Employer Nomination Scheme Visa is the section 186 Visa. This permanent residency visa is for applicants who are nominated by an Australian business for an eligible occupation. The three different streams under this visa are:
- Temporary Residence Transition stream;
- Direct Entry stream;
- and Labour Agreement stream.
Along with being nominated by an Australian employer, an applicant must meet the skills, qualifications and English language requirements of the position, and must also meet all other requirements of one of the streams of this visa.
The application has two stages:
- and Application.
Different Visa Streams
Temporary Residence Transition stream
The Temporary Residence Transition (TRT) stream is for applicants who hold either of the following:
– Temporary Skill Shortage (TSS) visa (subclass 482) in the medium-term stream unless transitional arrangements apply;
– Temporary Work (Skilled) visa (subclass 457) not granted under labour agreement arrangements; or
– related associated Bridging visa;
and have worked for the employer full-time in Australia on their subclass 457 and/or TSS visa(s) for at least:
− three out of the previous four years before the nomination is made; or
− two out of the previous three years before the nomination is made if transitional arrangements apply because on 18 April 2017 the applicant either held a subclass 457 visa, or was an applicant for a 457 visa which was subsequently granted, in the same position as the nominated position.
The applicant must also be under the age of 45 and have competent English unless they are a person specified by the Minister under legislative instrument IMMI 17/058. However, applicants over 45 but under 50 may still be able to apply under this visa if transitional arrangements apply because on 18 April 2017 the applicant either held a subclass 457 visa, or was an applicant for a 457 visa which was subsequently granted.
Labour Agreement stream
The Labour Agreement stream is for applicants who are nominated by an Australian organisation through a formal labour agreement that provides for a permanent residence pathway. The applicant must demonstrate they have the qualifications, skills and experience relevant to fulfil the requirements of the position.
The applicant must also be under the age of 45 unless the Minister has agreed that a person who has turned 45 may be employed in the relevant labour agreement.
Direct Entry stream
This stream is for applicants who do not meet the requirements under the TRT stream but have been nominated by an employer under this stream, with the nomination having been approved by the Regional Certifying Body as per r 5.19(4). The applicant must also be under the age of 45 and have competent English, unless they are a person specified by the Minister under legislative instrument IMMI 17/058. The Medium and Long-term Strategic Skills List applies. Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold. See Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018. At least three years work experience relevant to the particular occupation is required.
The Direct Entry (DE) stream is for applicants who are nominated by an Australian business and who either do not meet the minimum time requirement for the TRT stream or have never worked in Australia. To be eligible for a DE stream visa the applicant must have successfully completed a skills assessment by the relevant authority specified in legislative instrument IMMI 17/040.
The applicant must also be under the age of 45 for this stream unless a person of a class specified in legislative instrument IMMI 17/058. The applicant must also demonstrate they have competent English, or higher, if required by the relevant assessment authority.
The Medium and Long-term Strategic Skills List applies and applicants must have skills which are included on the list.
Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold requirements as set out in legislative instrument IMMI 18/033.
At least three years of work experience relevant to the particular occupation is required. This must be full-time and at the same level as the nomination occupation. Experience gained as a trainee cannot be counted.
How Long Can I Stay With The 186 Visa (Employer Nomination Visa)?
The 186 Visa is a permanent visa that allows you to stay in Australia for as long as you like.
186 Visa Processing Time (Employer Nomination Visa)
The average time taken for the 186 Visa is 7-15 months.
Why Choose Aries?
The whole ‘lawful visa acquisition’ process can be one lengthy and paperwork intensive task. Our Immigration Lawyers are well versed with the varied requisites and provisions and have helped over a thousand people across a wide range of work profiles and family status. Aries Lawers focuses on making the whole process easy and swift while you can concentrate on other important business. Head over to our Enquiry page by clicking on the button below, take a short and interactive visa interview therein for FREE and our team gets back to you in a jiffy.
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