Australia Employer Nomination Scheme (Subclass 186): A Comprehensive Guide

Understanding the Employer Nomination Scheme (subclass 186)

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If you are looking to migrate to Australia for work purposes, it is essential to understand the Employer Nomination Scheme (subclass 186). This scheme is designed to allow Australian employers to sponsor skilled foreign workers for permanent residency in Australia.

Overview of Subclass 186 Visa

The Subclass 186 Visa is a permanent residency visa that allows skilled foreign workers to live and work in Australia. This visa is granted to individuals who have been nominated by an Australian employer and have the required skills and qualifications for the nominated occupation.

There are three streams under which an individual can apply for the Subclass 186 Visa:

  • The Temporary Residence Transition Stream
  • The Direct Entry Stream
  • The Agreement Stream

Each stream has different eligibility requirements, and it is essential to understand which stream applies to your situation before applying for the visa.

Importance of Subclass 186 Visa

The Subclass 186 Visa is an essential part of the Employer Nomination Scheme, as it allows Australian employers to fill skill shortages in their workforce with skilled foreign workers. This visa also provides opportunities for skilled foreign workers to live and work in Australia permanently.

For individuals, obtaining a Subclass 186 Visa can be a significant step towards building a new life in Australia. This visa provides access to the Australian job market, healthcare, education, and social services. It also allows individuals to bring their families to Australia and provides a pathway to Australian citizenship.

In conclusion, understanding the Employer Nomination Scheme (subclass 186) is crucial for anyone looking to migrate to Australia for work purposes. This scheme provides opportunities for skilled foreign workers to live and work in Australia permanently and allows Australian employers to fill skill shortages in their workforce.

Eligibility Criteria for Subclass 186 Visa

If you are looking to apply for a Subclass 186 Visa, there are several eligibility criteria that you must meet to be considered for the visa. The Employer Nomination Scheme (subclass 186) is a permanent residency visa that allows skilled workers to work and live in Australia. Below are the eligibility requirements that you must meet:

Requirements:

  • You must be nominated by an approved Australian employer
  • You must be under 45 years of age
  • You must have at least competent English language skills
  • You must meet the skills, qualifications, and relevant work experience requirements for the nominated occupation
  • You must meet the health and character requirements

Age Requirement:

To be eligible for the Subclass 186 Visa, you must be under the age of 45. If you are over 45, you may still be eligible for the visa if you meet certain exemptions.

Competent English:

You must have at least competent English language skills to be eligible for the Subclass 186 Visa. This means that you must have a score of at least 6 in each component of the International English Language Testing System (IELTS) test or an equivalent score in another English language test.

Qualifications:

To be eligible for the Subclass 186 Visa, you must have the qualifications required for the nominated occupation. This means that you must have the necessary educational qualifications or work experience required for the occupation.

Relevant Work Experience:

You must have relevant work experience for the nominated occupation to be eligible for the Subclass 186 Visa. This means that you must have experience in the occupation that you are being nominated for.

Health and Character Requirements:

You must meet the health and character requirements to be eligible for the Subclass 186 Visa. This means that you must undergo a health examination and provide a police clearance certificate.

Skills Assessment:

In some cases, you may need to undergo a skills assessment to be eligible for the Subclass 186 Visa. This means that you must have your skills assessed by a relevant assessing authority to determine if your skills and qualifications meet the requirements for the nominated occupation.

The Three Streams of Subclass 186 Visa

If you are an employer looking to nominate an employee for permanent residency in Australia, the Employer Nomination Scheme (subclass 186) might be the right visa option for you. This visa allows Australian employers to sponsor highly skilled workers for permanent residency.

The subclass 186 visa has three streams: the Direct Entry stream, the Temporary Residence Transition (TRT) stream, and the Labour Agreement stream.

Direct Entry Stream

The Direct Entry stream is for applicants who have never, or only briefly, worked in Australia. This stream is suitable for people who are highly skilled and have been nominated by an Australian employer. Applicants must be under 45 years of age at the time of application, and meet the minimum English language requirements. You must also have relevant skills and qualifications in your nominated occupation.

Temporary Residence Transition Stream

The TRT stream is for applicants who have been working in Australia on a temporary basis for at least three years and have been nominated by an Australian employer. This stream is suitable for people who have already been working in Australia on a Temporary Skill Shortage (TSS) visa (subclass 482) or a 457 visa. Applicants must be under 50 years of age at the time of application and meet the minimum English language requirements.

Labour Agreement Stream

The Labour Agreement stream is for applicants who have been nominated by an Australian employer who has entered into a labour agreement with the Australian Government. This stream is suitable for people who have skills and qualifications that are not covered by other visa streams. Applicants must meet the age, English language, and skills requirements specified in the labour agreement.

In conclusion, the subclass 186 visa has three streams, each with its own requirements and eligibility criteria. The Direct Entry stream is for those who have never or briefly worked in Australia, the TRT stream is for those who have been working in Australia on a temporary basis for at least three years, and the Labour Agreement stream is for those who have been nominated by an Australian employer who has entered into a labour agreement with the Australian Government.

Application Process for Subclass 186 Visa

If you are interested in applying for the Employer Nomination Scheme (subclass 186) visa, there are a few steps you need to follow.

First, you must be nominated by an Australian employer who is willing to sponsor you for this visa. The employer must also demonstrate that they have a genuine need for your skills and that they are committed to employing you for at least two years.

Once you have been nominated, you can then proceed with your visa application. You will need to complete and submit the appropriate forms, including Form 1414 and Form 1404. These forms can be found on the Department of Home Affairs website.

It is important to note that there are different streams under the subclass 186 visa, each with their own specific requirements. You will need to ensure that you meet the requirements of the stream you are applying under.

The visa application process can take several months to complete. The processing times vary depending on a number of factors, including the stream you are applying under and the complexity of your case. You can check the current processing times on the Department of Home Affairs website.

During the application process, you may be required to provide additional documents or attend an interview. It is important to ensure that you provide all the necessary information and documentation to avoid delays or a refusal of your application.

In summary, the application process for the subclass 186 visa involves being nominated by an employer, completing and submitting the appropriate forms, meeting the requirements of the relevant stream, and providing all necessary information and documentation. The processing times can vary, so it is important to check the current processing times on the Department of Home Affairs website.

Role of Australian Employers in Subclass 186 Visa

As an Australian employer, you play a crucial role in the Subclass 186 Visa process. This visa allows you to sponsor eligible skilled workers to work and live in Australia permanently. The visa has three streams: the Temporary Residence Transition stream, the Direct Entry stream, and the Agreement stream.

To sponsor a worker under the Subclass 186 Visa, you must first nominate them for a skilled occupation that is listed on the relevant occupation list. You must also meet the requirements of the stream you are applying under, including providing evidence of your compliance with Australian immigration and workplace relations laws.

One of the key requirements for sponsoring a worker under the Subclass 186 Visa is to ensure that the worker will be paid a market salary rate. This means that the salary you offer must be in line with the current market rate for the specific occupation and location. You will need to provide evidence of the market salary rate, such as job advertisements, remuneration surveys, or advice from a qualified accountant.

As a sponsoring employer, you must also ensure that the nominated worker has the necessary skills and qualifications to perform the nominated occupation. This includes providing evidence of the worker’s relevant work experience, qualifications, and English language proficiency.

It’s important to note that the Subclass 186 Visa is a permanent visa, which means that the worker will have the right to live and work in Australia indefinitely. This can be a significant commitment for both the worker and the sponsoring employer, so it’s important to carefully consider the implications before making a nomination.

In summary, as an Australian employer, you play a critical role in the Subclass 186 Visa process. You must ensure that you meet the requirements of the relevant stream, nominate the worker for an eligible occupation, and provide evidence of compliance with Australian immigration and workplace relations laws. You must also ensure that the worker will be paid a market salary rate and has the necessary skills and qualifications to perform the nominated occupation.

Rights and Obligations under Subclass 186 Visa

As a holder of the Employer Nomination Scheme (subclass 186) visa, you have certain rights and obligations. This visa allows you to live and work in Australia permanently. You can also study in Australia and access Medicare, Australia’s national healthcare system.

Rights

Permanent Residence

The subclass 186 visa provides you with permanent residency in Australia. This means that you can stay in Australia indefinitely, work and study in Australia, and leave and re-enter Australia as many times as you want.

Medicare

As a permanent resident, you are eligible to enroll in Medicare, which provides access to medical services and treatment at no or low cost.

Obligations

Work for your Sponsor

The subclass 186 visa requires you to work for your sponsor for at least two years after the visa is granted. If you leave your sponsor before the two-year period is over, you may be at risk of having your visa cancelled.

Notify Changes

You must notify the Department of Home Affairs of any changes to your address, phone number, or email address within 28 days of the change.

Follow Australian Laws

As a permanent resident, you must follow Australian laws and respect the Australian way of life.

In conclusion, the subclass 186 visa provides you with permanent residency in Australia and access to Medicare. However, you must work for your sponsor for at least two years and notify the Department of Home Affairs of any changes to your contact details. Additionally, you must follow Australian laws and respect the Australian way of life.

Comparing Subclass 186 Visa with Other Visa Types

If you are a foreign worker looking to migrate to Australia, you may be wondering which visa type is the best for you. One option is the Employer Nomination Scheme (subclass 186), which is a permanent visa that allows skilled workers to live and work in Australia. In this section, we will compare the Subclass 186 visa with other visa types to help you make an informed decision.

Subclass 186 Visa vs. Subclass 482 Visa (TSS Visa)

The Subclass 482 visa, also known as the Temporary Skill Shortage (TSS) visa, is a temporary visa that allows skilled workers to work in Australia for up to four years. In contrast, the Subclass 186 visa is a permanent visa that allows skilled workers to live and work in Australia permanently. While the Subclass 482 visa may be a good option for those who want to work in Australia temporarily, the Subclass 186 visa is a better option for those who want to settle in Australia permanently.

Subclass 186 Visa vs. Subclass 457 Visa

The Subclass 457 visa was the predecessor to the Subclass 482 visa and was a temporary visa that allowed skilled workers to work in Australia for up to four years. The Subclass 186 visa, on the other hand, is a permanent visa that allows skilled workers to live and work in Australia permanently. While the Subclass 457 visa was a popular option for skilled workers in the past, it has been replaced by the Subclass 482 visa, and the Subclass 186 visa is now the better option for those who want to settle in Australia permanently.

Skilled Workers and the Subclass 186 Visa

The Subclass 186 visa is designed for skilled workers who have been nominated by an Australian employer. This means that you must have a job offer from an Australian employer before you can apply for this visa. If you are a skilled worker and have a job offer from an Australian employer, the Subclass 186 visa may be the best option for you.

In conclusion, if you are a skilled worker looking to migrate to Australia and settle there permanently, the Subclass 186 visa is a great option to consider. While there are other visa types available, the Subclass 186 visa offers the best opportunity for skilled workers to live and work in Australia permanently.

Additional Information on Subclass 186 Visa

If you are considering the Employer Nomination Scheme (subclass 186) visa, there are some additional details you should be aware of. This visa is for skilled workers who want to work in Australia permanently. To be eligible, you must be nominated by an approved Australian employer and meet the visa requirements.

Transitional Arrangements

If you held a Subclass 457, Subclass 482 or Bridging Visa A, B or C on 18 April 2017, you may be eligible for the transitional arrangements. This allows you to apply for a Subclass 186 visa under the Temporary Residence Transition stream, even if you do not meet the new requirements for this visa.

Medium and Long-term Strategic Skills List (MLTSSL)

The Subclass 186 visa falls under the MLTSSL, which lists the skilled occupations that are in demand in Australia. To be eligible for this visa, your occupation must be on this list. Make sure you check the latest version of the list before applying.

Occupational English Test (OET) or International English Language Testing System (IELTS)

To be eligible for the Subclass 186 visa, you must demonstrate your English language proficiency. You can do this by taking the OET or IELTS test and achieving the required score. Make sure you check the latest requirements before booking your test.

Applying for a Subclass 186 visa can be complex, so it is recommended that you seek legal advice before submitting your application. An attorney can help you understand the visa requirements and ensure that your application is complete and accurate.

Department of Home Affairs

The Department of Home Affairs is responsible for processing Subclass 186 visa applications. You can find information about the visa requirements and application process on their website. Make sure you read the information carefully before applying.

In conclusion, the Subclass 186 visa is a great opportunity for skilled workers who want to work in Australia permanently. However, it is important to ensure that you meet all the requirements and seek legal advice before submitting your application.

Frequently Asked Questions

Who is eligible for the Employer Nomination Scheme visa (subclass 186)?

The Employer Nomination Scheme visa (subclass 186) is available to skilled workers who have been nominated by an Australian employer and meet the relevant criteria. This visa is designed for employers who wish to sponsor highly skilled workers for permanent residency in Australia.

What are the requirements for the Employer Nomination Scheme visa (subclass 186)?

To be eligible for the Employer Nomination Scheme visa (subclass 186), you must meet the following requirements:

  • You must be nominated by an Australian employer.
  • You must be under the age of 45.
  • You must have the required skills and qualifications to perform the nominated occupation.
  • You must meet the English language requirements.
  • You must meet the health and character requirements.

How long does it take to process an Employer Nomination Scheme visa (subclass 186)?

The processing time for an Employer Nomination Scheme visa (subclass 186) can vary depending on a range of factors, including the complexity of the application and the number of applications being processed at the time. Generally, it takes around 6 to 8 months for the visa to be processed.

What is the difference between the Employer Nomination Scheme visa (subclass 186) and the Skilled Independent visa (subclass 189)?

The Skilled Independent visa (subclass 189) is a points-based visa that is available to skilled workers who do not have an employer sponsor. On the other hand, the Employer Nomination Scheme visa (subclass 186) requires an employer sponsor.

What is the Temporary Skill Shortage visa (subclass 482) and how does it differ from the Employer Nomination Scheme visa (subclass 186)?

The Temporary Skill Shortage visa (subclass 482) is a temporary visa that allows employers to sponsor skilled workers to work in Australia for up to 4 years. The Employer Nomination Scheme visa (subclass 186), on the other hand, is a permanent visa that allows skilled workers to live and work in Australia permanently.

What is the Regional Sponsored Migration Scheme visa (subclass 494) and how does it differ from the Employer Nomination Scheme visa (subclass 186)?

The Regional Sponsored Migration Scheme visa (subclass 494) is a permanent visa that is designed to address labor shortages in regional Australia. This visa requires the employer to be based in a regional area of Australia and the applicant to work in a skilled occupation in that area. The Employer Nomination Scheme visa (subclass 186) does not have the same regional requirement.

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