What Is The Employer Nomination Scheme Subclass 186 Visa?
The Employer Nomination Scheme subclass 186 Visa is a type of visa that allows Australian companies to sponsor deserving overseas workers to work and live in Australia permanently. This visa grants permanent residency to eligible workers who live outside of Australia.
There are some stages in the Employer Nomination Visa Subclass 186 application-
- Nomination: to receive the Employer nomination visa 186, a good review of the business operations and positions given to the employee needs to be done. The employers need to contribute to the levy of SAF (Skilled Australian funds); the turnover for those could be thousands of AUD according to the turnover. It was announced by Immigration that there would be Labour Market Testing for the ENS nominations.
- Application for Visa: There are three paths for the subclass 186 visa, but they need to have good English, have a health check, and know the law. When a licensed occupation is nominated, the applicant needs a license that meets the needed skills.
The Employer Nomination visa subclass 186 falls under visas that can offer permanent residency. The visa allows holders, or their family members to-
- To live in Australia for an indefinite amount of time
- To work and pursue education in Australia without any restrictions
- For traveling in and out of Australia for five years from the date of obtaining the visa
- To apply for citizenship in Australia if one is eligible
- For enrolling in an Australian medical facility under the country’s universal health care scheme.
- To sponsor visas for relatives eligible to travel in Australia on a temporary or permanent basis.
The five-year travel restriction prevents entry again in Australia after five years. After this, one needs to have other visas for re-entering the country.
There are three streams in the Employer Nomination Scheme (Subclass 186):
- Stream for Temporary Residence Transition(TRT)
The temporary residence transition scheme permits applicants who possess a temporary work visa (subclass 457) with a nominated employer to apply for permanent residency.
If one wants to be approved for the temporary residence transition stream, the nominated employer have to-
- Be active and operate in the country in a lawful manner
- They need to meet the eligible training requirements
- Have to comply with the obligations being a sponsor of Subclass 457
- Should not have any harsh information against it
The nominated position needs to.
- Be the person who was originally approved for the subclass 457 visa.
- They need to continue to be in a good position.
- Have to be in a full-time position for at least two years following the time granted by the visa
- They need to meet the market salary rate and conditions. Their conditions should be following the Australian citizens and residents who have the same role.
The visa applicant needs to have-
- They should have held that subclass visa for working in the given position with the nominated employer two years before the application.
- They should have a good sense of the English language.
- Have to meet the given health and character requirements
- Direct Entry stream
This entry stream allows the applicants who do not meet 186 visa requirements of TRS (Temporary Residence Stream) to get nominated by an employer for permanent residency.
To get approval under this stream-
- The nominating employer has to
- Be active and operate in a lawful manner in Australia
- Need to meet the requirements for training
- Should not have any false information against it
- They need to be in a genuine position.
- They need to be full-time employees for the past two years, ever since the visa was given.
- Need to be in a work that is listed on the CSOL (consolidated skilled occupations list)
- Have to provide certain terms and conditions following those terms given to Australian citizens and permanent residents in the same role.
The visa applicant needs to be-
- Nothing more than 50 years of age
- They need to have a good understanding of the English language
- Need to have completed an assessment for the nominated work from the given authority
- Need to have three years of work experience
- They need to meet the eligible health and character requirements
- Stream for a labour agreement
The Labour Agreement stream is for those applicants nominated by employers who have entered into a negotiable and agreed labour agreement by the government of Australia.
The applicants in this stream should meet the age, needed skills, and English language within the agreement. The given health and character requirements have to be met as well.
- Direct entry stream– As per this visa, applicants can permanently work in Australia. This visa costs AUD 4,115, and 75% of applications are processed in five months, while 90% of the applications are done in seven months.
- Labour agreement stream– this visa allows applicants to be nominated by employers who live permanently in Australia. A labour agreement is required for the stream to process. The visa cost is AUD 4,115, and 75% of the applications are processed in seven months, while the rest require seven more months to process.
- Transition stream for temporary residence– the visa allows skilled workers nominated by employers to work and live in Australia for eternity. The applicants need bridging visas A, C or B. The cost for stay would be AUD 4,115, and the 186 Visa Processing time for 75% of the applications would be sixteen months to process and the rest within twenty more months.
- Several pages with all the information are given.
- A national ID card is needed.
- A list of documents that proves the name is changed.
- There must be proof for a license, membership cards and registration.
- If the applicant is a doctor, then a list of documents needs to be provided by the Australian Health and Practitioner Regulation agency.
- An unconditional medical registration
- A specialist registration allows one to practice without training for a specific field.
- The proof is needed to allow license practice in Australia if one is a barrister or solicitor.
- List of documents that can prove the skill and qualifications of the applicant.
- The proof is needed that exempts one assessing skill requirements, age and work experience.
- Several documents can prove my English speaking skills.
Required documents for the sponsor
When a nomination is submitted, the sponsor needs to have the following documents-
- An employment contract is needed for the applicant’s position; it needs to include the starting salary and compensations that are similar to Australian residents.
- Proof to show that the business is running smoothly.
- Evidence is needed to show that the employer needs to hire someone else for the applicant’s work position.
- An audited balance, a profit sheet, and loss statements of the year are to be compared with activities of the past year.
- Activities of the business for each quarter of the current year till the nomination date is needed.
- If the business is new and has run for less than a year, they need business activity statements for that year.
When an applicant wants to apply for an employer-sponsored visa in Perth, they should contact the Migration Agent Perth visa centres in the area. Some visas obtain sponsorship from Perth, Known as Perth Sponsorship visas. The applicant should meet professionals who can guide them through the application process. There must be meaningful conversations with the employer before applying for the visa subclass 186.