Australia’s skilled work visas are designed for international skilled workers who plan to migrate to Australia and develop their professional careers here. The subclass 186 visa is one such visa in which an Australian employer needs to nominate and sponsor an overseas employee who can fulfill the needs of a specific job role. The nominated employee can be either outside Australia or inside Australia as a temporary resident at the time of nomination. This blog discusses several factors you should know before you make your application.
What is Employer Nomination Scheme 186 Visa?
The Visa Subclass 186 or the Employer Nomination Scheme Subclass 186 is also known as an ENS Visa 186, allowing a nominated worker to stay and work in Australia permanently and enjoy permanent residency rights. Three streams under this visa are Temporary Residence Transition Stream, Direct Entry Stream, and Labour Agreement Stream.
Eligibility Requirements for The Nominating Employer
The employer must meet the following criteria for nomination.
- The business should be based and lawfully running in Australia.
- The employer must provide evidence for the genuine necessity for a skilled worker in the nominated job position.
- The company should be able to employ a person in that role for at least 2 years.
- The position should be paid and full-time.
- The post should be available for a minimum of 2 years from the date of the visa grant.
- Availability of the position on the relevant skilled occupations list is necessary. In this case, the occupation should be on the Medium and Long-Term Strategic Skills List.
- The annual salary for the employee should be at least $53900.
- The employer must make sure that the international individual enjoys the same benefits and rights in the workplace as an Australian individual.
How Can You Be Eligible For the ENS Visa?
The three separate streams of the ENS Visa have different eligibility criteria, and thus it will be vital to choose the correct stream. Go through the following 186 Visa conditions to check whether they apply to your qualifications.
Temporary Residence Transition Stream
- You should have stayed in Australia for a minimum of 4 years with a 457 or 482 Visa Subclass. Without this condition, you cannot be considered as a full-time employee in the position. In Australia, a full-time employee works for 35 hours a week.
- You have to prove that you can genuinely perform the job responsibilities for the nominated role.
- Competent English is essential.
- Your age must be equal to or less than 45 years.
- For licensing or professional registrations, you must meet specific requirements.
- You must satisfy relevant health and character requirements.
- If you have applied for or held the 457 Visa before 18 April 2017, you can get the nomination after working for only 2 years with your sponsor in an occupation listed on STSOL (Short-Term Skilled Occupations List) or MLTSSL.
- However, applicants who have applied for a 482 or 457 Visa after 18 April 2017 need to work for at least 3 years. Their occupation should be listed on the MLTSSL.
Direct Entry Stream
For this stream also, your occupation should be included in the MLTSSL. Other requirements are as follows.
- You must undertake a skills assessment conducted by a relevant assessing authority.
- At least 3 years of experience in the post-qualification period is necessary.
- A competent level of English fluency is required.
- Your age should not be over 45 years.
- Specific licensing and professional registration criteria are needed.
- You should meet health and character requirements.
Labour Agreement Stream
This stream is for the applicants who are currently employed or want to work with a sponsoring employer with a labor agreement with the Australian Government.
How Can You Add Your Family Members To This Application?
The Subclass 186 Visa provides the benefit of including family members in the application. However, you must note that you can only have your immediate family members.
- Your spouse or de facto partner of the same or opposite sex can be included in the application. In that case, you will have to prove that the relationship is continuing and genuine.
- You can also add your dependent child or any child from your or your partner’s previous relationship.
- Dependent children must be preferably under 18 years of age. If you have to include children over 18, but below 23, you have to provide dependency proof and prove that they are not married.
You Will Not Need To Continue Working In The Same Employment Position
One of the eligibility of the Employer Nomination Visa 186 is demonstrating occupational skills for that specific job position. However, if you think you have to continue working in the same occupation after getting your visa, you will be wrong. There is no such condition attached to this visa.
The Application Procedure Involves Five Steps
If you satisfy all the general and stream-specific requirements, you can choose your stream and start the application procedure. According to the requirements of the streams, the documents will be different. But usually, you will be required to complete the following steps to apply. As an application rejection may be costly, it will be crucial to be careful about the procedure.
Step 1: To-do list before you apply
In the first step, an Australian business should show interest to nominate you. Once they are willing to sponsor you, you can now make arrangements for your health check-ups and skills assessment.
- If you think you need professional guidance from an immigration agent in Perth, you should decide before completing the application. The reason is that you will need to submit related documents for it.
- After the nomination is submitted, the employer receives a Transaction Reference Number (TFN). You should also have this information with you.
Step 2: Gather your documents
Once all the procedures mentioned are completed, you should gather all the documents and submit them along with the application. For different streams, documents will be different, so you should take extra care in this step.
Step 3: Apply online
For an online application, you will need an ImmiAccount on the Department of Home Affairs website. To upload documents, you will need scanned copies.
Step 4: Submit additional documents
Once the Department receives your application, they will inform you about it. The waiting period maybe 6 to 20 months depending on the stream, during which you may need to submit documents like biometrics, health checkups, etc.
Step 5: Application outcome
Finally, you will know about your application outcome via email sent by the Department.
Keep In Mind The Visa Processing Time
The 186 Visa processing time will be different for the three streams:
- It is 17 to 21 months for Temporary Residence Transition Stream applications.
- It is 7 to 10 months for applications under the Direct Entry Stream.
- For the Labour Agreement Stream, applications get processed in 7 to 11 months.
Take help from a migration agent in Perth
If you want to help with an Employer-Sponsored Visa application for Perth, it will be better to search for migration agents in Perth. They will be the best individuals to offer you reliable advice.