Employer Nomination Scheme (Subclass 186)

The Employer Nomination Scheme (Subclass 186) offers a permanent residency visa to skilled workers who seek to live and work in Australia. Employers can nominate individuals for this visa when they are unable to find a suitable Australian citizen or permanent resident for the job. The scheme comprises three streams:

• Direct Entry Stream: Targeted at skilled workers who have limited or no work experience in Australia.
• Labour Agreement Stream: For skilled workers who are nominated by an employer under a labour agreement.
• Temporary Residence Transition Stream: For individuals holding a Subclass 457 or TSS visa who have worked for their employer for at least three years.

 
Each stream comes with its own set of requirements. Typically, the visa grants permanent residency, and the application fee starts from AUD 4,640. Candidates must fulfill health and character criteria, possess the required skills and qualifications, and adhere to Australian laws and visa conditions.
 

Direct Entry Stream

• About the Stream: Aimed at skilled workers who haven’t worked in Australia before or have done so for a short period. Ideal for applicants from outside Australia or those ineligible for the Temporary Residence Transition stream.
• Staying Options: Offers permanent residency in Australia.
• Fees: Visa application fees start at AUD 4,115.
• Processing Time: Typically between 6 to 8 months for most applications.
• Must Follow Guidelines: Candidates must be nominated by an Australian employer, belong to an eligible occupation, possess at least three years of relevant work experience, and meet the skill, qualification, and English language criteria.

 
Important Note: Skill assessment is compulsory for this stream. An English proficiency level equivalent to IELTS 6 in each module is required. Furthermore, any secondary applicants over 18 years of age need to demonstrate Functional English ability (Overall IELTS 4.5 or equivalent) within the last 12 months.
 

Labour Agreement Stream

• About the Stream: Targeted at skilled workers who are nominated by an employer under a labour agreement. These agreements are established between the Australian government and employers to tackle specific skill shortages in the Australian labour market.
• Staying Options: Offers permanent residency in Australia.
• Fees: Visa application fees begin at AUD 4,115.
• Processing Time: Dependent on the complexity of the labour agreement.
• Must Follow Guidelines: Candidates must be nominated by an employer with a labour agreement with the Australian government, fulfil the specified age, skills, and English language requirements of the labour agreement, and adhere to all other visa conditions.

 
Important Note: As of 19th April 2017, the Consolidated Sponsored Occupation List (CSOL) and the Skilled Occupation List (SOL) have been replaced by the Short-Term Skilled Occupation List (STSOL) and the Medium and Long-term Strategic Skills List (MLTSSL), respectively.

There isn’t a separate STSOL list, but a Combined List of Skilled Occupations that includes occupations from both the STSOL and MLTSSL.

Both the STSOL and MLTSSL are scheduled for revision on 1st July, 2017.

Therefore, for the 186 visa, the employer must nominate an individual for an occupation listed on either the STSOL or MLTSSL.
 

Temporary Residence Transition Stream

• About the Stream: Aimed at holders of Subclass 457 or TSS visas who have been employed by their nominating employer in Australia for at least three years and are being offered a permanent position.
• Staying Options: Grants permanent residency in Australia.
• Fees: Visa application fees start at AUD 4,115.
• Processing Time: Typically between 6 to 8 months for most applications.
• Must Follow Guidelines: Candidates must have worked full-time for their nominating employer for at least three years, demonstrate a genuine need for the position, and fulfill the required skills and qualifications. The employer must also comply with Australian immigration and workplace laws.

 
Important Note: Skill assessment is not required under this stream. However, an English proficiency level equivalent to IELTS 5 in each module is necessary unless exempted. Furthermore, any secondary applicants over 18 years of age need to demonstrate Functional English ability (Overall IELTS score of 4.5 or equivalent) within the last 12 months unless exempted.
 

For all streams, applicants must meet health and character requirements and be under the age of 45 at the time of application, unless specific exemptions apply. It’s important to note that processing times and fees can vary, so it’s advisable to check the latest information on the Australian Department of Home Affairs website or consult with an immigration professional.

Benefits of the 186 Visa

The 186 visa allows you and your included family members to:

• Live, work, and study in Australia indefinitely
• Access Medicare for health care expenses
• Seek Australian citizenship if eligibility criteria are met
• Sponsor eligible relatives for permanent residency in Australia
• Travel to and from Australia multiple times for five years from the visa grant date

Eligibility Criteria for Applicants

To qualify for this visa, as an applicant, you must:

• Be under 50 years of age, unless exempt from the age requirement
• Have a nomination from an Australian employer who is operating legally in Australia
• Submit your visa application within 6 months of receiving the nomination
• Possess the necessary skills and qualifications for the nominated position
• Provide proof of English language proficiency, unless exempt
• Satisfy health and character checks
• Meet the requirements of the specific stream under which you are applying

 
Note: From 1st July 2017, applicants up to 45 years of age are eligible for the Direct Entry stream.

From March 2018, the maximum age limit for all 186 visa applicants will be 45 years or less. Additionally, for the Temporary Residence Transition Stream, at least three years of relevant work experience is mandatory.
 

Eligibility Criteria for Nominating Employers

To qualify as a nominating employer for this visa:

• You must be legally and actively operating in Australia
• You must have satisfied the training benchmark requirements (A or B) of 1% or 2%
• You must genuinely need to fill a skilled position full-time for at least 2 years
• You must have adhered to Australian immigration and workplace laws
• You must offer a salary that meets industry standards
• You must meet the criteria of the stream you are nominating under (i.e., Temporary Residence Transition, Direct Entry, or Agreement)
• There should be no conflicting information regarding you or your business

Health & Character Requirements

Both you and any family members included in the application must submit:

• Medical examination certificates obtained within 12 months prior to submitting the visa application
• Police clearance certificates demonstrating no criminal convictions within the past ten years

Eligible Family Members

You can include the following members in your visa application:

• Your spouse or partner
• Your or your partner’s child or stepchild

 
Applying for the 186 Visa requires careful attention. From securing a positive skill assessment to choosing the right stream and meeting exemption criteria for age, skills, and English, the process can be complex.

At Aussizz Group, our team of experienced and professional migration agents has helped many applicants successfully navigate the Employer Nominated visa process. With over 8 years of experience in the immigration industry, we are well-equipped to evaluate your eligibility, select the appropriate stream, and achieve a positive outcome.

Get started with us today! We are committed to helping you reach your goals!