Employer Nomination Scheme (SUBCLASS 186)

Employer Nomination Scheme (SUBCLASS 186)

If an Australian employer nominates a skilled foreign worker to work in Australia, they can apply for permanent residency under the Employer Nomination Scheme (ENS) Subclass 186 visa.

It is a two-step application process

  • Nomination by an approved Australian Employer for an occupation or position required for business.
  • Visa application by the skilled overseas worker under the nominated stream

The applicants can be in or outside when lodging an application for ENS visa; however, when applying in Australia, it is mandatory to have substantive visa or a bridging visa A, B or C.

Applicants Can Apply for ENS Visa Under Either of the Following Streams

The Temporary Residence Transition Stream

You can be eligible to apply under this stream, if you are 457 visa holder, worked in Australia for last two years (excluding period of unpaid leave) in the same occupation with the nominating employer, who is now ready to offer you a permanent position in that occupation.

Please Note: No Skill Assessment is required under this stream. However, English level equivalent to IELTS 5 (each module) is required unless exempted. Additionally, any secondary applicant who are over 18 need to meet the Functional English ability (Overall score of IELTS 4.5 or equivalent) in last 12 months unless exempted.

The Direct Entry Stream

If you have not been a 457 visa holder, but have work experience for minimum 3 years in your nominated occupation and have an employer to sponsor you for that particular nominated occupation, you can apply under the Direct Entry Stream.

Please Note: that Assessment is mandatory under this stream. However, English level equivalent to IELTS 6 (each module) is required. Additionally, any secondary applicant who are over 18 need to meet the Functional English ability (Overall IELTS 4.5 or equivalent) in last 12 months.

The Agreement Stream

This stream is applicable to those who are sponsored by an employer in Australia through a labour agreement.

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

For STSOL, there is no separate list but a Combined List of Skilled Occupations (including the occupations from both STSOL and MTSSL).

Both STSOL and MLTSSL are due to be revised on 1st July, 2017.

Hence, for 186 visa, the employer should nominate someone for the occupation that is either on STSOL or MTSSL list.

Benefits You Get On 186 Visa

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

  • Live, study and work in Australia for an indefinite period
  • Enrol in Medicare to cover health care costs
  • Apply for Australian citizenship on satisfying the criteria
  • Sponsor other eligible relatives for permanent residence in Australia
  • Visit Australia frequently for 5 years from the date visa is granted
Eligibility Criteria For Applicants

As an applicant, to be eligible for this visa, you must have

  • Age less than 50 years of age unless you are exempt from the age criteria
  • Nomination by an Australian employer who is legally operating in Australia
  • Applied for the visa within 6 months of getting a nomination
  • Required skills and qualifications for the position
  • Evidence of English Language proficiency unless you are exempt
  • Meet health and character requirements
  • Fulfilled the criteria of the stream you applied

**From 1st July 2017, the applicants with 45 years of age or less will be considered eligible for Direct Entry stream.

From March 2018, the maximum age requirement for all the applicants of 186 visa will be 45 years or less. Also, when applying under the Temporary Residence Transition Stream, it is mandatory to have at least three years of relevant work experience.

Eligibility Criteria For Nominating Employers

To be an eligible nominating employer for this visa

  • You must be operating in Australia legally and actively
  • You must have met the training benchmark (A or B) requirements (1 % or 2 %)
  • You must have a genuine requirement to fill a skilled position for full time at least for 2 years
  • You must have complied with Australian immigration and workplace laws
  • You must be paid as per industry standards
  • You must have met the criteria of stream under which you are nominating ( i.e. Temporary Residence Transition, Direct Entry or Agreement)
  • There should not be any contradictory information identified about you or your business
Health & Character Requirements

You and all the family members included in the application must provide

  • Certificates of medical examinations undergone within 12 months of lodging the visa application
  • Police certificates with no criminal convictions in the last ten years
Eligible Family Members

You can include following members in your visa application

  • Your Partner/Spouse
  • Your or your partner’s child/step child

Applying for 186 Visa requires a great level of caution. From obtaining a positive skill assessment to identifying the correct stream and demonstrating exemption requirements for age, skills and English, there are many difficulties in the process that are enough to make your head swim.

At Destination Education and Visa Services, our experienced and highly professional group of migration agents have assisted a great number of applicants successfully with Employer Nominated visas. With an experience of more than 8 years in immigration industry, we are perfectly positioned to assess your eligibility, choosing the right stream and providing a favourable outcome.

Visa Class

Employer Sponsored Visa

The employer-sponsored visa allows Australian employers to sponsor specific skilled labour to serve their business needs…

FAQs About Australia Employer Nomination Scheme (Subclass 186) Visa

The Employer Nomination Scheme (Subclass 186) visa is a permanent residence visa that allows skilled workers nominated by an Australian employer to live and work in Australia permanently.

The Subclass 186 visa has three streams: the Temporary Residence Transition stream, the Direct Entry stream, and the Agreement stream.

The Temporary Residence Transition stream is for 457/482 visa holders who have worked for their employer in the same occupation for at least two years and whose employer wants to offer them a permanent position.

The Direct Entry stream is for applicants who have never, or only briefly, worked in Australia, or those who do not qualify for the Temporary Residence Transition stream.

The Agreement stream is for applicants sponsored by an employer through a labour agreement.

The basic requirements include having an employer willing to sponsor you, meeting the skills and qualifications required for the nominated position, and meeting health and character requirements.

Depending on the occupation and the stream you are applying to, you may need a skills assessment from a relevant assessing authority.

There is no age limit for the Temporary Residence Transition stream. However, for the Direct Entry stream, applicants must be under 45 years of age.

Yes, you can include eligible family members, such as your spouse or partner and dependent children, in your visa application.

Yes, all applicants, except those exempt, must meet the English language requirement. The level of English required depends on the stream and occupation.

Employers must meet various obligations, including providing employment terms and conditions that are no less favourable than those of Australian workers and fulfilling sponsorship and nomination requirements.

If you hold a Subclass 186 visa under the Temporary Residence Transition stream, you can change employers, provided your new employer lodges a new nomination application for you.

Yes, you can apply for the Subclass 186 visa from within Australia if you hold a qualifying visa.

The processing time for a Subclass 186 visa application can vary. It’s advisable to check the Department of Home Affairs website for the most up-to-date processing times.

Yes, if you meet the eligibility criteria, you may apply for Australian citizenship after holding the Subclass 186 visa for a certain period and meeting residency requirements.

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