders are entitled to the following privileges upon grant of visa:
- Permanent residence and option to work in Australia
- Study at a recognised school or university in Australia
- Be entitled to subsidised healthcare services via Medicare and the Pharmaceutical Benefits Scheme (PBS)
- Gain access to social security payments
- Be eligible to apply for citizenship in Australia
- Able to sponsor eligible family members for permanent residence in Australia
There are certain seemingly “unfavourable” points to holding the visa as well, which include:
- Visa 186 is generally only granted to highly skilled labour force, such as executives, managers, and advisors. This means a much higher skill set requirement than the onedemanded for Subclass 457 visa
- The visa is only considered in the situation where the nominating employer has some significant contribution to the Australian economy to their credit
- The applicant is required to undergo two paths to ensure that the visa application and processing stages clear smoothly.
6. Is Skill Assessment Required for 186 Visa?
Skills assessment is generally not a requisite at the time of applying under the Temporary Residence Transition or the Labour Agreement streams. However, application under the Direct Entry stream mandates skills assessment.
In fact, the skills assessment must clearly indicate that your skills have been appropriately assessed by the concerned assessing authority before filing the visa application. The skills assessment report can be submitted after making the visa application; however, the assessment results need to be obtained before the date of your visa application.
Also note that if a skills assessment is provided after the expiry date, it would no longer be considered valid. In addition, skills assessments that do not specify an expiry date are generally valid for a period of 3 years from the date of the assessment. The applicant must have also been employed in the nominated occupation full-time for at least 3 years, at the level of skill as required for the nominated occupation.
7. What Documents do I Need for 186 Visa?
The following documents are required if applying under Direct Entry Stream Nominator category:
- Registration documents for your business
- Financial documents such as audited balance sheet and profit and loss statement for the last FY
- Nominated position documents such as the contract of employment between your business and the visa applicant and job description for the nominated position
- Documents for specific occupations, such as in case of nominating a cook, chef, or café/restaurant manager, the employer needs to submit documentary evidence which proves that the café/restaurant does not operate in a takeaway or fast food setting
- HR documents such as the organisational chart or a list of the current employees
- Administration documents such as the electronic letterhead of the business
- Evidence of Annual Market Salary Rate (AMSR) – the amount earned by an equivalent Australian worker in the same occupation as the nominated position
Documents required for Direct Entry Stream Applicants:
- Proof of Identity – current passport, birth certificate, marriage certificate, divorce certificate, death certificate, or statutory declaration separation documents, if applicable, proof of change of legal name
- Skills assessment from the relevant assessing authority for the nominated occupation
- Proof of English language proficiency
- Latest CV/resume
- Certificates and academic transcripts for all formal qualifications obtained
- Written and signed work references for different employment periods, if available
- Character certificate
- Police clearance certificates
- Proof of dependants 18 years and above living with the applicant and financially dependent on the applicant for at least the past 1 year
Application Process for the Visa
The applicantis required to submit their visa application at the Immigration Department’s official online portal. However, the sponsoring employer needs to first initiate the process by preparing the nomination application for the role. Thus, the process involves two steps –
- Nomination by an approved Australian employer for a role in their business
- Visa application by a skilled overseas worker under the nominated stream
The applicant will need the TRN of the nomination application provided to the employer upon initiation of their nomination application. The applicant will then be able to submit their application after their employer has successfully submitted the business nomination.
Also, the applicant is not required to wait until the Immigration Department decides on the business nomination application. If the candidate is in pursuit of their nomination being approved, they can submit their application within a period of 6 months from the date the business nomination application was approved.
Upon successful submission of the application, the candidate can submit all relevant documents online.
8. What are the Health and Character Requirements for the Visa?
The primary applicant and all additional family members mentioned in the application are required to:
- Submit certificates of medical examinations undergone within 1 year of filing the visa application
- Police certificates indicating no criminal convictions in the last 10 years
9. Which Family Members are Eligible to Apply for Visa 186?
The following family members can apply for the visa –
- Spouse/partner of the applicant
- The child(ren) of you or your partner and/or step child(ren)
10. What Happens if I Make a Mistake in My Visa Application?
There are two ways to follow here:
- If the mistake was made while filling out the application form, you can easily correct it any time before submission.
- If you happen to notice the mistake made only after submission, you need to inform the Immigration Department immediately. Remember that furnishing inaccurate information in the application can have serious consequences, resulting in even rejection/denial of the application.
To correct the information before submitting the application, go to your Immi Account online. In your application, you’ll an option on the left hand side stating ‘Update Details’. Click on it and you’ll be led to ‘Notification of Incorrect Answer(s)’. Specify which section of the form you need to update, the updated information, and reason why the information is being updated.
11. Why Hire Us?
Visa 186 for Australian permanent residency involves an application process that needs to be carefully dealt with. Immigration matters are sensitive and can also be complex in certain cases. Sometimes, individual applicants or even businesses may not be capable of handling these matters on their own.
Therefore, in times like these, professional guidance and assistance from immigration experts like us can be of great value. We can help you sail through this journey comfortably without a worry on your mind. Right from collecting all the relevant documents and putting them in order to submitting the visa application at the immigrations office, we’d be with you at every step.
We’d also ensure that all the steps in the visa application process are satisfactorily met so that you don’t have to worry about a thing. Hire us today to make sure that your visa application is error-free. What’s more, all our services are offered at comfortable and competitive market rates along with additional benefits that make your migration journey easier.
Visa 186 is a great way to obtain permanent residency in Australia. By following all the visa regulatory procedures properly, you stand a high chance of securing entry into Australia under Subclass 186 rather soon.
With Kansas Overseas consultants assisting you in this process, you can get help in finding a job first through our advanced Job Search service and also seek assistance in finding an accommodation for yourself in Australia after visa success. To understand our services and procedures in this visa process, reach out to our immigration consultants in India for Australia immigration today!