Employer Nomination Scheme Visa 186: Understanding Your Options

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Key Takeaways:

The Employer Nomination Scheme Visa 186 allows skilled workers to live and work permanently in Australia if nominated by an eligible employer.
The visa includes three streams: Direct Entry, Labour Agreements, and Temporary Residence Transition, each with specific eligibility requirements.
Applicants and employers must provide detailed documentation, meet skill and language criteria, and adhere to nomination processes for successful applications.

What is the Employer Nomination Scheme Visa 186?

Employer Nomination Scheme Visa 186: Understanding Your Options

The Employer Nomination Scheme Visa 186 is a permanent work visa that allows skilled foreign workers to live and work in Australia. To qualify, applicants must be nominated by an eligible Australian employer. This visa facilitates a pathway to permanent residency for individuals who meet specific criteria.

The visa is divided into three streams, each tailored to different circumstances and qualifications. It’s essential to understand which stream applies to you before beginning the application process.

What are the Streams for the Employer Nomination Scheme Visa 186?

There are three main streams available under the Employer Nomination Scheme Visa 186:

Direct Entry Stream
Labour Agreements Stream
Temporary Residence Transition Stream

Direct Entry Stream

This stream is for individuals who meet the skills requirements and have relevant experience in the nominated occupation. Your employer can nominate you for any job listed in the skilled occupations list.

Labour Agreements Stream

This stream applies if your sponsor is part of a labour agreement. These agreements allow Australian employers to bring overseas workers to Australia when there is a shortage in the local market and other visa options aren’t available.

Temporary Residence Transition Stream

This stream is suitable for those who currently hold or have previously held a temporary work visa subclass 457 or 482 and wish to stay in Australia permanently.

How to Get an Employer Nomination for Visa 186?

To get a nomination for Visa 186, follow these steps:

Have an Eligible Sponsor
- Your employer must meet eligibility criteria, which may vary depending on which stream you are applying for.
Have an Eligible Occupation
- Your occupation must be listed in the skilled occupation list. You should also meet the skills assessment criteria.
Your Sponsor Applies for You
- If both you and your employer meet the criteria, the employer can lodge a nomination application through the ImmiAccount, including a fee of AUD540.
Skillings Fund Fee
- The sponsor must pay a skillings fund fee. This is AUD3,000 for businesses with a turnover less than AUD10 million and AUD5,000 if the turnover exceeds AUD10 million.

What Documents Do You Need for Visa 186?

For a successful application, you will need to submit various documents. Here is the document checklist:

For the Applicant

Valid passport
Identification documents
Character documents
Documents proving English proficiency
Skills assessment (if required)
Qualifications and work experience details
Licensing, membership, and professional registration documents (if applicable)

For Your Partner

Identification documents
Marriage certificate
Proof of relationship
Evidence of English proficiency

For Children Under 18

Birth certificate
Identity documents
Parental consent form 1229
Statutory declaration

For Children Over 18

Identity documents
Proof of relationship
Proof of dependency
Evidence of current studies
Form 47a
Evidence that you have financially supported your family member for at least one year

What Documents Does an Employer Need to Provide?

Your employer needs to submit specific documents when nominating you for the Employer Nomination Scheme Visa 186:

Employment contract
Evidence of paid levy fee
Proof of annual salary rate (if applicable)
Proof that the business is legally permitted to operate
Financial statements
Business activity documents
Detailed business organisational chart
Health workforce certificate (if applicable)

Do You Meet the English Language Requirements for Visa 186?

You must provide evidence of your English proficiency. Acceptable tests include IELTS, TOEFL, PTE Academic, and others. Please note that as of now, due to COVID-19, some tests taken at home are not accepted by the Immigration Office.

For visa 186, you must have either a functional level or a competent level of English, depending on the stream:

Functional Level: Required for Direct Entry and Labour Agreement streams.
Competent Level: Required for the Temporary Residence Transition stream.

How to Show Functional English?

Provide one of the following:

Proof of citizenship or passport from an English-speaking country (e.g., UK, USA, Canada, New Zealand, Ireland)
Evidence of completing a degree with English instructions
Proof of education in an English-speaking institution

How to Show Competent English?

Provide evidence of one of the following:

Citizenship or passport from an English-speaking country
Scores from international English tests, such as IELTS, TOEFL, PTE Academic, or OET (Occupational English Test)

What is the Application Process for Visa 186?

Follow these steps to apply for the Employer Nomination Scheme Visa 186:

Valid Nomination
- Ensure you have an approved nomination before submitting your visa application.
Get Your TRN
- Upon approval, your sponsor will receive a transaction reference number (TRN).
Apply for the Visa
- Submit an online application via the ImmiAccount, including the visa fee of AUD4,045. Additional fees may apply for family members.

How Long Does it Take to Process a 186 Visa?

The processing times for a 186 visa vary:

Direct Entry Stream: 6 to 11 months
Labour Agreement Stream: 7 to 11 months
Temporary Residence Transition Stream: 14 to 18 months

How Long Does a Nomination Take to Process?

The nomination for a 186 visa can take up to 6 weeks to process. Once approved, you have six months to apply for the visa.

What Obligations Do You Have with a 186 Visa?

To maintain your visa status, you must:

Work for your sponsoring employer for at least two years
Commence employment within six months of entering Australia or since the visa is granted if you are already in Australia
Abide by all Australian laws

What is the Temporary Skilled Migration Income Threshold (TSMIT)?

Your sponsor is required to pay you at least the TSMIT, which is currently AUD53,900. Non-monetary benefits are not included in the TSMIT.

Can You Travel with a 186 Visa?

With a 186 visa, you can travel freely only for five years. After this period, you must apply for a resident return visa (RRV) to extend your travel facility. Without an RRV, re-entry into Australia as a permanent resident may be denied after five years.

What to Do If Your Visa 186 is Rejected?

Your visa 186 application might be denied due to various reasons, such as withdrawal of nomination or availability of the work position. In such cases:

Your nomination is withdrawn.
The work position is no longer available.
The Immigration office finds dubious information surrounding you, your sponsor, or any person associated with you.

“You won’t be able to get a new nomination for an already existing visa. Therefore, you may have to withdraw your visa application and apply for a new visa with a new nomination.”

What Occupations Are Eligible for Employer Nomination Scheme?

The occupation list contains the available jobs for work visas and the skill levels required. Each work position has its own ANZSCO code, representing the requirements for that occupation. Ensure your occupation is part of this list, and your sponsor must provide evidence fulfilling the eligibility criteria when nominating you.

For detailed occupation lists and criteria, refer to the official occupation list.

This comprehensive guide covers all aspects of the Employer Nomination Scheme Visa 186. Adherence to the eligibility criteria and accurate document submission can facilitate a smooth application process, paving the way for permanent residency in Australia.

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Glossary of Terms for Employer Nomination Scheme Visa 186

Employer Nomination Scheme Visa (Visa 186):
A permanent work visa that allows skilled foreign workers to live and work in Australia, provided they are nominated by an eligible Australian employer.
Direct Entry Stream:
A stream under Visa 186 for individuals who meet specific skills requirements and have relevant experience in the nominated occupation listed in the skilled occupations list.
Labour Agreements Stream:
A stream under Visa 186 applicable to candidates whose sponsors are part of a labour agreement, enabling employers to address critical skill shortages in the Australian labour market.
Temporary Residence Transition Stream:
A stream under Visa 186 for those who hold or have previously held temporary work visas (subclass 457 or 482) and seek to transition to permanent residency in Australia.
Temporary Skilled Migration Income Threshold (TSMIT):
The minimum annual salary that an employer must pay to a sponsored worker under Visa 186, currently set at AUD53,900, excluding non-monetary benefits.

This Article In A Nutshell:

Employer Nomination Scheme Visa 186 is a pathway to Australian permanent residency for foreign skilled workers. Three streams cater to varied circumstances. Nomination entails eligibility and occupation criteria. English proficiency is crucial. Visa entails obligations, travel regulations, and income threshold. Ensure detailed documentation for a successful application.
— By VisaVerge.com