*Last updated on: 25 Nov 2024
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Subclass 186 - Employer Nomination Scheme Visa

Permanent Residency Pathway for Skilled Workers Sponsored by Australian Employers

Overview of the Subclass 186 Visa

The Subclass 186 Visa, known as the Employer Nomination Scheme Visa, is designed to offer skilled workers the opportunity to gain permanent residency in Australia. Applicants must be nominated by an Australian employer and meet the specific eligibility criteria for one of the three available streams: Temporary Residence Transition (TRT), Direct Entry (DE), or Labour Agreement. This visa caters to skilled professionals filling critical labour shortages, with each stream addressing different pathways for eligibility.

Eligibility Criteria for Subclass 186 Visa Applicants

Occupation Requirements

Applicants must have a nominated occupation listed on the Medium and Long-term Strategic Skills List (MLTSSL).

Age Requirements

Must be under 45 years at the time of application.

Approved Sponsor Nomination

Applicants need an employer nomination from an Australian business operating lawfully. Employment must be in the nominated occupation within the sponsoring business or its associated entity. Employers must submit a nomination application as an approved work sponsor or be in the process of becoming one.

Skills Assessment

A positive skills assessment is required from the relevant assessing authority for the nominated occupation.

Relevant Work Experience

Minimum of 3 years of relevant full-time work experience in the nominated occupation or a closely related field. Experience gained within the past 5 years is considered, and relevant part-time work may be acceptable. Casual work is not recognised.

English Language Proficiency

Competent English is required, demonstrated through approved tests or passports from specific English-speaking countries. Minimum scores include:

IELTS: 6 in each component (listening, reading, writing, and speaking).
PTE Academic: 50 in each of the four skills.
Equivalent scores from other tests or exemptions may apply.

Health and Character Requirements

Applicants must meet specified health and character criteria as set by the Australian Department of Home Affairs.

Assessing Your Occupation

General rule: To apply for the medium and long-term stream, visa applicants must have a nominated occupation listed on the Medium and Long-term Strategic Skills List (MLTSSL).

To apply for the short term stream, visa applicants must have a nominated occupation listed on the Short-Term Skilled Occupation List (STSOL).

Check My Occupation*

*(Type in relevant occupation and select subclass 186)

Eligibility Criteria for Sponsors

1. Lawful Operation: Businesses must be actively and lawfully operating in Australia.

2. Approval as a Sponsor: Employers must have or be in the process of obtaining approval as a Standard Business Sponsor.

3. Genuine Need: Employers must show a genuine need for the nominated position within their business.

4. Compliance with Australian Laws: Adherence to employment and workplace laws is mandatory.

5. Training Commitment: Contributions to the Skilling Australians Fund (SAF) may be required based on the nominated occupation and business turnover.

6. Labour Market Testing (LMT): Employers must demonstrate efforts to recruit Australian workers first.

7. Salary Requirement： Employers must pay at least the market salary rate for the nominated role, exceeding the Temporary Skilled Migration Income Threshold (TSMIT), currently set at $73,150 plus superannuation (as of July 1, 2024).

Application Process

Both Parties Meet Eligibility Requirements

The employer agrees to sponsor the applicant for a skilled position. Both the employer and visa applicant meet eligibility criteria.

Nomination

Employer formally nominates the applicant for the specified position.

Visa Application

The applicant submits their visa application with supporting documentation.

Stay Duration

This is a permanent residency visa, allowing the holder to reside in Australia indefinitely. Permanent residency status commences on: The day the visa is granted (if within Australia), or the day of arrival in Australia (if outside at the time of grant).

Note: While the Subclass 186 Visa grants permanent residency in Australia, it includes a five-year travel component. This means that after five years from the visa grant, if you wish to travel in and out of Australia, you will need to apply for a Resident Return Visa (RRV) to maintain your travel rights. Permanent residency status remains intact, but an RRV is necessary for international travel beyond the initial five-year period.

Visa Costs and Fees

Nomination Fee:
AUD $540; in some circumstances waived if located in regional Australia.

Skilling Australians Fund Levy:
Small Businesses (turnover less than $10 million): AUD $3,000 (one-off).Larger Businesses (turnover of $10 million or more): AUD $5,000 (one-off).

Visa Application Fee:
Primary Applicant: AUD $4,770.
Secondary Applicants (18 and over): AUD $2,385.
Dependent Children (under 18): AUD $1,190.

An additional visa fee of $9,800 and 4,890 (for primary and secondary applicant respectively) applies if an applicant does not have functional English.

Note: The fees are subject to the latest pricing set by the Australian Department of Home Affairs. Please verify before any decision making.

Processing Times

50% of applications processed within 6 months.
90% of applications processed within 16 months.

Note: Processing times vary based on the completeness of documentation and other factors. They are obtained from The Australian Department of Home Affairs website and only serve as guidance.

Family Members Eligible for Inclusion

Eligible family members may include:
1. Spouse or Partner: Legally married or de facto (including same-sex partners).
2. Dependent Children: Generally unmarried and under 18 years. Financially dependent children over 18 may also be eligible.
3. Other Dependents: Certain dependent relatives may be eligible under specific conditions.

Note: All family members must meet relevant eligibility and documentation criteria.

Your Questions Answered

How many streams are available under the 186 Visa?

There are three streams: Temporary Residence Transition (TRT), Direct Entry (DE), and Labour Agreement, each designed to address different eligibility pathways for skilled workers.

Who qualifies for the Temporary Residence Transition (TRT) stream?

The TRT stream is for applicants who have worked with the same employer in Australia on a Subclass 482 Visa for at least two years and have been nominated for a permanent role.

Do I need a skills assessment to apply for the 186 Visa?

A skills assessment is required for applicants under the Direct Entry stream but generally not for the TRT stream. Certain occupations and situations may also be exempt.

Can my family come with me on a 186 Visa?

Yes, you can include eligible family members such as your spouse, de facto partner, dependent children, and in some cases, other dependent relatives.

Is there an age limit for applying?

Applicants generally need to be under 45 years of age at the time of application, although there are specific exemptions for certain high-skilled positions and other criteria.

Can this visa lead to Australian citizenship?

As a permanent resident, you can apply for citizenship after meeting residency requirements, generally including four years of lawful residence in Australia, with at least one year as a permanent resident.

What happens if my employer's nomination is refused?

If your nomination is refused, it may affect your visa application. However, you may have the option to appeal the decision or reapply with a different sponsor if eligible.

Do I need to stay with the same employer after my 186 Visa is granted?

Once granted, your Subclass 186 Visa does not tie you to your sponsoring employer. However, it is expected that the initial employment commitment is genuine.

Is there a minimum salary requirement for the 186 Visa?

Yes, employers must offer a salary that meets or exceeds the Temporary Skilled Migration Income Threshold (TSMIT) and the market rate for the nominated role.

Can I apply for the 186 Visa from outside Australia?

Yes, eligible applicants can apply for the Subclass 186 Visa from within or outside Australia.

Can employers recover nomination costs from employees?

No, employers are not allowed to recover nomination or Skilling Australians Fund (SAF) levy costs from visa applicants. Employers are responsible for these fees as part of their sponsorship obligations.

What happens if I change my occupation after being granted a 186 Visa?

As a permanent visa holder, you are not restricted to your original occupation, providing flexibility in your career options.

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