Important Aspects Of Employer Nomination Scheme Visa (Subclass 186)

The 186 Employer Nomination Scheme Visa (shortly termed ENS Visa) is an Australian visa that allows Australian employers to nominate and sponsor international skilled workers. At the time of nomination, the workers can be either in Australia, staying or working as temporary residents, or outside Australia. 

If you feel you have enough skills required in a nominated occupation, you can consider this visa for an application. This blog presents a detailed guide on the different aspects of this permanent residency visa and its application.

What are the eligibility requirements for the nomination?

For a valid nomination, the following eligibility criteria have to be met.

● The business should be legally operating in Australia.

● There should be a genuine need for a skilled worker in the nominated job role.

● The business should have the required capacity to recruit an individual in that job position for 2 years.

● The visa applicant should be employed as a full-time employee.

● Availability of the position should be at least 2 years from the visa grant date.

● The nominated occupation should be on the latest MLTSSL (Medium and Long-term Strategic Skills List).

● The annual salary should be a minimum of $53900.

● The employer’s responsibility is to make sure the overseas employee enjoys the same workplace rights as an Australian employee.

What are the eligibility criteria for an ENS visa applicant?

The Employer Nomination Scheme Subclass 186 Visa has three streams – Temporary Residence Transition, Labour Agreement, and Direct Entry. Each stream has different eligibility criteria, and so it is necessary first to choose your stream and then apply correctly.

Temporary Residence Transition

For this stream, you have to fulfill the following requirements.

● During the last 4 years of your stay in Australia, you should have held a 482 or 457. Only then you will be able to work as a full-time worker in the nominated job role. By full-time work, we mean 35 hours of work every week.

● You should be genuinely performing the essential job responsibilities for the nominated role.

● Having a competent level of English skills is necessary.

● Unless exempt, your age should be under 45 years.

● If you want to get a license or register as a member of a professional organisation, you have to meet specific requirements.

● Meeting relevant character and health requirements are also mandatory.

Here are some points that you should make a note of.

● This stream applies to two groups of applicants – applicants who had applied for or had the Visa Subclass 457 before 18 April 2017 and applicants who had applied for 482 or a 457 Visa after this date.

● Applicants belonging to the first cohort fall into the category of ‘transitional provisions’. If you are one of them, you can apply for this visa using several exemptions. In that case, you will be eligible for a nomination after working for only 2 years with your sponsor. In addition, you will also be eligible even if your occupation is not on the Short-Term Skilled Occupations List (STSOL).

● But, for the second cohort of applicants, the occupation should be listed on the MLTSSL, and the duration of employment should be at least three years.

Direct Entry

If you want to apply for the Direct Entry Stream, your occupation should be listed on the Medium and Long-Term Strategic Skills List. There are other requirements too, which are as follows.

● A relevant assessing authority should assess your occupational skills.

● Your post-qualification experience should be at least 3 years.

● You should have competent English.

● Your age should be under 45 years.

● Specific requirements for licensing or professional registration and memberships are required for this stream also.

● Health and character requirements should also be satisfied.

Labour Agreement Stream

If you currently work or want to work under a company that will sponsor you and has a labor agreement with the Government, you can apply under this stream.

How can you include your family members?

Like other Australian visas, the Visa Subclass 186 also allows an applicant to include immediate family members. However, you should note that all family members cannot be included.

● You can include your spouse or partner, who may be of the opposite or same sex. You must then prove that your relationship is genuine and that you permanently live together.

● Apart from the spouse, you can also include your or your partner’s dependent child or step-child. Dependent children should preferably be under 18 years of age. However, children aged 18-23 are also allowed, provided they financially depend on your or your partner.

Do you need to continue working in your occupation?

To be eligible for the visa, an applicant must demonstrate skills in a specific job role. However, the visa holder does not need to continue working in the same employment position once the visa is granted. The reason is that permanent residency under the ENS Visa is given to visa holders with no conditions. 

A step-by-step application procedure for the Visa 186

Before completing your application, you should see whether you meet all the eligibility requirements. The application procedure will involve several steps, which you should follow. Though the documents will be different for different streams, generally, these steps are required to complete the whole procedure. An application refusal can cost you a lot. So, it is essential to be careful about completing the process correctly.

Step 1: Things to do before you apply

There are several things to consider before you make your application. First, an Australian employer should express interest in nominating you. If they give a green signal, you can now prepare for the health examinations and skills assessment.

For a smoother application procedure, you may consider taking help from a migration agent. When the nomination is submitted, the authority sends a Transaction Reference Number (TFN) to the employer. Ask them for it.

Step 2: Gather documents

This is the step to gather all the necessary documents according to the 186 Visa checklist. Several documents will be different for different streams. So, you must be careful about that.

Step 3: Apply

Applying is a lot easier now you can do it online. You have to open an ImmiAccount on the official website of the Australian Immigration Department for the application.

Step 4: Things to do after you apply

Once the application is submitted, the Department of Home Affairs will inform you about it. You will need to wait for at least 6 months, during which you have to submit documents about your health examinations, biometrics whenever required.

Step 5: Visa outcome

In the last step, the Department will inform you about the visa outcome.

Visa processing time

For each stream, 186 Visa processing time is different.

Temporary Residence Transition Stream

Applications get processed in 17 to 21 months.

Direct Entry Stream

The processing time is 7 to 10 months.

Labour Agreement Stream

Applicants know their visa outcome within 7 to 11 months after making the application.

How can an immigration agent help you?

A Registered Migration Agent Perth can be of great help in making your application successful. They can offer the best advice on submitting your application and getting your job done.

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