If you’re a skilled worker looking to call Australia home, then the Employer Nomination Scheme (Subclass 186) visa could be just the ticket. This permanent residency visa is designed for workers who have an Australian employer ready to nominate them. There are a few steps involved, but the chance to work and live in Australia is definitely worth the effort.
Understanding the Subclass 186 Visa
This visa has been designed to allow skilled workers to live and work in Australia permanently. It is employer-nominated, so it’s more challenging to get than other visas, but the permanent residency makes it worth it. There are three streams under this visa category: the Direct Entry stream, the Labour Agreement stream, and the Temporary Residence Transition stream.
The Direct Entry Stream
This process requires a nomination from a local Australian employer, and the occupation must be on the eligible skilled occupation list. If approved, this allows you to stay in Australia permanently. You arrive directly from your country of origin.
The Labour Agreement Stream
This stream is for employers who are party to a labour agreement. You must be nominated by the employer and have an occupation which is deemed ‘skilled’ and on the skilled occupation list. It allows you to live and work in Australia permanently.
The Temporary Residence Transition Stream
This employer-nominated scheme requires that you must have worked for your current employer already, full time for at least three years. It required a 457, TSS, or other bridging visa. The 186 visa allows you a permanent stay in Australia and continues from your current Australian home.
The Application Process
The application process is relatively straightforward, but it does require careful attention to detail. The steps are:
- Check that you’re eligible for this visa.
- Get your employer to sponsor you under the direct entry stream and get the Transaction Reference Number (TRN) from them.
- Get all your paperwork together, do relevant skills assessment, English tests, and all other eligibility criteria tests.
- Apply for the visa within six months of being nominated.
- If the immigration department asks for more information, provide it as quickly as possible.
- Wait for the outcome of your application.
Processing Time
The processing time varies depending on the stream. For the Direct Entry stream, 75% of applications are processed within 83 days, and 90% are processed within six months. For the Temporary Residence Transition stream, 75% of applications are processed within six months, and 90% of applications within ten months. There are no available numbers for the Labour Agreement stream due to its low usage.
Fees
The direct entry stream, labour agreement stream, and temporary residence transition stream all cost from AU$4,115.
Eligibility Criteria
The eligibility criteria for this visa are quite comprehensive. You must be skilled, nominated by an Australian employer, be under 45 years of age (with some exceptions), meet health and character requirements, have an occupation on the skilled occupation list, and meet minimum English standards. You also should not have any debt to the Australian government or have had a previous visa cancelled or refused.
Required Documents
Documents that may be required for the application include:
- English competency certificate dated within the last three years.
- Police certificates proving good character.
- Form 80 for character assessment.
- A character statutory declaration.
- Skills assessment for occupation or proof of industry body registration.
- Skills assessment exemption documents (if applicable).
If you’re an employer seeking to nominate a foreign worker under this visa scheme, I’d recommend consulting with an immigration lawyer or a registered migration agent. They can provide expert guidance based on a detailed understanding of your business and the position in question, as well as their knowledge of Australian immigration law and policy.
