Immigration Services Australia

Visa 186 - Employer Nomination Scheme (subclass 186):
Skilled workers are constantly needed by many Australian businesses where employers are unable to find suitable Australians to do the work employers are able to look to overseas and sponsor skilled workers through a 186 visa, in the first instance for up to 4 years.

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Visa 186 process:

Employer requirements:

• Obtain approval as a business sponsor.

• Nominate the area of work (position) to be filled.

• As a sponsor, show the business is lawfully operating and is reputable and appropriately registered.

• That the sponsor will be the direct employer of the worker (applicant) and the sponsorship benefits Australia.

• Establish the need for a paid overseas employee in a full-time position.

• The nominated position must be on the list of approved occupations which includes tradespeople as well as professionals.

• The tasks to be performed by the employee and what skills and experience are necessary are to be specified by the employer.

• Show the amount to be paid to the employee being at least the minimum salary specified by the government for migration purposes.

• As the sponsor, commit to the obligations of providing the employee with all acceptable working conditions.

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Employee Requirements:
Once the sponsor nominates, an employee that is from overseas:

• Applicants for a visa to fill the nominated position.

• Must show they have the training, qualifications and experience necessary to fill the position.

• Produce their qualifications and employment references and may be prepared to take a skills assessment.

 

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186 visa - three main streams:

• Direct Entry Stream 

Applicants with the skills in an occupation from the skills occupation list nominated by an Australian employer, with at least 3 years of relevant work experience.

• Labour Agreement Stream 

Applicants sponsored by an employer who has a labour agreement in place.

• Temporary Residence Transition 

A stream for applicants holding a 457/TSS visa and who have worked with their nominating employer full-time for at least three years before seeking nomination for this visa and having formally qualified in the occupation for which they were employed.

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186 Visas:
Approval for a Subclass 186 visa allows:

• Staying in Australia indefinitely to work and study.

• Enrolment in Australia’s public health care scheme, Medicare.

• Sponsoring of family members to also come to Australia.

• Travel to and from Australia for up to five years, travel after the five years requires an application for a Resident Return Visa leading to the re-entering Australia as a permanent resident.

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Residency Return Visa:
Once approved for a 186 Visa, and satisfying the residency requirements, this path leads to being eligible to apply for Australian citizenship.

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186 Visa is a Direct Entry path to Australia, and requires:

• The applicant’s employment contract.

• Evidence of active and lawful business.

• Letter from the business’s accountant.

• Business’s current lease agreement.

• Show the business’s records for last two financial years or business tax returns with associated tax assessment notices.

• Evidence of a genuine need for a paid employee, with details of the business’ structure, and a description of the job offered specifying the tasks and duties of the position.

• It may also be necessary to show that the position is currently occupied by a temporary resident, that there has been an increase in the business’ activity, the supporting appropriate market research, business plans detailing proposed expansion and timelines for it.

• Establish that the business will pay the annual market salary rate.

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Requirements for Applicants:
Identity documents:

• A national ID card (if applicable).

• Marriage certificate.

• Passport.

• Birth certificate.

• Licencing, registration or membership - evidence of any licence, registration or professional affiliation which is mandatory to perform the nominated occupation.

• Skills and qualification documents – evidence of skills and qualifications such as a certificate or diploma in the occupation nominated.

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English:

Needs to be competent English which is shown by:  

• Providing evidence of having obtained English Language test results: IELTS – at least 6 for each of the four components; PTE – at least 50 for each of the four components.

• Having conducted the test within three years of the date of application.

 

Health & Character:

• If over the age of 16, having spent at least a total of 12 months or more in Australia in the recent ten years - Australian police certificate.

• If over the age of 16, having spent at least a total of 12 months or more in a country – an overseas police certificate from every such country, including the home country.

 

Partner:

• An applicant in a relationship, will need to provide their partner’s identity documents, character documents, marriage certificate/or enough documents to prove a de facto relationship existed for at least 12 months before the application. Evidence of a de facto relationship existing will require documents such as joint bank account statements, joint leases, and other documents that support having both lived at the same address. The partner need only show that they have functional English.

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Temporary Residence Transition Stream:
Requires: 

• Having relevant work experience.

• Employer being the sponsor of full time work full time when the applicant has held a 482 visa or subclass 457 for at least three of the four years before the nomination for the 186 visa, this process is usually simplified by the employer being the same as that which sponsored the temporary work visa.

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186 Visa:
Obligations after granted:

• Obey all Australian laws.

• Begin employment within six months of entering Australia if granted the visa outside Australia or if granted the visa whilst in Australia, the date of the grant.

• Other conditions relate to whether the visa is granted when the applicant is outside of Australia and required to first enter Australia before the date specified by the Minister of Home Affairs and, that if involving a partner, that the applicant has not married (or entered into a de facto relationship) before entering Australia.

 

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186 Visa Applications

• The direct entry stream applications usually take about five (5) months to process.

• Temporary residence transition stream applications are mostly processed in six (6) to nine (9) months.

• All applications are assessed on an individual basis by The Department of Home Affairs. Thus, because each application is assessed on a case-by-case basis, the time it takes to process an application change with individual circumstances.

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NOTE: If under 45 years of age, the overseas applicant can apply for the visa which leads to permanent residency, otherwise a temporary visa does not require the sponsored employee’s age to be under 45 years.

 

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