The Employer Nomination Scheme Subclass 186 Visa Australiaallows applicants to get sponsorship from their employer to work and stay in Australia permanently. The visa program is designed to solve shortage issues in specific occupational skills, and the nomination is granted for only particular roles from the approved list of occupations. This write-up gives a detailed insight into the visa application requirements and process.
The standard eligibility criteria for the Employer Sponsored Visa 186 are as follows.
⦁ Approved Nomination
Unless your nomination gets approved, you cannot get your visa approval from the Department of Immigration. Once your nomination is approved, you have to lodge your application within 6 months of it.
⦁ Lodging It Offshore
While applying, you have to be aware of your previous visa conditions. It will not be a problem if you apply it onshore, but if there is any ‘no further stay’ condition like 8503, 8535, or 8534 is subject to your visa, it will be difficult for you to apply for it while being inside Australia. For a successful onshore application, you must first apply for a waiver of this ‘no further stay’ condition, but these kinds of waiver applications are usually challenging and time-consuming.
⦁ Meeting The English Language Requirements
You should also satisfy the English language requirement. Usually, a competent level of English is required, but it is always better to have a higher English level. Other people included in the application should have a Functional level of English.
⦁ Proper Licensing and Registration
If your nominated occupation requires proper registration or licensing in Australia, you must provide relevant documents. Most nursing occupations require this authorization.
⦁ Health And Character Requirements
Health examination results should be shown by the main applicant and the other family members who are not migrating. Character certificates should be shown by everyone who is included and aged over 16 in the application. Generally, spouse/partner or any dependent children under 18 can be included. Exceptions can be made for children over 18 if they are still a student and are not engaged or married.
There are three main pathways through which you can apply for the Visa Subclass 186. These three pathways are the Temporary Residence Transition Stream, the Direct Entry Stream, and the Labour Agreement Stream. Under each stream, there are two sections – nomination and application. Even though you can lodge both at the same time, the nomination is ideally lodged first.
Temporary Residence Transition Stream is for applicants who have lived for 2 to 3 years with a 457 Visa. The Direct Entry Stream is for applicants who want to lodge their applications from outside of Australia.
If you already hold a Temporary Skill Shortage Visa or 457 Visa, you can take this stream. The nomination requirements are as follows.
⦁ Period of employment: If you had applied for and held the 457 or TSS Visa before 18 April 2017, the period of work should be about 2 years. And, if you had applied for and held the visa after 18 April 2017 and have an occupation from the Medium-Term list, 3 years of employment will be required.
⦁Occupation and role requirements: The occupation in which you have been employed with your previous visa, you have to be employed in the same profession for the permanent visa.
⦁ Employment offer: From the date of approval of the previous visa, you should have had a formal employment contract, which should meet the National Employment Standards.
⦁ Market and minimum salary requirements: The salary should be the same as an Australian citizen for the same role and job.
⦁ Operational evidence: The nominating company should provide relevant evidence of their business operations in Australia. Non-Australian companies do not have the right to nominate someone.
⦁ Genuineness of the role: The employer should mention several points like the size and nature of their business, position level, and the importance of the applicant for the role to prove that the role is genuine.
⦁ Requirements related to training: Now, a one-off payment has to be made by the employer to train its employees, and it has to be shown as substantial training evidence.
⦁ Skill requirement: Working for 2 to 3 years will be enough.
⦁ Age: The age must be under 45 years. But, if someone applies for the visa before 18 April 2017, their age should be less than 50. Some academic scientists, university professors, and medical practitioners are also exempted from this specification.
If you satisfy the necessary skill requirements and have not come to Australia, you can go for this stream. The nomination requirements are as follows.
⦁ Occupation and role requirements: You will be eligible only if you have an occupation on the Medium to Long-Term Strategic Skills List (MLTSSL). And the duties you mention in the application should satisfy the responsibilities mentioned in the Australian and New Zealand Classification of Occupations (ANZSCO).
⦁ Employment Offer: The employment offer granted from the date of approval should be permanent.
⦁ Operational evidence: The nominating company should be based in Australia.
⦁Direct control for the sponsors: The sponsoring company should directly employ the applicant.
⦁ Salary requirements: The minimum base salary should be annually $53900.
⦁ Genuineness of the role: Here also, the employer should give a detailed account of their business nature, company size, and why they require the applicant.
⦁ Training requirements: Evidence of paying the ‘Skilling Australians’ Fund’ will be required.
⦁ Skill requirement: For the Direct Entry Stream, you will need to show a positive result in the Skills Assessment. In addition, you will need to submit your CV or Resume, transcripts of other qualifications (if any), and evidence of 3 years of work experience.
⦁ Age: Usually, applicants aged under 45 are eligible. Exceptions can be made for specific researchers, scientists, university employees, and New Zealanders who hold 444 and 461 Visas and satisfied the employment period requirement.
Some Australian employers or industry sectors are given full rights to negotiate a special labour agreement with the Department of Immigration. This agreement allows them to bring their employees to this country on a permanent and temporary basis. Each contract has specific requirements, which you must meet. If you come to Australia through a labour agreement, you should first discuss permanent residence with your company.
The application cost is AUD 4115 for all three streams, but the 186 Visa processing time is different for the three streams.
⦁ Temporary Residence Transition Stream: 6 months for 75% of applications, while 10 months for 90%.
⦁ Direct Entry Stream: 7 months for 75% of applications, while 11 months for 90%.
⦁ Labour Agreement Stream: 11 months for 75% of applications, while 16 months for 90%.
Whenever you apply, you should have your 186 Visa checklist ready.
Adelaide migration agent are one of the most efficient professionals to help you. You can contact any immigration agent Adelaideto get specific guidance about the application.