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Employer Nomination Scheme - Subclass 186 - gemservice

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Employer Sponsored Visa

Employer Nomination Scheme - Subclass 186

When sponsored by an employer, employees can gain permanent residency in Australia with a subclass 186 Employer Nomination Scheme visa. This program allows businesses to support employees to take jobs anywhere in Australia. Subclass 187 Regional Sponsored Migration Scheme visas are the best option for most people if the position is located outside of Australia’s major cities because they have fewer applicants’ restrictions and lower sponsors’ fees.

Subclass 186’s direct entrance process is highlighted below. See the Temporary Residence Transition and Labor Agreements pages for details on the alternative options.

Stream with Direct Entry

Employers can propose individuals for permanent residence through the direct entry stream if those workers meet specific criteria, such as not holding any other visa and not having negotiated a labor agreement. The straightforward entry stream procedure for subclass 186 consists of two phases:

  1. A nomination application is filed by the employer, outlining the position and the nominated individual.
  2. The worker applies for a work visa.

Even if both the nomination and the application are submitted on the same day, the nomination will be reviewed first and must be accepted before the application may be accepted.

The temporary residence transition stream

The Temporary Residence Transition Stream (TRT) accepts applications from two types of applicants;

  • People who applied for or held a 457 visa before April 18, 2017, and
  • people who applied for a 457 or 482 visa after that date.

Under the Department of Home Affairs’ grandfathering procedures, if you applied for and were granted a 457 visa before April 18, 2017, you are eligible to apply for the 186 visas after working for your sponsor for two years. A person’s age cannot be more than 50 years old in this scenario.

To apply for the 186 visa after working for your sponsor for three years as a 457/482 visa holder, you must first have an occupation listed on the MLTSSL, which is only available to those whose visas were awarded on or after April 18, 2017. This category of candidates is ineligible for the 186 visa if they are in a profession included in the STSOL. Suppose an applicant’s occupation is listed on the STSOL. In that case, they will not be eligible to apply for a subclass 186 visa unless they live in a regional area and have worked for the nominating employer for at least three years while holding a 457 or 482. All applicants in this category must be under 45 years old.

To be considered for this category, candidates must prove that they earned the pay indicated on their 457/482 nomination for each year in question.

The agreement stream

Those with an employer-sponsored Temporary Work (Skilled) Subclass 457 visa and who have entered into a labor agreement are eligible to apply through the Agreement Stream. You need to be of the minimum age, have the required abilities, and be fluent in English to be considered.

Nomination criteria

Several requirements must be met before a nomination can be accepted in the direct entrance stream of the Employer Nomination Scheme.

  1. Invest a set sum annually in training Australian staff or contributing to a training fund for the sector.
  2. The nominated business must prove that it is legitimately doing business in Australia.
  3. Providing evidence that the position is full-time and guaranteed to last for at least two years, with possible extensions beyond that
  4. Offering assurances to Australia’s Immigration Department that the nominee will be treated no worse than the sponsor’s Australian workers.
  5. Designating a job title from the Short Term Skills Shortage List

Visa eligibility criteria

The primary requirements for a direct entry stream subclass 186 Employer Nomination Scheme visa are:

  1. Completing a skills evaluation for the nominated position; Possessing an adequate level of English (IELTS 6 or equivalent);
  2. Having a ripe old age of between 18 and 45.
  3. Applicants above the age of 45 may face some restrictions.
  4. Acceptable levels of health and morality

Common problems for applicants and sponsors

We have found the following to be the most common stumbling blocks for those seeking to immigrate to Australia via the Employer Nomination Scheme:

  1. If you want your nomination to be considered, select the appropriate profession. You cannot alter your mind about the nominated occupation once the application has been submitted; it may determine whether or not your visa application is approved.
  2. Suppose you have not met the English proficiency requirements within the past three years. In that case, you should take an English proficiency exam as soon as possible after deciding to apply for a visa through the Employer Nomination Scheme.
  3. Keep in mind the terms and circumstances of your current visa if you wish to apply from within Australia. It might be disastrous to let access expire without renewing it, even if you plan to use it for a new one the following day.

If you need help determining your chosen occupation, selecting an appropriate English language exam, or staying up-to-date on the status of your visa application, Gem Services is here to help.

Subclass 186 direct entry applicant FAQ

Applications from both inside and outside Australia will be accepted.

The visa can be obtained either before entering Australia or after entering Australia.

Families with minor children and spouses/de facto partners are included. Your adult children must rely on you for financial support.

Unfortunately, the health criterion cannot be waived for this visa.

This visa is valid indefinitely and has a five-year validity period for travel. You’ll be able to stay in Australia indefinitely, but after five years, you’ll need to apply for a resident return visa if you wish to visit again.

Visa Details

Visa Subclass:
186
Length of stay:
Permanently
Cost:
From AUD 4,115
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