Employer Sponsored, 186 Visa

Eligibility Requirements - 186 Visa

• Occupations - The Medium and Long-term Strategic Skills List (MLTSSL) will now apply to the Direct Entry (DE) stream for the ENS.
• Minimum market salary rate - Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold.
• Residency eligibility - The eligibility period to transition to permanent residence will be extended from two to three years.
• Work Experience - At least three years work experience relevant to the occupation will be required. Note that Applicants who are exempt from the skills assessment requirement are also exempt from the work experience requirement.
• Age - Applicants must generally be under the maximum age requirement of 45 years, at the time of application. However, there are exemptions to the Age limit, including the following occupations: Senior Academics, Scientists, Medical Practitioners or applicants who have applied through a Labour Agreement.
• Labour Agreement Fees - Nominations for an ENS visa under a labour agreement will be required to pay a nomination fee, unless the position is in regional Australia.

ENS 186 visa - 3 Streams

• 1. Temporary Residence Transition stream - available for Temporary Skilled Workers, 482 TSS Visa, and workers who are still on the former 457 visa and have worked in Australia for 2 years for their nominating employer.
• 2. Direct Entry stream - available for people who have been nominated by their employer under the Direct Entry stream or people who have never, or only briefly, worked in Australia, or temporary residents who do not qualify for the Temporary Residence Transition stream.
• 3. Agreement stream - available for Temporary Skills Shortage visa holders, and former subclass 457 visa holders, sponsored by an employer through a labour agreement.

Employer Requirements - 186 Visa

• A. Business in Australia - Employer must prove that the business is located in Australia and that it is operated by the employer and complies with Australian immigration and workplace relations laws.
• B. No Adverse Business Information - there is no adverse information about the Employer's Australian business, or any person associated with the business.
• C. Genuine Position - Employer must show that they have a genuine need for a paid employee to fill a skilled position.
• D. Licensing - Employer must demonstrate that the skilled person is eligible for any mandatory licensing, registration or professional body membership where required.
• E. Full time Position - Employer must prove that the position is a full time, fixed-term appointment of at least 2 years, paying a market salary rate.
• F. Training requirements - Employer must have met the Temporary Skills Shortage, Subclass 482 visa or former subclass 457 visa training requirements in each year they have been a standard business sponsor.

Nominee Requirements - 186 Visa

• 1. Nomination Approved - The Nominee or Worker must be nominated by an Australian employer and this nomination has been approved within the 6 months before the visa application. Note that the Visa cannot be granted if:

• Adverse information about your Nominator or any person associated with them is discovered, unless it is reasonable to disregard this information, or
• The nomination is withdrawn, or
• The position is no longer available

• 2. Age - The Nominee is under 45 years at the time of visa application.

• 3. Nominee's Skills - must have skills and qualifications relevant to the nominated position.

• 4. Skills Assessment - applicants need to have a skills assessment that shows they have the skills to work in the nominated position. Note that Applicants are exempt from obtaining a Skills Assessment if they:

• Have been Nominated as an Academic (University lecturer or faculty head at Academic Level A, B, C, D or E) by a University in Australia, or
• Have been nominated as a scientist, researcher or technical specialist by an Australian government scientific agency, or
• Currently hold a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the employer who nominated you, in the nominated position, for at least 2 years in the last 3 years prior to the date you applied for the visa.

• 5. Licensing - The Nominee can satisfy any mandatory licensing or registration requirements.
• 6. English Language Ability - The Nominee has competent level English language ability, at the time of visa lodgment. Competent level English is demonstrated with a score of at least 6 in each of the four test components (speaking, reading, listening and writing) in an International English Language Testing System (IELTS) test. It may be possible to get an exemption from the English test if you have completed at least 5 years of full-time study in a secondary or higher education institution, where the tuition was provided completely in English.
• 7. Health and Character - The Nominee and all family members meet health and character requirements.

Benefits of the ENS Visa

If you and your family members have been granted the 186 Skilled Sponsored visa, you are permitted to:

• Live, Work and Study in Australia indefinitely.
• Enrol in Medicare - Australia's scheme for health-related care.
• Sponsor eligible relatives and family members for permanent residence of Australia.
• Multiple entry travel to and from Australia for 5 years from the date the visa is granted.
• Processing Times - As at 22 October 2021, 75% of 186 Visa applications are decided in 6 months and 90% of 186 visa applications are decided in 11 months.

Temporary Residence Transition from 482 Visa to 186 Visa

Applicants on a 482 Work Visa, can apply for Direct Permanent Residence, if their occupation is on the MTLSSL, and they meet the following requirements:

• Skills assessment not required. (Useful for IML/AIM occupations though)
• At least 3 years work experience under 482 Visa, with the same employer nominating for 186
• Competent English
• Under 45 years of age (limited exemptions)

Office Address and Telephone - VisaConnect Australia

Contact VisaConnect's Consultants at our Brisbane, Queensland, Australia office below:

VisaConnect - Qld, Australia
Level 1, 16 McDougall Street,
Milton, Brisbane,
Queensland 4064
Australia

Telephone: (+61) 7 3040 9589