About Employer Nomination Scheme visa 186

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Employer Nomination Scheme 186

Basic Information – Relevant to Individuals, Employer Sponsored Individuals and Employers
Information Source – Australian Government – Department of Home Affairs

 

The 186 Employer Nomination Scheme Visa is a permanent residency visa for skilled workers. It allows you to work in Australia under one of three streams, Temporary Residence Transition stream, Direct Entry stream and Agreement stream. You must be nominated by an approved Australian employer be under 45 years of age, meet the skills, qualifications and English language requirements and meet the other requirements of one of the streams of this visa.

Eligibility

General

• have been nominated by an Australian employer and this nomination has been approved within the six months before you apply – see Employers
• are under the age of 45 at the time of application
• at the time of application, have the required skills and qualifications for the position you have been nominated for – including holding (or being eligible for) any mandatory registration, licence or professional membership
• at the time of lodgement, have appropriate English language skills
• meet health and character requirements
• meet the requirements of the stream in which you apply.

Other Requirements

• You can apply for this visa only after you have been nominated by your employer in Australia. You must lodge your application within six months of the nomination being approved. You must apply for the visa in the stream and occupation in which your employer nominated you, or your application could be refused.
• Even if you are older than 45 years of age, you can still apply for this visa in certain circumstances – see Age, Skill and English requirements and exemptions.

Important: you may also be able to apply for a visa under the TRT stream if you are over 45 years of age but under 50, if transitional arrangements apply because you either held, or were an applicant for, a subclass 457 visa (which was subsequently granted) on 18 April 2017.

• You can show that your English is adequate by providing evidence at the time of application – see Age, Skill and English requirements and exemptions.

Health

• You must meet certain health requirements. The results of your health examinations are generally valid for 12 months. This applies to all members of your family unit included in your application, whether they are migrating or not.
• You are able to organise your health examinations upfront before lodging a visa application.

Character

• You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to. This applies to you and all the dependent family members listed in your application, whether they are migrating or not

Location

• You can be in or outside Australia when you apply. If you are in Australia, you must hold a substantive visa or a bridging visa A, B or C.

Benefits

• It lets you and any member of your family unit who has also been granted this visa to:
• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• apply for Australian citizenship (if you are eligible)
• sponsor eligible relatives for permanent residence
• travel to and from Australia for five years from the date the visa is granted (after that time, you will need a resident return visa or another visa to return to Australia)

Obligations

• You and your family must comply with all visa conditions and Australian laws

Government

• Government visa fees from AUD 3,755
• This visa is paid in two parts, called instalments:

• Pay the first instalment when you lodge your application.
• Pay the second instalment when we tell you to. You will not be granted the visa unless it is paid
• Other costs:

• You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements. There is also a fee for additional family members who are coming to Australia with you.

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Temporary Residence Transition (TRT) stream

General
• This stream may be available if your employer wishes to sponsor you for permanent residence.
• You may be eligible under this stream if you hold either of the following:

• Temporary Skill Shortage (TSS) visa (subclass 482) – in the medium-term stream unless transitional arrangements apply
• Temporary Work (Skilled) visa (subclass 457) – not granted under labour agreement arrangements or
• related associated Bridging visa
and have worked for your employer full-time in Australia on your TSS and/or subclass 457 visa(s) for at least:
• three out of the previous four years (before the nomination is made) in the same position that they have nominated you for or
• two out of the previous three years before the nomination is made, if transitional arrangements apply because you either held, or were an applicant for, a subclass 457 visa (which was subsequently granted) on 18 April 2017.

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Direct Entry (DE) stream

General
• If you do not meet the requirements under the TRT stream (for example, because you have never, or only briefly worked in Australia), this stream may then be available if your employer still wishes to sponsor you for permanent residence.

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Labour Agreement (LA) stream:

General
This stream may be available if your employer wishes to sponsor you for permanent residence and has entered into a labour agreement with the Department that provides for a permanent residence pathway. See Labour agreements

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EMPLOYER INFORMATION:

All Streams

General
Who can nominate a skilled worker for this visa?
You can nominate a skilled worker for this visa if:

• there is no adverse information known about your business or any person associated with your business, or it is reasonable to disregard this information
• the worker holds (or is eligible for) any mandatory registration, licence or professional membership
• you comply with Australian immigration and workplace relations laws
• you meet the additional requirements of the stream you have nominated the worker for. See:

Temporary Residence Transition stream
Direct Entry stream
Labour Agreement stream

MIGRATION LAWYER | MIGRATION AGENT

Shanthi Silva was admitted as a Lawyer in the Supreme Court of the State of New South Wales, Australia in February 2010. Shanthi is also qualified as a Bachelor of Business with major studies in Industrial Relations and Human Resource Management. Having worked in Government, Industry and Corporate sectors her legal experience includes Compliance law, Industrial Relations and Employment law, and Migration law.

Qualifications
LLB, Grad. Dip Legal Practice
B.BUS (Industrial Relations & Human Resource Management)

LICENCE

Migration Agent

Note: The Australian Government grants Migration Agent Licences to individuals, not corporations. The Migrations Services provided are under the authority of the Migration Agent Licence held by our principal Migration Lawyer, Shanthi Silva.