EMPLOYER NOMINATION SCHEME - 186 VISA
Table of Contents
Australian Lawyers and Migration Agents - Employer Sponsored Visa Advice
Our Australian Immigration Lawyers and Registered Migration Agents are
experienced and ethical. We can assist clients in our offices in
Brisbane, Australia, Singapore, Hong Kong, London, UK and Lisbon, Portugal. In addition, our Australian qualified Lawyers
can advise clients worldwide, with a fast and efficient Consultation by telephone
where they advise you about:
- Visa eligibility assessment
- Information about the visa process
- Advice regarding the Migration Skills Asssessment application
- Advice regarding supporting documents including: Qualification certificates,
Work references and Identification
- Advice regarding State or Territory Skilled Nomination
- Advice regarding Employer Sponsorship application requirements
- Assistance with Genuine Position submission
- Advice regarding how to sit an English language test and required score
- Assistance in completion of Dept of Home Affairs Expression of Interest and
Visa Application forms
- Advice regarding how to apply for Police Clearance certificates
- Preparation of Medical examination and Chest x ray referral letter and advice
where to undergo health checks
- Visa Processing time guidance
- Information about the Government Visa Application fee and Migration Agent /
Lawyers fees for complete visa application assistance
Contact VisaConnect's Australian Immigration Lawyers and
Migration Agents in 2023 for advice and assistance with your Employer Nomination
Scheme - 186 visa application!
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
- 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
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
C. Genuine Position
- Employer must show that they have a
genuine need for a paid employee to fill a skilled position.
- 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
- The Nominee is under 45 years at the time of visa
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.
- 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
- 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,
(+61) 7 3040 9589