Employer Nomination Scheme (Subclass 186) – Introductory Guide

Employer Nomination Scheme (Subclass 186) is a permanent residence visa which allows eligible Australian employers to sponsor suitably skilled workers to live and work in Australia.

This visa comprises 3 streams:

Include family

You may include family members in your application when you apply or/and add family members to your application after you apply but before the Department decide on your visa.

You may include family member such as

  • your partner
  • your dependent child or stepchild
  • your partner’s dependent child or stepchild
  • the dependent child or stepchild of your or your partner’s dependent child or stepchild
  • someone who currently holds a subclass 457 or subclass 482 visa if the Department granted them that visa because they are a member of your family

Part A for Direct Entry Stream

  1. Introduction
  2. Eligibility
  3. Condition
  4. Check list
  5. Processing times
  6. Application Process
  7. Cost
  8. Frequently Asked Question
    • Visa refusal
    • Travel to and from Australia

Part B for Labour Agreement Stream

  1. Introduction
  2. Eligibility
  3. Condition
  4. Check list
  5. Processing times
  6. Application Process
  7. Cost
  8. Frequently Asked Question
    • Visa refusal
    • Travel to and from Australia

Part C for Temporary Residence Transition Stream

  1. Introduction
  2. Eligibility
  3. Condition
  4. Check list
  5. Processing times
  6. Application Process
  7. Cost
  8. Frequently Asked Question
    • Visa refusal
    • Travel to and from Australia

Part A – Direct Entry Stream

Introduction

Direct Entry Stream lets skilled workers who are nominated by an employer, live and work in Australia permanently where you must

  • Have an occupation that is on the list of eligible skilled occupation
  • Have at least 3 years relevant work experience unless exception applies
  • Have a positive skills assessment unless exception applies

According to the information released by the Department; this visa enables you to

  • Live, work and study in Australia unrestrictedly
  • Sponsor eligible family members to come to Australia
  • Enrol in Australia’s public health care scheme, Medicare
  • Travel to and from Australia for 5 years
  • Access certain Australian Government payments and benefits after a certain waiting period.
  • Apply for permanent residence, if eligible

Please visit here for more information about the newly arrived resident’s waiting period in relation to the Australian Government payments and benefits. 

Eligibility

To be eligible to successfully apply or this visa, you must

  • Have an eligible occupation
    • Please visit here for more information about the Short-Term Skilled Occupation List (STSOL).
  • Have at least 3 years relevant work experience in your occupation
  • Be licensed, registered or a member of a professional body if it is mandatory required from your proposed State
  • Have a positive skills assessment
    • Except if you have been nominated as
      • an academic as a university lecturer or faculty head by a university in Australia or
      • Scientist, researcher or technical specialist by Australian government scientific agency or
      • holding a Special Category (subclass 444) or New Zealand Citizen Family Relationship (subclass 461) visa and have worked for the nominated employer in the nominated position, for at least 2 years in the last 3 years before the date you applied for the visa
  • Be nominated by an approved Australian employer and apply within 6 months of the nomination being approved
  • Be under 45 years of age when you apply, unless exemption applies. 
  • Meet the health requirement for both you and your family members who apply for this visa with you
  • Meet the character requirement
  • Sign the Australian values statement
  • Demonstrate competent English language
    • Please refer to here for competent English language
  • Not owe any debt to Australian Government
  • Not have had a visa cancelled or a previous application refused

Condition

Condition 8515 , You must not marry or enter into a de facto relationship before entering Australia

Checklist

  • A scanned certified copy of the skills assessment
  • English test result if applicable
  • Health examination
  • Approved employer and the nomination Transaction Reference Number (TRN)
  • Identity document such as current passport
  • Evidence of any licence, registration or professional membership
  • Skills and qualifications documents, documents that prove your skills and qualifications
  • Proof of your skills and qualifications such as a positive and valid skill assessment, curriculum vitae CV or resume, proof of work experience
  • Character documents such as Overseas police certificate, Australian police certificate
  • Partner document such as partner’s identity documents and character documents, current marriage certificate
  • Documents that prove a de facto relationship including the joint bank account statements, billing accounts in joint names, joint leases or mortgages and documents that show you have both lived at the same address
  • Your partner’s evidence of functional English
  • For dependants under 18 documents, identity documents, proof of relationship such as a birth or marriage certificate
  • Form 1229 consent form to grant an Australian visa to a child under the age of 18 years
  • For dependent 18 years old or older, please provide identity document, proof of relationship and character documents
  • Evidence of family member, please provide Form 47a a Details of a child or other dependent family member aged 18 years or over, proof of relationship
  • Prove that the family member is financially dependent on you for at least 12 months before you apply
    • Proof they live with you
    • their tax records
    • proof they are currently studying

Processing times

  • 25% of applications: 4 Months
  • 50% of applications: 10 Months
  • 75% of applications: 11 Months
  • 90% of applications: 13 Months

Application Process

Step1: Gather all documents and a nominated employer and position in your occupation

Step2: Apply is visa online visa ImmiAccount

Step3: The Department will notify you your visa outcome.

Cost

You can find all information in relation to the cost of this visa in the Department website.

The visa costs AUD4640 for the main applicant.

The visa costs AUD$4890 for each family member aged 18 years or older who applies this visa with you and has less than functional English.

Please be aware that other costs may apply such as health checks, police certificates and biometrics.

Frequently Asked Question

What if my Visa is refused?
You will be informed of reasons for the refusal and of your appeal rights to the Administrative Appeals Tribunal

 Travel to and from Australia
You can travel to and from Australia unrestrictedly for up to 5 years. You are required to complete Resident Return RRV to re-entry Australia as a permanent resident. 

Part B – Labour Agreement Stream

Introduction

The Labour Agreement Stream is desirable for applicant who are currently or will work for an employer who is a party to a labour agreement.

Eligibility

To be eligible to successfully apply or this visa, you must

  • Currently work or will work for your employer under a labour agreement
  • Have a suitable English language skill, experience, skills according to the labour agreement
  • Be licensed, registered or a member of a professional body if it is mandatory required from your proposed State
  • Be nominated by an approved Australian employer whose business is actively and lawfully operating in Australia and party to a labour agreement
  • Be under 45 years of age when you apply, unless exempted by the labour agreement. 
  • If you are in Australia, you must hold a substantive 457 or TSS visa issued under a labour agreement.
  • Meet the health requirement for both you and your family members who apply for this visa with you
  • Meet the character requirement
  • Sign the Australian values statement
  • Not owe any debt to Australian Government
  • Not have had a visa cancelled or a previous application refused

Condition

Condition 8515 , You must not marry or enter into a de facto relationship before entering Australia

Check list

  • Approved employer and the nomination Transaction Reference Number (TRN)
  • Identity document such as current passport
  • Character documents such as Overseas police certificate, Australian police certificate
  • Partner document such as partner’s identity documents and character documents, current marriage certificate
  • Documents that prove a de facto relationship including the joint bank account statements, billing accounts in joint names, joint leases or mortgages and documents that show you have both lived at the same address
  • Your partner’s evidence of functional English
  • For dependants under 18 documents, identity documents, proof of relationship such as a birth or marriage certificate
  • Form 1229 consent form to grant an Australian visa to a child under the age of 18 years
  • For dependent 18 years old or older, please provide identity document, proof of relationship and character documents
  • Evidence of family member, please provide Form 47a a Details of a child or other dependent family member aged 18 years or over, proof of relationship
  • Prove that the family member is financially dependent on you for at least 12 months before you apply
    • Proof they live with you
    • their tax records
    • proof they are currently studying

Processing times

  • 25% of applications: 4 Months
  • 50% of applications: 7 Months
  • 75% of applications: 11 Months
  • 90% of applications: 11 Months

Application Process

Step1: Gather all documents and a nominated employer and position in your occupation

Step2: Apply is visa online visa ImmiAccount

Step3: The Department will notify you your visa outcome.

Cost

You can find all information in relation to the cost of this visa in the Department website.

The visa costs AUD4640 for the main applicant.

The visa costs AUD$4890 for each family member aged 18 years or older who applies this visa with you and has less than functional English.

Please be aware that other costs may apply such as health checks, police certificates and biometrics.

Frequently Asked Question

What if my Visa is refused?
You will be informed of reasons for the refusal and of your appeal rights to the Administrative Appeals Tribunal

Travel to and from Australia
You can travel to and from Australia unrestrictedly for up to 5 years. You are required to complete Resident Return RRV to re-entry Australia as a permanent resident. 

Part C – Temporary Residence Transition Stream

Introduction

The Temporary Residence Transition Stream allows skilled workers who are nominated by their employer live and work in Australia.

According to the information released from the Department, this visa enables you to

  • Live, work and study in Australia indefinitely
  • Sponsor eligible family members to come to Australia
  • Apply for Australian citizenship, if eligible

Eligibility

To be eligible to successfully apply or this visa, you must

  • Hold a subclass 457, TSS or related Bridging visa A, B or C
  • Have worked for your employer for at least 3 years full time while holding a subclass 457 or TSS visa
  • Have been nominated by an Australian employer whose nomination was approved in the 6 months before you apply
  • Have an eligible occupation
    • Please visit here for more information about the Short-Term Skilled Occupation List (STSOL).
  • Be licensed, registered or a member of a professional body if it is mandatory required from your proposed State
  • Have relevant work experience where you must work for at least 3 or 4 years for your sponsored employer while holding a subclass 457 or subclass 482 before nominating you for the subclass 186 visa 
  • Be nominated by the employer who sponsored your temporary work visa and apply within 6 months of the nomination being approved
  • Be under 45 years of age when you apply, unless exemption applies. 
  • Meet the health requirement for both you and your family members who apply for this visa with you
  • Meet the character requirement
  • Meet the health requirement
  • Sign the Australian values statement
  • Have at least competent English language
    • Please refer to here for competent English language
  • Not owe any debt to Australian Government
  • Not have had a visa cancelled or a previous application refused

Condition

Condition 8515 , You must not marry or enter into a de facto relationship before entering Australia

Checklist

  • English test result if applicable
  • Health examination
  • Identity document such as current passport
  • Evidence of any licence, registration or professional membership
  • Skills and qualifications documents, documents that prove your skills and qualifications
  • Character documents such as Overseas police certificate, Australian police certificate
  • Partner document such as partner’s identity documents and character documents, current marriage certificate
  • Documents that prove a de facto relationship including the joint bank account statements, billing accounts in joint names, joint leases or mortgages and documents that show you have both lived at the same address
  • Your partner’s evidence of functional English
  • For dependants under 18 documents, identity documents, proof of relationship such as a birth or marriage certificate
  • Form 1229 consent form to grant an Australian visa to a child under the age of 18 years
  • For dependent 18 years old or older, please provide identity document, proof of relationship and character documents
  • Evidence of family member, please provide Form 47a a Details of a child or other dependent family member aged 18 years or over, proof of relationship
  • Prove that the family member is financially dependent on you for at least 12 months before you apply
    • Proof they live with you
    • their tax records
    • proof they are currently studying

Processing times

  • 25% of applications: 7 Months
  • 50% of applications: 10 Months
  • 75% of applications: 11 Months
  • 90% of applications: 14 Months

Application Process

Step1: Gather all documents

Step2: Apply is visa online visa ImmiAccount

Step3: The Department will notify you your visa outcome.

Cost

You can find all information in relation to the cost of this visa in the Department website.

The visa costs AUD4640 for the main applicant.

The visa costs AUD$4,890 for each family member aged 18 years or older who applies this visa with you and has less than functional English.

Please be aware that other costs may apply such as health checks, police certificates and biometrics.

Frequently Asked Question

What if my Visa is refused?
You will be informed of reasons for the refusal and of your appeal rights to the Administrative Appeals Tribunal

 Travel to and from Australia
You can travel to and from Australia unrestrictedly for up to 5 years. You are required to complete Resident Return RRV to re-entry Australia as a permanent resident. 


Please follow the link below for FREE INITIAL CONSULTATION

If you want to know more about Australian visa and legal information, you can get in touch with us and we will be happy to help you!

Address: 6/13 Bridge St Epping NSW 2121

Tel: 02-8203 2999

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