Employer Nomination Scheme (Subclass 186)

When an Australian business nominates a skilled foreign worker, including one from the United Arab Emirates, to work in Australia, the worker is granted permanent residency under the business Nomination Scheme (ENS) Subclass 186 visa.

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The Employer Nomination Scheme (Subclass 186) provides a pathway to permanent residency for skilled workers looking to live and work in Australia. Employers can nominate candidates for this visa when they cannot find a suitable Australian citizen or permanent resident for the position. The scheme is divided into three streams:

  • Direct Entry Stream: Designed for skilled workers with little to no work experience in Australia.
  • Labour Agreement Stream: For skilled workers nominated by an employer through a labour agreement.
  • Temporary Residence Transition Stream: For holders of a Subclass 457 or TSS visa who have worked for their employer for at least three years.

 
Each stream has specific requirements. Generally, the visa provides permanent residency, and the application fee begins at AUD 4,640. Applicants must meet health and character requirements, have the necessary skills and qualifications, and comply with Australian laws and visa conditions.
 

Direct Entry Stream

  • About the Stream: Designed for skilled workers who are new to Australia or have only briefly worked there. Suitable for applicants from abroad or those not eligible for the Temporary Residence Transition stream.
  • Staying Options: Grants permanent residency in Australia.
  • Fees: Application fees for the visa start from AUD 4,115.
  • Processing Time: Generally ranges from 6 to 8 months for most applications.
  • Must Follow Guidelines: Applicants must be nominated by an Australian employer, have a relevant occupation, at least three years of relevant work experience, and meet the criteria for skills, qualifications, and English language proficiency.

 
Important Note: A skill assessment is mandatory for this stream. English proficiency equivalent to an IELTS score of 6 in each module is required. Additionally, secondary applicants over 18 years must demonstrate Functional English ability (Overall IELTS 4.5 or equivalent) within the past 12 months.
 

Labour Agreement Stream

  • About the Stream: Designed for skilled workers nominated by an employer under a labour agreement, which are agreements between the Australian government and employers to address specific skill shortages in the Australian labour market.
  • Staying Options: Grants permanent residency in Australia.
  • Fees: Visa application fees start at AUD 4,115.
  • Processing Time: Varies based on the complexity of the labour agreement.
  • Must Follow Guidelines: Applicants must be nominated by an employer with a labour agreement with the Australian government, meet the specified age, skills, and English language requirements of the labour agreement, and comply with all other visa conditions.

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

There is no 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 set to be revised on 1st July, 2017.

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

Temporary Residence Transition Stream

  • About the Stream: Designed for Subclass 457 or TSS visa holders who have worked for their nominating employer in Australia for at least three years and are being offered a permanent role.
  • Staying Options: Provides permanent residency in Australia.
  • Fees: Visa application fees begin at AUD 4,115.
  • Processing Time: Usually between 6 to 8 months for most applications.
  • Must Follow Guidelines: Applicants must have been employed full-time by their nominating employer for at least three years, show a genuine need for the position, and meet the necessary skills and qualifications. The employer must also adhere to Australian immigration and workplace laws.

 
Important Note: This stream does not require a skill assessment. However, applicants must have an English proficiency level equivalent to IELTS 5 in each module unless exempted. Additionally, any secondary applicants over 18 years old must demonstrate Functional English ability (Overall IELTS score of 4.5 or equivalent) within the last 12 months unless exempted.
 

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

 

Advantages of the 186 Visa

With the 186 visa, you and your family members included in the application can:

  • Reside, work, and pursue education in Australia without any time limit
  • Utilize Medicare for healthcare needs
  • Apply for Australian citizenship once eligibility requirements are satisfied
  • Sponsor qualified relatives for permanent residency in Australia
  • Make multiple trips to and from Australia for a duration of five years from the date the visa is granted

 

Eligibility Criteria for Applicants

As an applicant for this visa, you must:

  • Be below 50 years of age, unless you qualify for an age exemption
  • Receive a nomination from an Australian employer who is legally operational in Australia
  • Apply for the visa within 6 months of being nominated
  • Hold the required skills and qualifications for the nominated role
  • Demonstrate English language proficiency, unless exempted
  • Pass health and character assessments
  • Fulfill the criteria of the stream you’re applying under

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

As of March 2018, the maximum age limit for all 186 visa applicants is set at 45 years or below. Additionally, applicants for the Temporary Residence Transition Stream must have a minimum of three years of relevant work experience.
 

Eligibility Criteria for Nominating Employers

To be eligible as a nominating employer for this visa:

  • You must be operating legally and actively within Australia
  • You must have met the training benchmark requirements (A or B) of either 1% or 2%
  • You must have a genuine need to fill a skilled position on a full-time basis for a minimum of 2 years
  • You must have complied with Australian immigration and workplace laws
  • You must provide a salary that is in line with industry standards
  • You must fulfill the criteria of the specific stream you are nominating under (i.e., Temporary Residence Transition, Direct Entry, or Agreement)
  • There should be no discrepancies or conflicting information related to you or your business

 

Health & Character Requirements

You and any included family members in the application must provide:

  • Certificates of medical examinations conducted within the last 12 months before the visa application submission
  • Police clearance certificates showing no criminal records in the past ten years

 

Eligible Family Members

In your visa application, you can include:

  • Your spouse or partner
  • Your or your partner’s children or stepchildren

 
Applying for the 186 Visa demands meticulous attention. From obtaining a positive skill assessment to identifying the correct stream and satisfying exemption criteria for age, skills, and English, the process can be intricate.

At Aussizz Group, our team of seasoned and professional migration agents has assisted numerous applicants in successfully navigating the Employer Nominated visa process. With more than 8 years of experience in the immigration sector, we are adept at assessing your eligibility, choosing the suitable stream, and ensuring a favorable outcome.

Start your journey with us today! We are dedicated to helping you achieve your objectives!